Wednesday, June 15, 2011

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  • induk
    03-20 03:13 AM
    if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.





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  • virald
    08-14 12:13 PM
    My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.

    Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?

    Gurus, please advice

    (BTW I have an approved I-140.)

    Q6: What happens if an application is filed at the wrong Service Center?
    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.


    From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    You should be okay





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  • InTheMoment
    11-25 05:12 PM
    USCIS systems that the generic CS rep sees or the CLAIMS3 systems that the IO sees doesn't have any info about AC21 docs that you sent them.

    Like someone suggested it is a very good idea to keep the original attorney (might not happen in all cases such as when your other company is a direct competitor. Depends on the lawyer). I did the same did not have to pay anything to my attorney to maintain my file.

    I sent my AC21 docs to NSC against the advise of my attorney (I surmised that that I would waste time and money if USCIS ever sends a EVL RFE). I think that was a good decision as I got the I-485 approved soon.

    Also I see from the FOIA request that I made, that the AC21 docs that I sent were indeed in my file when the decision on my file was made.





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  • akhilmahajan
    08-16 03:52 PM
    I will like to suggest is, try to talk to them nicely and try to make them understand what they have talked to you before filing GC.

    Otherwise u dont have any choice, definitely u cant risk being rude with them. They can still hurt you as they still have all the cards in their hand.

    About the G328 form, i have read in other posts that for some companies HR have signed for the applicant.

    It seems like every company has their own way of filling GC. I am sure u are not the first one who are filing GC through your company.

    I hoep this helps.



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  • kishdam
    02-06 03:44 PM
    Do you work for saicon.. I also signed something like this.

    No. I work for an established software product company. Did anyone at your employer left and what were consequences. At my office not all signed this and they still continued application.





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  • pratikgr
    08-08 08:30 PM
    Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards

    what do you mean by find a position in any university. I think then also you need H1 visa and that can not fill the gap of those 4 months.



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  • Hassan11
    03-26 10:49 AM
    I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you





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  • vladdrac
    06-11 06:01 PM
    the question may be, why did 'someone' do it



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  • vin13
    01-16 10:24 AM
    Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

    You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

    Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.





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  • vpgreencard
    07-30 09:46 PM
    The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.



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  • chanduv23
    11-10 06:13 AM
    And shat exactly is the point of this discussion again? More ranting?

    You know, maybe few people have noticed this, but when it comes to selecting the "lawyer", you have to pay, if you want your own lawyer. A lot of ppl are very happy that the company pays. So people want their cake and eat it too. They want the company to pay for the lawyer, BUT BUT they want the lawyer to work for them and even let them, when they can leave the employer without negatively affecting their GC process.

    The problem is not just the lawyers or the HR ppl guys. The problem is also partly US. If we were to insist that WE pay for the process and we hire our own lawyers, we would have a LOT more control on the process. However, I understand that not all of us have that option, but then those of us who do not have that option, have to thank their stars that they did not end up paying close to $10K for this whole process. Face the facts guys, if your company is paying ur lawyer, ur lawyer is working for them NOT you. Your company and NOT you is the lawyer's client, so he is LEGALLY REQUIRED to serve them and NOT you.

    We curse the USCIS everyday (I do too), but we have to admit, they have done an EXCELLENT job these past few months and almost everyone I know has received their EADs, APs and FP notices within the stipulated 90 day period. Let us commend the USCIS for that. We criticized and cursed them when the the time had come to do so. Now they have done a good job so let us commend them for it. Some USCIS centers are even doing actual finger printing on Saturdays (in the state of CT. My friend actually did his on a Saturday). They do not have to do any of this, BUT THEY ARE DOING IT.


    About HR, again we all hate them, but they do the best they can. Ah what the heck i'll give you guys this one ;) Go ahead curse away :p. Although I will say this, some HR ppl are rather helpful. I have worked for 2 companies and touch wood both helped me a lot with paperwork and were quite prompt.


    I would say USICS and Lawyer are OK, but HR - no way. Very few HR are helpful. Usueally HR in small companies are quite helpful. HR is the most influential person in an organization. Never never assume HR helps you. If HR talks sweet - then it is most dangerous - they can mess with your lives. The HR in my first company was the best and I have never seen such people anywhere else - he was good because he was basically and MBA with HR experence. He used to take independent decisions and used to do "what he feels is right" and manage his bosses well - such are rare find. Most HRs are difficult and dangerous to handle. If something goes wrong and you approach the HR, HR "though is supposed to help you" will pretend as if he/she is helping you but will work against you.

    It may sound silly but in one of the company I worked, I had issues with the travel agent who was giving me tough time (mine was a travel job) and the HR screwed me big time because of her friendships with the travel agency (very popular one) whereas I thought HR would actually help sort issues.

    Many people fail to realise that the corporate world is very selfish - companies want you for your skill - when they give you a job it means they are paying for time and skill and they do not have any ties with you. You must know how to play your cards and always watch your back.

    Lawyers and USCIS are just external entities like the travel agent I mentioned above. They will be happy to work with you if they have a choice. So it is your choice.





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  • logiclife
    05-23 11:56 PM
    Mercies,

    This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.

    Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.

    Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.



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  • TomPlate
    02-03 02:54 PM
    I am going to travel to India.

    I am in H1B and have valid Advanced Parole and expired EAD.

    What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.

    1. 485 Receipt Notice.
    2. Copy of 140 Approval Notice.
    3. Employment Verification Letter.

    Anything else? Please let me know.





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  • pappu
    03-06 03:03 PM
    Sanju,
    Please do not use bad language on the forum.

    We try hard to keep it civil.

    I am closing this thread and deleting your posts to stop any further use of profanity and personal remarks.



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  • greencardvow
    08-03 07:12 PM
    This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.

    If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.

    Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.

    The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.

    Reason: Employer didn't follow labor rules in paying for some of the other employees.





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  • vivache
    09-21 04:47 PM
    Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.

    I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.

    Wouldn't it make sense to lobby for an interim EAD in following cases:
    1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
    2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?

    Not sure if this issue has been debated before.



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  • REEF�
    06-11 03:52 PM
    And everyone has a side with some boobies!





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  • gcisadawg
    04-07 06:52 PM
    Folks,

    Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!

    Regards,
    gcisadawg





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  • GCBALAK
    03-18 12:57 AM
    I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.

    I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.

    My questions:

    1) Can I start / partner with a friend who is a US Citizen?

    2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).

    3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc

    4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.

    5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.

    Any tips / advice from the experts will be highly appreciated.





    Pankaj
    04-17 11:04 AM
    I would suggest send an email, fax and certified mail asking your salary and give a time of a week.
    Fill WH4 form along with copy of H1 approval and submit to the office of DOL where you worked for that period.





    saveimmigration
    12-06 02:22 PM
    After seeing so much activism on Dream Act in the news, I think Dream Act deserves to be passed. Recapture does not. We are responsible for it for not doing anything if Dream Act passes. Just Google Dream Act and you will see so much work done on this. Compare it to Recapture bill. Reporters will also write about issues where they see lot of activity. We are simply not doing enough.


    DREAM act is a political issue if passed will get Democrats millions and millions of hispanic votes and possibly help them in 2012 election. Republicans will also want those votes. So there is a possibility that DREAM will pass some day. It is unfortunate illegal aliens get path to citizenship and legal immigrants like us have to wait on an untimed line with a hope to get green card. It is all politics my friends. Bottom line is they are illegal when they came here. If they are students they should get F1 visas if they are working should get work permits. Giving them citizenship is ridiculous. No one supports our cause, not even the Hispanic community. Dude we should oppose illegal immigration that has kept legal immigration at hostage. Jai Hind!1



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