Friday, June 10, 2011

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  • dvb123
    03-01 10:40 AM
    Response to this per country limit query by lawyers

    RG: He mentioned that Hong Kong is treated as a separate country by statute. Other than that he says that there is no clear explanation why some dependencies are listed while others are not. He mentioned that political reasons may also be involved.

    RK: Acknowledges that he has not dealt with this issue before but suggested that only a lawsuit may help.


    Can IV core do something? It will provide a relief to some people atleast.




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  • amitjoey
    11-29 11:35 AM
    Pardon my ignorance, I am new to the Forum and saw this discussion. Waht is a LUD and how do i find out what is on my pending I-485 petition.

    Thanks

    LUD: Last update date: check status: input 485 Receipt no -on: http://www.uscis.gov/portal/site/uscis
    you will be able to see the last action on a case.
    You can also create a portfolio, save all your pending receipts under a username.




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  • roseball
    04-04 02:32 PM
    Thank you very much for your response. Yes we have received a 3yr extension (approval notice). in that case, I am assuming that we would have to go to the US embassy overseas to get H1B and H4 stamped on the passport opon returning back to the usa?

    Yes, you will have to go to the US embassy for Visa stamping and use it to re-enter US whenever you travel overseas the next time. Btw, I am assuming you got your H1 extension approval with a I-94 attached. If not, you will have to leave the US immediately and get a visa stamp and re-enter on H1 in order to maintain a valid H1 status and continue to work legally. If you got an I-94 attached with H1 extension approval, then you can continue to stay/work in US as long as your H1 extension is valid. You don't need a VISA stamp unless you travel overseas.




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  • GCEB2
    06-24 08:06 PM
    at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
    My question is
    1. if i send the I102 form how long will it take to get new I 94 card.

    2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.

    3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN



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  • gg_ny
    02-16 02:56 PM
    http://www.immigrationportal.com/archive/index.php/t-191393.html

    Please find answers to your question here. I forgot the actual pages from USCIS red book but a simple logic states that 485 background screening is atrociously longer than the one done after filing for H1B application. That means they are different (or ought to be).



    Am I understanding this right ?

    FOR H1/L1 They do a FBI background check

    FOR I-485/CP They do a Name Check

    Regarding long names, longer the better as told by my lawyer! I think they do a series of checks with: common variants, substring matches, binomial match etc. Hence (assuming you are from India) if you are (for eg.) Randy Kumar or Randy Krishnamurthysarma, you can take a guess which combination would be less common..
    This is intended in a not-so-serious sense as I dont have any insight or inside view of FBI functionings...


    Please someone clarify, I do have a loooong name just wanted to know what I am getting into here.




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  • Libra
    07-09 02:09 PM
    And many senior citizens die alone in their homes, nobody knows even after days....

    8 Million elderly americans live alone....

    p.s. sorry not a legal immigration issue



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  • kshitijnt
    03-07 12:49 AM
    Hi People,

    I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.

    I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.

    Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.

    Would appreciate a little insight here.

    Thx,
    M

    She is exempt. I renewed last year under new fees structure. I got my AP . For this year they did not even give me a receipt. So I am going to have to call USCIS.




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  • nousername
    02-27 07:14 PM
    I don't think so.. Back in 2002 I was in similar situation (f1 to h1) and to best of my knowledge I was only able to get part of my federal taxes back.. In fact I remember paying some additional state taxes at the end of the year.

    If I was on F1 full time for that accounting year then they would have given my taxes (not ssn or medicare) back but I switched to H1 and made more money, which pushed me into a different tax bracket.


    Hi Guys,

    I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.

    Will appreciate if u could help.



    Thank you in advance.



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  • tabaching
    10-22 12:43 AM
    Gurus pls help,

    Here's my situation.
    I'm a derivative and recently got an interview notice.

    1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).

    If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?

    2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?

    Please let me know your thoughts. Thanks




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  • Siddharta
    01-10 11:23 PM
    I have Canadian GC since 2.9 years ago. I have to move to Canada in the next 2-3 months in order to maintain it. Should I move? I have stable job in US. I mostly thought I would have received my US GC by now. Is there any legal implications if I don't move. Do I just have to mail my canadian GC back to canadian consultate?



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  • anilsal
    06-14 11:43 PM
    Can i travel out of the country after applying my 485 ,EAD and APO . My I 140 was already approved and I applied for 3 year H1B ext based on that petition ( bumped to premium this week ) .
    Any advise

    Thanks
    Adde

    You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.




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  • rajeshalex
    06-16 09:18 PM
    U can get an infopass and get the receipt number.
    Now for AC121 u need to have the job similar to the one mentioned in ur labor/perm. So u need that information in order to make sure the new job matches previous one.


    Rajesh



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  • bank_king2003
    03-12 12:35 PM
    We see lots of anger and frustration in this GC journey specially when a VB comes out.
    lets me ask myself and all of you these questions.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.

    If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?

    Thanks,




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  • ksrk
    01-07 12:44 PM
    I just got back on AP a few days ago. My AP was issued in Dec 08 with validity upto Dec 09. When we entered US in Jan 09, it was stamped with a parole dated Jan 2010exactly a year from the arrival date. I asked the officer as to what would be the actual expiration of the AP since there are 2 different dates (1 month apart in my case). The officer replied that if i had to leave the country again using the same AP then i would have to return back before the original expiration date of Dec 09.

    I have no idea why they would stamp a year from the date of entry when the validity is considered to be the original expiration date.

    Best would be for you to schedule a infopass and inquire to confirm.

    The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
    The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.

    Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.

    At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.



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  • rally
    07-12 11:16 AM
    But I definitely want to send Condi a letter reminding her of the contributions of the skilled legal immigrant community to the thriving US economy since ages.

    Its because of us skilled immigrants that economy is thriving. Even the US business leaders accept that. We have the skills to setup new companies and create new jobs for everyone.




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  • shilpianand
    11-03 01:32 PM
    Stop asking dumb questions over and over again janta.nath



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  • ss777
    12-17 02:15 PM
    Arrived at IAD POE with 5 days left on AP before expiry. No problems. You will get 1 full year from the date of entry on I-94 irrespective of expiration date on AP.




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  • immique
    04-15 10:26 AM
    I had the same problem a few years back and I believe you have to enter the total AGI(adjusted gross income) from last year's joint return even if your wife did not earn any income. As far as I remember, if you filed a joint return last year, that number will be the same for you and your wife. if you still have any doubt, you can call IRS or consult a tax professional




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  • immi_twinges
    07-09 07:42 AM
    Lets forward this link to DOL ??? How do we do that? Anyone?????????


    http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=75iiC9Gi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x

    the link is too big

    so, go to http://contact-us.state.gov/

    and find the option where u can email them.
    :o




    arnet
    09-20 11:54 PM
    now they are saying it as "Priority Appointment" and the link is available when you create the application. so get HDFC receipt which is valid for 1yr and create an application, fill DS-156/157, add your dependents if any and then you will see a page which has link "priority appointment".

    so now you can see this only after creating the application, vfs changed it. you can email vfs site for details.

    Disclaimer: I'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing constantly.

    Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..




    bomber
    07-25 12:26 PM
    I got an approval in March 2007 and status still says 'the notice that USCIS sent was returned as undeliverable". As I guess approval notice was sent to my employer's old address and so returned. My employer got address changed and sent request to Nebraska Service Centere to resent the documents, but documents not received yet. Still waiting.
    Thanks!


    You should act fast and call NSC ASAP to see why the notice was not resent. I hope this situation doesn't affect our I-485s sent on 2nd July when the I-140 was pending. (It was approved on 7/18)



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