Friday, July 1, 2011

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  • shri22
    11-12 04:18 PM
    Can you please tell me, when was this announced? Is this a new rule ?
    I think people converting from F1 to H1 go to mexico.





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  • chi_shark
    10-08 10:43 AM
    not website... just the category... thanks for your opinion...

    also, title leaves the possibility that the content talks about a creative new business idea... or some creative twist in interpretation of law...

    I see nothing wrong with this topic at this website. We had a lot of pressure on GC. The bad economy just made our life worse. We need some high spirit.

    And the title clearly indicates that it is not about any specific immigration issue. People don't have to click when not interested.





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  • RajForGC
    02-20 03:33 PM
    My PERM and 140 under EB3 is already approved last year, (other Conuntry). I am in the process of filing EB2, MS +0, with same company: different postion and 30% job req changes, prevaling wage is different level. I did my MS before I joined this company. My lawyer is saying we should be fine: any suggestions.





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  • webm
    02-04 07:18 PM
    Which messenger and can you point the url?



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  • sai
    05-25 06:49 AM
    sent





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  • Pagal
    02-06 04:38 PM
    I am a CDN citizen, so I know it a bit better.

    :) I believe you... for me tax treaty is a 'nice-to-have', but the dual standards of taxation vs living status is my issue.

    Taxation on consumption is my preference, but of course, that would be too logical for politicians and bureaucrats... ;)

    See www.fairtax.org for details.



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  • Coppertop
    10-18 03:13 PM
    Unless I am mistaken, the battle is over! (and if it isn't, it should be)

    congradulations to Phat7 for winning the "best edited picture"!





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  • GcInLimbo
    02-10 01:34 PM
    The following link from immigration.com forums might give you some mental relief. As every one else said report to DOL if you were not paid.

    DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)



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  • sraghava
    10-08 02:29 PM
    I have the same case as user beautifulMind ..

    I applied for my I-485 AOS and EAD-OPT card for my wife at the same time (June last week) .My wife is on F-1.We decided to apply for the EAD-OPT since there were rumors of the July 2 retrogression.She received her EAD-OPT in Sep (EAD to start Oct 1 ) and received her I-485 EAD on Oct 5 (EAD to start Sep 27).

    Should she use her OPT-EAD or I-485 EAD ?





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  • vin13
    10-26 05:48 PM
    What you think , doesn't matter.
    Cant fly through FRANCE/UK for sure, without a valid US visa stamped.

    People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.

    Emirates/Direct AI/Continental should be OK from East Coast.

    Alright. I did not realize that this was a case of no valid visa on passport. I cannot attest to that.



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  • jasmin45
    07-12 08:46 PM
    Lets discuss this after we deal with July Feasco. no offence to you as you are free to keep moving this post of yours... its just my oppinion and of most in this thread as well.. One issue at a time!





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  • newbie2020
    07-07 01:52 PM
    Generally you need not pay the taxes right upfront, However if at the end of the year when you file your taxes, if the IRS determines that you owed lot of taxes and you hadn't make any advance payment it could create lot of issues,

    Also imagine getting a tax bill for $$$$$ at the end of the year and you need to shell out right huge amount instead of making a small installments (Similar to the W2 withholdings )

    Better choice, Make an advance tax payment, it would reduce the tax burden at the end, You may also get a refund.....

    You can make the advance payment by getting an voucher and filling the details...., It need not be in both names, it can be just in your wife's name.

    Again it doesn't matter how much you want to pay up...Pay like 3-4K per quarter and you are good...At the end of the year if you owe any additional amount you will pay it else if you made any extra payments you will get refund

    All of it is just one single payment, Nothing to separate



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  • vegasbaby
    10-04 12:14 AM
    Would greatly appreciate some advice regarding my fiancee.

    She is currently in the US on a B1-B2 Tourist/Business visa. This is her fifth visa and has visited the US a total of 10 times over the past 5 years, spending 1-5 months each time. She has NEVER had a problem on arrival at the airport, never been called into the room for questioning, etc.

    We are planning on getting married, but we need to make a trip to her home country for my work in the next few weeks for about a month. We were planning on waiting till 30 days after our return to marry and then to apply for her I-130/I-485 after that.

    We just had a consultation with an immigration lawyer who recommended that she does NOT leave the country, and that we should get married ASAP and apply for the I-130/I-485 now, wait 2-3 months and make our trip then. The lawyer thought that there was a possibility that she might not be admitted the next time she comes in if the border agent has even the tiniest suspicion that she is entering to get married.

    Although her previous B1-B2 visas were renewed each year without an interview, this year she was called in and they asked her some questions. She mentioned that she was doing some work for me in China, and that she would be staying with me in the US. She also put me down as her financial guarantee in the US.

    I understand the basics of dual intent, and would not want to compromise her ability to enter the country.

    Of course no one can know for sure, but would be grateful for some experienced advice about this. What are her chances of being refused entry when she returns? (Her visa is valid for one year, so it would be on the same visa she arrived here on this summer.) Would it be better if she arrived on a different flight than me? Or even better if she arrived on a flight to another city rather than the one where we live?

    Any suggestions or advice would be greatly appreciated. Thank you.




    I have to agree with the attorney here...B1/B2s visa are not much of a gain to USCIS. The beneficiary is not paying any taxes while in US. So there is every possibility of rejection/denial at POE. Best would be getting married while in US..The attorney's would have much more control if COS was done from US. Most attorney's would not be of much help when consular processing is involved.





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  • optimystic
    09-10 08:11 PM
    Thanks for encouraging comments from everyone. I hope some one from core team also takes notice of this and gives it some consideration.

    May be we could tie this campaign as part of gaining support for approval of 5882 (visa recapture)



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  • krishna_brc
    07-06 11:18 AM
    I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.

    Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.

    Not to panic. As said by "trump_gc" prepare an affidavit explaining the correct name and ask the attorney to send an amendment request on 485 if name has to be changed along with all supporting documents and explaining the current situation.

    Also please let us know your Priority Date and Receipt Date of I-485 and service center, this helps members of IV understand what PD and RD currently uscis is reviewing.

    Thanks,
    Krishna





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  • gc_on_demand
    03-18 01:09 PM
    Hi gc_on_demand:

    Great Analysis! What are your predictions for EB3 for this year?

    You mean to say that EB3 (40K) is already used up for this year :-(

    Thanks,
    Rayoflight

    All Eb3 will get close to 40k this year . There will not be any spill over from Eb1 or Eb2. Also Eb3 ROW is not current so chances are very minimal that Eb3 india and China will get any exxtra visa. Only CIR or Recapture is hope for Eb3. OR as I said in earliar post that if Labor dept makes too hard to file for Eb2 in coming years then after 2-3 years you may see spill over to Eb3. otherwise it will crawl. But chances are there that they will recapture or do CIR in between.



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  • aditik
    07-20 08:49 PM
    I know I have read it on the USCIS website...I'll get it for you


    Hi

    This is what is mentioned on the I-765 form.

    http://www.uscis.gov/files/form/I-765.pdf

    Check page number 9. It speaks about Interim EAD, and this document expires on 08/31/08. If they have stopped issuing Interim EADs how come it says the opposite on this document. Just wondering:confused:





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  • ImmiRam
    09-13 02:31 PM
    Excerpt from the IV Home Page:

    "It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.

    We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."

    Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?





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  • martinvisalaw
    03-09 12:30 PM
    My understanding is, while your AOS is pending, you're in parolee status.

    You are only a "parolee" if you used Advance Parole to enter the US. Some people don't get AP, or don't use it.





    Irs
    02-10 01:43 PM
    key note....Document and have everything in writing/email/recording...





    rpat1968
    03-09 12:04 PM
    Per Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) the visa numbers for EB2 and EB3 - India & China to Stay at Current Levels in year 2007.
    (Post from http://www.murthy.com/bulletin.html )

    Employment-Based Second Preference / EB2

    The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.

    Employment-Based Third Preference / EB3

    No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.

    This means it is much more important and essential to get Congress to allot more numbers for Legal Immigration or lease we will be struck with this in GC black hole for years to come.

    Guys wake up and start talking to Senators, Congressmen. Get your employers to send letters to Congress. Help IV by contributing and increasings IV membership, spread the word among you foreign friends , students.

    Raj



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