Saturday, June 25, 2011

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  • snathan
    03-29 11:38 AM
    Thanks all.
    I did send the ITIN application and tax return documents together. I have called IRS multiple times, but they could not confirm anything about the status of ITIN processing. All they say is it is their peak time and I should wait up to 8 weeks to see if I get the ITIN letter :mad:. I have no idea what to do in case I don't get the ITIN letter within that timeframe :confused:.

    You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.




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  • Prasad_FL
    08-06 04:29 PM
    Hi Pals,
    Let us exchange the info so that we can contact each other and plan things. My phone no is 954 431 5281. If you do not want post ur info, you can send private messages to exchange the info.
    Thanks,
    Prasad.




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  • greeta
    04-21 01:20 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta




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  • arihant
    12-02 10:54 AM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.

    Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.



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  • krishmunn
    03-27 10:04 AM
    I seriously doubt the genuinity of this poster. No authority will hold a valid passport of a foreign country, no country will allow to let one in with a copy of passport heck the airline will not even allow to board without a passport.
    This guy may be here just to play some scare tactics.




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  • gcadream
    02-24 03:38 PM
    Hi Sakthisagar,

    So this time when you are going to apply in April for ur H1 extn, you will again be paying for H1 extn fees and H4 extn in case you have dependents ?

    Also one can file for H1 extn 1 week before his current H1 expiry date right ? without premium processing ?



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  • ameryki
    02-29 01:50 PM
    Receipts usually sends to Attorney, who represent your case, if you signed G-28 form. You only get Notice for FP, Original EAD, AP. So don't worry abt the receipt. It should be with your attroney.

    What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?




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  • anindya1234
    06-01 02:39 PM
    I dont know about others but for me stuck with the same compay for 5 years. I really want to move on !!


    Everybody has the same problem buddy



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  • ns007
    06-15 11:13 AM
    3yr.

    1yr extension rule kicks-in after 6yr.


    What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?




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  • spicy_guy
    04-08 04:58 PM
    I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)

    Krupa

    See how bad EB3 I shape is...

    7,100 until 2002 Dec. That means, 2.5+ years before it hits Jan 1, 2003.
    What about the people with PD > 2005. 33,400 / 2800 per year. 11+ years. :)

    Retire!



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  • sbeyyala
    07-14 01:37 PM
    I have a similar issue, Applied for a EAD that is expiring in Sep08 on June10th08, Got EAD approved from NSC on July7th and saw that the new EAD Card is valid from 01/01/08 to 01/01/09, so in effect its extended by 4 months.

    Planning to call NSC to see what I can do,




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  • crystal
    03-06 02:31 PM
    No they wont send receipt notices for correction. They would send receipt only for filings for which you paid fee and new applications

    do they normally send a receipt notice for the new 765 application that you file to correct EAD error...?

    i.e. if we do not receive a RECEIPT NOTICE in like 2 -3 months- should we follow up by Infopass or Calling 1800 number? OR just wait!!! for 4 months to end and then call and infopass



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  • don_don
    06-25 08:43 AM
    If I were you, I would wait till it is 1st of July. What if they reject it,,u loose more time than saving!




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  • kirupa
    03-27 01:30 AM
    gesfox - added :)



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  • manderson
    09-19 08:06 AM
    If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a development. The immigrants in question were highly skilled � the programmers and doctors and investment analysts that American business seeks out through so-called H-1B visas, and who are eligible for tens of thousands of "green cards," or permanent work permits, each year. But bureaucracy and an affirmative-action-style system of national-origin quotas have created a mess. India and China account for almost 40 percent of the world's population, yet neither can claim much more than 7 percent of the green cards. Hence a half-million-person backlog and a new political pressure group, which calls itself Immigration Voice.

    The group's efforts will be a test of the commonly expressed view that Americans are not opposed to immigration, only to illegal immigration. Immigration Voice represents the kind of immigrants whose economic contributions are obvious. It is not a coincidence that the land of the H-1B is also the land of the iPod. Such immigrants are not "cutting in line" � they're petitioning for pre-job documentation, not for post-job amnesty. And people who have undergone 18 years of schooling to learn how to manipulate advanced technology come pre-Americanized, in a way that agricultural workers may not.

    But Immigration Voice could still wind up crying in the wilderness. As the Boston College political scientist Peter Skerry has noted, many of the things that bug people about undocumented workers are also true of documented ones. Legal immigrants, too, increase crowding, compete for jobs and government services and create an atmosphere of transience and disruption. Indeed, it may be harder for foreign-born engineers to win the same grip on the sympathies of native-born Americans that undocumented farm laborers and political refugees have. Skilled immigrants can't be understood through the usual paradigms of victimhood.

    The economists Philip Martin, Manolo Abella and Christiane Kuptsch noted in a recent book, "As a general rule, the more difficult it is to migrate from one country to another, the higher the percentage of professionals among the migrants from that country." Often this means that the more "backward" the country, the more "sophisticated" the immigrants it supplies. Sixty percent of the Egyptians, Ghanaians and South Africans in the U.S. � and 75 percent of Indians � have more than 13 years of schooling. Their home countries are not educational powerhouses, yet as individuals, they are more highly educated than a great many of the Americans they live among. (This poses an interesting problem for Immigration Voice, which polices its Web forums for condescending remarks toward manual laborers.)

    So how are we supposed to address the special needs of this class of migrant? For the most part, we don't. The differences between skilled and unskilled immigrants are important, but that doesn't mean that they are always readily comprehensible either to politicians or to public opinion. When high-skilled immigrants who are already like us show themselves willing to become even more so, jumping every hoop to join us on a legal footing, it dissolves a lot of resistance. But it doesn't dissolve everything. It doesn't dissolve our sense that people like them are different and potentially even threatening.

    If we consider our own internal migration of recent decades, this will not surprise us. You would have expected that big movements of people between states � particularly from the North to the Sun Belt and from Pacific Coast cities to Rocky Mountain towns � would cause increasing uniformity and unanimity. But that didn't happen. Instead, this big migration has coincided with the much harped-on polarization between "red" and "blue" America.

    Georgians take up jobs on Wall Street and New Englanders unload their U-Hauls in Texas. The sky doesn't fall � but neither do cultural or political tensions between respective regions of the country. Consider the diatribes that followed the last election, in which "red" America stood accused of everything from ignorance and bloodlust to knee-jerk conformity. Or consider North Carolina. As the state filled up with new arrivals from such liberal states as New York and New Jersey, political pundits predicted the demise of its longtime ultraconservative senator Jesse Helms. But Helms won elections until he retired in 2002, largely because many of those transplants voted for him enthusiastically. The sort of Yankees who moved to North Carolina had little trouble adopting the political outlook of their new neighbors. But you didn't notice North Carolinians begging for more of them.

    While Immigration Voice looks like an immigrant movement that Americans can rally behind, its prospects are mixed. A recent measure sponsored by Senator Arlen Specter of Pennsylvania to nearly double the number of H-1B visas was passed through committee, then killed and then revived. The fate of skilled immigrants hinges on public opinion, and that is hard to gauge. Even an employer delighted to sponsor an H-1B immigrant for a green card might have no particular political commitment to defending the program, or to wringing inefficiencies out of it. The arrival of skilled individuals arguably makes America a more American place. But not necessarily a more welcoming one. Christopher Caldwell is a contributing writer for the magazine.

    Copyright 2006 The New York Times Company. Reprinted from The New York Times Magazine of Sunday, May 6, 2006.




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  • yanj
    12-14 09:38 AM
    Now I am working for a company in OPT .
    have 24 days GAP.
    How can I do to solve it ?



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  • kprgroup
    08-03 12:57 PM
    Yes forwarded the copy to the lawyer this morning.I have an appointment with lawyer Friday morning regarding this..So for lawyer office didn't received anything from uscis.

    Here is my backround
    1)Worked for Company A from 2003 to 2008.
    2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
    3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 21st 2010).
    4)Employer A revoked 140 which triggered 485 denials in October 2008.
    5)Applied MTR and it was approved in NOVEMBER 2008 and 485 re-opened.

    This is the only major concern I have.Though I have approved MTR and 485 re-opened, but my online status of 485 still showing denied.

    My AP approved last month.......my wife EAD,AP approved last month.I am the primary..strange

    I know I have moderate control over this situation.Just having good faith & hope.This whole thing H1-B,DL,GC,EAD,AP & visa stamping ..etc what a pain for some people.Very sad.For uscis error(485 denial wrongly) I am not only lost money( closee to 5k) also lost "n" no of days of sleep back in 2008 and now :mad:

    Thanks
    KPR




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  • masti_Gai
    10-26 10:22 AM
    last year i applied for H1 transfer in the midweek of Oct-05 and got the approval on mid week of Feb-06. :cool:




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  • GCwaitforever
    06-08 05:04 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    Only after one of your PDs becomes current, the other can piggyback. May be you could try PERM and reapply old PD to the new one.




    for_gc
    04-27 04:55 PM
    First of all, no need to be so concerned. Also this is not unique situation.

    Just apply for I140 for the EB3 (the labor you just got approved).
    Once you get the EB3 I140 approved, you have 2 ways to port the PD:
    1. Wait for EB2 to be corrent for year 2003(for the PD of your EB3). when its current, apply the 485 with your EB2 I140 and a copy of the EB3 I140 requesting the PD tarnsfer. Basically, your lawyer need to keep a cover letter in very bold letters that your application uses the PD of 2003 based on the EB3 I140 (copy of which need to be attached).

    2. Send a request to the service center where your EB2 I140 is approved requesting to update your I140 approval notice with the new PD date. You need to send a copy of the EB3 I140.

    The option 1 is the most commonly used procedure. How ever, if the PD is not current, you may use option 2. The option 2 may take time and the lawyer should send the PD transfering details in case of an RFE.

    YOU NEED TO PROCEED WITH FILING THE I140 FOR THE EB3 AND WAIT FOR THE APPROVAL. THE PD CAN BE PORTED ONLY AFTER YOU GET THE EB3 I140 APPROVED.

    My main concern though is with the chances of approval of I140 with EB3 category LC since I already got I140 approved in higher category (EB2) with the same company.

    My company's lawyer said that since you already have I140 approved for EB2 category it is not possible or easy or risky (can't remember exactly what she said) to justify why we are going down from EB3 category to EB2 category.




    qualified_trash
    11-30 09:56 AM
    if you have an approved I140, you can get a 3 year H1 extension. Just make sure that your new employer does PERM + I140 ASAP and you can retain your PD.

    industry, job description, qualification etc., only come into the picture if a substitute labor is being considered.

    also, make sure you speak with a lawyer.



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