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  • Kevin Sadler
    October 23rd, 2005, 02:57 AM
    if i'm around, sure. i was just up there today near petaluma.




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  • hate_me
    03-17 01:39 PM
    I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.


    My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
    Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
    Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.




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  • sbmallik
    05-14 09:41 AM
    Gaithersburg, Rockville, Deerwood or Aspen Hill




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  • Kodi
    08-28 06:50 PM
    Received 2 yr EAD, I-140 pending as of 4/18/08



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  • 485Mbe4001
    10-08 12:54 PM
    SS tax has a cut off after a certain income level. The current SS is supporting the baby boomers and it is projected that in its current state by 2017 the current SS deductions will be less that the outflow. SS is marching towards a disaster.

    PF is put in our own account, you get back what you put in along with interest. My company in india used to give a 100% deduction match, most s/w companies do the same. The amount that is put in PF will never go down as the interest rates are set by the government (inflation is a different story). IMO it is much better than social security.

    There is no totalization agreement between US and India, its one of the reasons we will never see our SS contributions unless we work for 10 odd years or get that damn GC. This law is for employees from indian companies who used to come to work on short term projects.

    Isn't this exactly what we have to go thru here in US by paying SS Tax?




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  • sanjay
    08-30 12:01 PM
    Any one knows , How is my GREEN Light turned to RED ?? Ways to turn back green

    because some people might rated you -ve for this post, which serves no purpose, when we have more than enough polls around. Try to refrain from postings if you don't have any constructive info. Its better to refresh page and keep reading others posts.



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  • hoolahoous
    10-30 05:28 PM
    Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, among other forms of earned benefits, do not support a public charge determination.
    Unemployment compensation is also not considered for public charge purposes.


    that settles it. Receiving Unemployment benefits is okay on AOS.




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  • CT_Green
    11-07 02:14 PM
    As long as you have maintained status there is nothing to worry?

    I had a question regarding H1 visa stamping. If my I-40 is approved when I am out the the country and I have also to get my visa stamped for H1. Is there a chance of H1 being denied since the 1-40 is already approved. Any insights will be appreciated. Thanks.



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  • snathan
    05-17 05:02 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.

    Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM




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  • sintax321
    10-22 08:36 PM
    Hey mdipi I like your new footer. Looks really good.

    :)



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  • meridiani.planum
    08-15 09:31 PM
    Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance

    the quota is not filled. Try looking for another job and sponsorer asap!




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  • GCwaitforever
    04-11 11:47 AM
    Congratulations on getting GC. You are out of this hellhole.



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  • chantu
    08-21 06:17 PM
    Of course you can work. Sometimes I worked extra 10 hrs/week and max I did was 20hrs/week. It is good to have more money than your LCA amount.

    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.




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  • a1b2c3
    05-21 11:54 AM
    please reply in case you need more info



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  • saimrathi
    07-11 03:18 PM
    What about Maria? She can speak for us..
    "With a career in journalism spanning more than two decades, Shriver has served as reporter, correspondent and anchor for world news organizations such as CBS and NBC, and is currently on leave from NBC News."

    http://gov.ca.gov/about/maria

    She is not an immigrant like Arnie though..




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  • perm2gc
    04-27 02:25 PM
    Hi Gurus
    I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
    other options left for me?

    Applied for H-1 extenstion Feb'5 2009
    RFE Date - Mar' 12 2009
    Denial Date - Apr'24 2009

    I797 Expiry - March'31 2009
    how was the query replied ?



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  • sw33t
    01-18 12:40 AM
    From San Antonio. Count me in.




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  • vxg
    07-17 11:04 AM
    It is a hit or miss so have to keep trying i generally do not call them often but last month just had a hunch and got lucky. The steps are copied here from another thread.

    Call 1-800-375-5283
    Press 1 to select English
    Press 2 to skip introduction
    Press 2
    Press 6 to find case status information
    Press 1
    Now enter your receipt number SRCxxxxxxxxxx
    Voice asks if SRC press 1
    Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
    Part way through the blah blah press 3
    Wait a moment and press 4
    (now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
    You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
    VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?




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  • lazycis
    01-10 08:26 AM
    EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

    The bad part of it in your case is that NC is still pending.

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf

    "As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."

    So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.

    http://en.wikibooks.org/wiki/FBI_name_check




    Googler
    02-14 05:22 PM
    Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.

    "In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."

    Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!

    I love also this part: "in the unlikely event that FBI name checks reveal actionable information".

    As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.

    Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.

    About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.

    Yep, I *love* the "unlikely event" part.




    vin13
    10-26 01:31 PM
    My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
    Does she need French transit visa ??

    I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.



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