Wednesday, June 29, 2011

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  • ca_immigrant
    02-05 01:41 PM
    Apologies if I should have looked this up somewhere within IV .
    Guess it is a simple question.

    What does a soft LUD mean ? I have often read that term on the forum.

    I at times see that something was updated on my case..."last updated date" but then there is no status update.....for example this happened on my I131 application on Feb 4, 2009

    On the I485 I think it is just that they transferred it from one office to another as the status says.

    =============================
    Last updated | Form number
    2/4/2009 | I131
    2/5/2009 | I485
    ===============================





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  • chanduv23
    02-21 10:35 AM
    Thanks for the info. I will pass it on to him.





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  • Humhongekamyab
    01-15 12:53 PM
    Since when has more money than the prevailing wage been a problem?

    If they pay you via a check to the company you own, then they will be paying for services rendered. They will not be paying employment taxes(SS+Medicare) on that check amount. You will end up paying Self employment taxes amounting to 15.2% on this amount instead of the 7.6% had it been part of your W2.

    As far as the impact to the GC process. I dont think the excess amount should be a problem, but pls confirm with an imm.attorney

    Cooler, thanks for the response.





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  • carlosCA
    02-05 06:20 PM
    Hi all,

    I am currently working on an L1 visa. Have been in the US for 1.5 years.

    A few weeks ago I wanted to change my job. Now I have an offer and the new employer is trying to sort out the visa.

    Unfortunately, the H1B visas are gone for this year, and the employer can't wait until October to get me working in their team, so waiting for the new H1 visas is not an option.

    After checking with their immigration attorneys, they now say the only option I have is to request an 'O' visa (they will support me).

    'O' visas are available for top sportsmen, actors or scientists. The attorneys say I have a good-enough resume to apply for one (masters degree, published some articles and experience in top companies) but I still think the opportunities are not many, since I think my resume is really good but not outstanding enough for this type of visa.

    My question is, how careful do I have to be when letting the company attorney to apply for a 'O' on my behalf? And specially, if the visa is denied is that going to impact my current L1 visa? I don't wanna end up with no visa at all! And also, is that going to be a 'bad record' next time I apply for a visa (probably H1)?

    What about the positive case? Can I have the 'O' visa during the 2 weeks I will still work in my current company under an L1 (I have to give my company 2 weeks notice before leaving) before moving jobs?

    I can't stop thinking the attorneys want the best for the company, that doesn't mean they want the best for me, so I am worried about the possibility they are applying for the visa on my behalf but not minding possible bad consequences for me if the visa is refused.

    Thanks so much for your help.
    Carlos



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  • chantu
    06-21 08:25 PM
    Please help.





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  • krishnam70
    06-11 12:31 PM
    Hello everybody,

    I just got an RFE for I-485...they are asking about marriage certificate and birth certificate...when I applied for I-485, I sent marriage certificate and birth certificate ..why they are asking me again to send?

    And can you tell me please what to do with the following.......Uscis sent me too an envelope where to put my documents for RFE.......but the docs dont fit in the small envelope...is it ok if I put my docs in a different and bigger envelope?

    My PD is sept 2005 ROW.
    If someone faced the same situation please help me with some advice.

    Thanks in advance
    All the information you seek is available in the WIKI link below. Please spend some time and read it and if you still have any doubts you can ask them in the forum

    http://immigrationvoice.org/wiki/index.php/Request_For_Evidence

    - cheers
    kris



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  • sankari
    05-08 08:49 AM
    Hi
    My H1B visa end date is 30July2013(PED or expiration date in H1B visa stamp) and my I-94 end date is 10-Aug2013.But in I797B the end date is 30July2011. Can you please help me that i need to do my H1B visa extension within 30July2011?....please clarrify that visa validity depends on I94 or Visa end date or I797B end date....thanks





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  • sathishav
    02-09 10:26 AM
    Isn't it strange that even though Eb3-I PD Mar 04 is not current, they opened the file and sent RFE?

    My PD is Mar 2005/EB3 and I was sent an RFE in Jul 2009 since my Birth certificate has initials and not the full name.

    I read somewhere, because of the backlog, they do review the cases and in some cases even "approve" them. Once the visa number is available, GC will be issued for these cases.



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  • Jamie and Frank McCourt agreed



  • walking_dude
    02-14 03:55 PM
    I got a confirmation today that 2 more of my personal contacts have sent theirs.

    Flowers to USCIS earlier, Now...Love Letters to President. IV = Love :)





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  • dshahpatel
    03-11 01:17 PM
    I would like to get your opinion on current situation.

    Education: MS(Ind Engg), 5+ yrs exp.

    I have priority date of Oct -2007(applied for labor under EB3). Got approved I-140 in Feb 2008( EB3 category). I got promoted to next level so requested to apply for labor once again in EB2 category in Feb 2009 and got approved labor in Feb 2010.

    Is there a provision to amend labor and include previously approved I-140? Or Do I have to apply I-140 once again? and my priority date would be Feb 2009?

    Dhiren



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  • Frank McCourt, author of



  • coollife
    03-04 12:21 PM
    I have my H1 filed in 2008. Due to the market situation, I didn't go for H1 stamping and was never active on H1 so far. I entered US in March 2009 on H4. Now I got a project and want to go for the H4->H1 COS.

    I would like to know the steps/process for H4 -> H1 COS.

    I know my employer is the best person to answer this. But, the problem is whenever I ask any details, he always tries to abstract the info.

    If there are sequence of steps, after which step one is authorized to work? I tried getting the info online, but couldn't . If any of you can give me a pointer or explain the process in detail, it would be very great and helpful.

    My employer has applied for LCA. He says that he would initiate the COS process as soon as he gets the LCA. And my employer says that I can start working as soon as he files for COS and no need to wait for the approval. I want to make sure that I don't run into any legal issues. Once the employer has initiated the COS process, is there a way one can track the status and also to verify the status after the completion of the process.

    Also, please let me know how much it would cost for normal and premium processing and also the time lines for the normal and premium processing.

    Sorry for too many questions. But, please please do help!!!

    Thanks a ton in advance!!





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  • jcrajput
    05-11 09:16 AM
    My I-485 is pending and priority date is OCT 2006. We have EAD which expires in DEC 2010. I also have H1B visa which expires on JUN 2010 (After 3 years of extension after I-140 approval.) My question is:

    1. Is it worth having H1B visa extended just in-case? Will extending H1B visa cause any problems with pending I-485?

    I appriciate yr help.

    Thanks
    Jig.



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  • willIWill
    05-18 05:43 PM
    bump





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  • Lisap
    09-07 01:14 PM
    Anyone????



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  • wandmaker
    11-05 01:28 PM
    Hi guys,

    My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(

    I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.

    My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:


    Thanks for you responses.

    Your H1B LCA denial will not have negative impacts on your GC. To keep the records clean, fill out a new I-9 form and submit to HR.





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  • kondur_007
    08-11 08:53 PM
    As per Spet 2009 visa bulletin, my PD will be current . I recently moved to LA due to Job change . If i do AC 21, do you think i will miss a oppurtunity of getting GC in spet since my PD is OCT 2004.

    Please advise. Should i do AC21 now ? Or Should i do only on RFE?

    Another question. I still have permanent address in chicago but moved to LA. Do i need to do AC11 form?

    Nik

    I would advise not to file anything at this point (in your situation). Hang tight and wait.

    Good Luck.



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  • Waitingnvain
    05-12 04:45 PM
    Are there any risks of going for visa stamping with a 3 year H-1B after the approval of I-140.





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  • Robert Kumar
    03-02 11:14 AM
    Hi,

    Previously worked in a Supply integration company A, and EB3 job desc shows role as a consultant "responsible for ERP implementaiton with some programming experience".
    In that role later, Lets say I've performed Network and Systems Administration ALSO.
    So I have a mix of all skills at the end of 10 years in the company.

    Now if I get an opportunity from a company B that needs experience in Network Administration and some pre-sales (internal to the company),

    1. Will I qualify to do the job and be under "same or similar category" to be AC21 compliant.
    2. Can Company B file an EB2 and use porting of date.

    Please advise
    Bobby,





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  • vikramy
    02-15 10:22 AM
    Will see how it works out for me





    pandu_hawaldar
    07-06 09:16 AM
    Hi,

    My wife's AP is expiring in mid of October 2010. I am going to apply for her new AP before she travels to India in the 3rd week of July. Is there any issue if she comes back with the new AP? As the renewed AP will be received while she is in India. She will leave with her existing AP and enter back (lets say in Nov 2010) with newly renewed AP.

    Please guide.





    onemorecame
    07-18 11:48 AM
    I am in a complicated situation...

    Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.

    So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?

    I have one question that whether you can file 2 I-485 or not?



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