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Thursday, June 9, 2011

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  • stones
    07-08 05:33 PM
    Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.


    In my Internationa office ther gave me this email

    # On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
    # 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
    # On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
    # On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.

    Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
    make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
    you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
    we recommend that you speak with an immigration attorney immediately to review your options.

    I have attached a list of recommended immigration attorneys.

    If one of the recommended immigration attorneys provides information in regard to your situation that would be
    helpful in our response to the second RFE. Please forward all information by July 20th.

    Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
    H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
    where you will obtain your visa at so we can provide USCIS with this information.





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  • cygent
    07-03 07:24 PM
    I wanted to share this with all of you. This is my attorney & friends (who is American) thoughtful response to a thread below :-

    ************************************************** *********

    Donna:

    What is the source of your facts about immigrants?? Immigrants also pay A LOT into the
    system

    MOST "IMMIGRANTS" AS YOU SO LOVINGLY CALL US, ARE LAWFULLY IN
    THE UNITED STATES (BELIEVE IT OR NOT!!!) AND THEY ALL WORK A LOT
    HARDER THAN MANY AMERICANS ARE WILLING TO WORK!!!!

    MANY MANY THOUSANDS OF DOLLARS ARE PAID INTO THE SYSTEM BY
    THEM EACH YEAR. THOSE HERE ILLEGALLY NEVER HAD, AND NEVER WILL
    HAVE THE RIGHT, TO GET ANY OF THE MONEY BADK - EVEN WHEN THEY
    HAVE REFUNDS DUE THEM. THE IRS JUST K E E P S IT F O R E V E R AND
    IT, HOPEFULLY, GOES TO AMERICANS WHO ARE NOT IMMIGRANTS!!!

    GREEN CARD HOLDERS (ALSO "IMMIGRANTS") HAVE WORKED HARDER THAN
    AMERICANS DO - AS I MENTIONED AND THEY ARE CLEARLY ENTITLED TO GET
    THE BENEFITS THEY HAVE EARNED.

    DO YOU FOR ONE MOMENT THINK THAT THE SSA WILL GIVE THE ILLEGAL
    IMMIGRANT ANY SOCIAL SECURITY?!!????

    NEVER HAPPEN - NEVER HAS HAPPENED!!!! IF THEY FALSIFY INFO TO ANY
    GOVERNMENT AGENCY - THEY WILL NECESSARILY GET CAUGHT GO STRAIGHT
    TO FEDERAL PRISON FOR AT LEAST 2 YEARS AND THEN GET DEPORED. THIS HAS
    BEEN THE LAW FOR DECADES AND IT IS ENFORCED!!!!

    EVEN THE LEGAL IMMIGRANTS HAVE TO BE CAREFUL ABOUT GETTING THE
    SSA THAT IS DUE THEM. THEY GET CHEATED BY THE SSA EVEN MORE THAN
    US CITIZENS DO IN THE NORMAL COURSE OF SSA DAILY STEALING OPERATIONS
    - IF THEY LEAVE THE COUNTRY FOR TOO LONG (FOR EXAMPLE IF A PARENT GETS
    SICK AND THEY HAVE TO GO AND TAKE CARE) THEY JUST L O O S E ALL
    THEIR BENEFITS PERMANENTLY - EVEN THOUGH THEY MAY HAVE BEEN BEEN
    HERE AND WORKED FOR MORE YEARS THAN MOST AMERICANS DO. THIS
    KIND OF DISCRIMINATORY CONDUCT BY GOVERNMENT AGAINST LAWEUL
    PERMANENT RESIDENTS HAVE CONSISTENTLY BEEN HELD TO BE CONSTITUTIONAL
    BY THE SUPREME COURT EVEN EVEN THOUGH IT IS CLEARLY UNFAIR. THESE
    BENEFITS CAN BE REFUSED VERY EASILY FOR THE LEGAL RESIDENTS WHO
    WORKED HAS DOUBLE AND TRIPLE JOBS FOR FIFTY OR MORE YEARS.

    WHO BENEFITS FROM THIS? YOU GIVE THE ANSWER!!!

    LIGHTEN UP AND LEARN THE REAL FACTS.

    ALL IMMIGRANTS ARE NOT ILLEGAL. IN FACT, MOST IMMIGRANTS ARE
    LEGAL AND WORK THREE AND FOUR JOBS - DO YOU WANT TO WORK SO
    HARD?? HE..- NO!!!!!

    PASS THIS ON TO ALL THE PEOPLE YOU KNOW SO THAT THEY CAN BE
    EDUCATED ABOUT ANOTHER MORE FACTUAL ASPECT OF THE MATTER.

    THANK YOU, DONNA.

    xoxoxo

    ----- Original Message -----
    From: Donna xoxoxo
    To: xoxoxo@yahoo.com
    Sent: 7/2/2009 5:16:27 PM
    Subject: Social Security Insult

    This is an insult and a kick in the butt to all of us...
    Get mad and pass it on - I don't know how, but maybe some good
    will come of this travesty.

    If the immigrant is over 65, they can apply for SSI and Medicaid and get
    more than a woman on Social Security, who worked from 1944 until 2004.
    She is only getting $791 per month because she was born in 1924 and
    there's a 'catch 22'.

    It is interesting that the federal government provides a single refugee
    with a monthly allowance of $1,890. Each can also obtain an
    additional $580 in social assistance, for a total of $2,470 a month.

    This compares to a single pensioner, who after contributing to
    the growth and development of America for 40 to 50 years, can only
    receive a monthly maximum of $1,012 in old age pension and
    Guaranteed Income Supplement.

    Maybe our pensioners should apply as refugees!

    Consider sending this to all your American friends, so we can all be
    ticked off and maybe get the refugees cut back to $1,012 and the
    pensioners up to $2,470. Then we can enjoy some of the money we were
    forced to submit to the Government over the last 40 or 50 or 60 years.

    Please forward to every American to expose what our elected politicians
    have been doing over the past 11 years - to the over-taxed American.

    SEND THIS TO EVERY AMERICAN TAXPAYER YOU KNOW





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  • solaris27
    12-07 08:53 AM
    you can get 3 years extesion
    change this lawer , he do't kow aything or trying to save company money .





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  • nozerd
    03-26 02:30 PM
    More than Salary its location which matters.

    50K in MS = 60K in TX = 80 K in CA = 90K NYC



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  • freddy22
    04-25 02:32 PM
    Thats why If you dont want to live here, move out. Why are you yelling here.

    First control your son for his stupid behaviour. Then start talking about america.

    I looked into all your old posts. See your son is involved in how many felonies

    1 felony on record;

    no FELONIES...
    and remember this DUFUS it was US from England that discovered YOUR country...not AMERICANS
    So stuff that where it needs to be stuffed





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  • SunnySurya
    06-13 10:33 AM
    Deleted
    Hi All,

    We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?

    Please help us with any suggestions.

    Thanking you all.



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  • MrWaitingGC
    06-23 09:00 PM
    My priority date is EB2 Dec 2003 and I can file my 485 in June.However my spouse who is on vacation will be returning back to US on Mid July.

    Considering the huge load of application that will be filed by the beginning of July , is it wise to:

    1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or

    2)Wait for for spouse to return and file together on the 3rd week of July.

    Does the time gap of a couple of weeks make a huge difference in the processing of my application.

    any insights please....


    If your case approves in a day your wife will be out of status. I am pretty sure this will not happen. But wait for her to come and apply so that it will be safe.





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  • bestia
    07-17 03:22 AM
    So it means that if I-140 petition is filed on my behalf, if I renew my non-immigrant visa, it would be denied?

    It COULD be denied or could be approved. The law is vague and consular officers have full right to approve or deny anything, they are not USCIS employees, and even US president can't order them.

    I have played DV lottery for many years (never won as you can guess). Embassy instructed that it is immigrant intent and we should have marked "yes". So, I marked "yes" - and got my B1 without any problem.



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  • jtad
    07-25 04:53 PM
    This idea is ridiculous. Blood donation is a sign of protest????? If you think giving blood is so bad and you want to protest in that way, you will not gain sympathy.

    THIS IS A BAD IDEA FOR A PROTEST!

    Saying that the idea is rediculous is what is ridiculous. Respect others way of thinking, agreeing or disagreeing is different. Criticize polietly...
    Where did you get the idea that to protest means to do something "bad"?...





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  • miceelf88
    10-09 05:22 PM
    somehow double posted. My apologies



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  • vicks_don
    01-23 08:22 AM
    You guys are great Leaders...





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  • dilbert_cal
    06-24 09:28 PM
    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you

    Incorrect tax return will not necessarily impact your 485 application.

    But knowingly filing an incorrect tax return may result in substantial fine if IRS figures it out. They do not have to necessarily find it this year - I believe an audit can be triggered anytime uptil about 7 years.

    Saving 5000 dollars or so with an incorrect tax return is good if you can live in the fear of future audit for the next seven years.

    The reason I stated "knowingly" filing an incorrect tax return is based on your statements. Clearly at this point you know your tax returns were wrong but because of penalty that you may have to pay, you dont want to amend it. Sure, if you are lucky , nothing will happen to you but thats not a chance I would like to take. Just my 2 cents.



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  • skd
    08-15 10:47 AM
    Don't Worry, I have been there 3 Times. Since I my start of GC process with the currents company, It has been acquired 3 times , So I am pro in that situation :)

    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.





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  • sk.aggarwal
    04-07 09:37 AM
    I depends on you, how much risk you want to take ... I can tell what happened with me ....

    Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.

    I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself



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  • wandmaker
    10-22 11:42 PM
    Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.

    (Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).

    he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)





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  • julsun
    09-27 11:30 AM
    Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?

    I had sent one combined cheque for EAD. My company had sent a seperate cheque for 485. I just sw my EAD cheque encashed today and it has two LIN numbers (I presume one for me and one for my wife). Not sure about 485 cheques since my company had sent them.

    Thanks



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  • RSM1444
    05-06 11:38 PM
    I am also in the same scenario. Any info will be appreciated.





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  • maddipati1
    02-04 05:48 PM
    i have applied for AP 3 months back for myself (primary) and my wife. we got wife's AP 3 weeks back. not even LUD on mine. so i faxed expedite request on Jan26th.

    Got a letter 2 days back saying,
    ' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.

    they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.

    they also enclosed an bright orange letter for expedite proc and asked me to place on top.
    the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
    im guessing in the pile of apps, they couldnt fetch mine :-(

    i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.

    to top all this, yesterday there was soft LUD on my case and again another one today.
    so i am guessing they located my application and started working on it.

    i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.

    while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.





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  • pooja_34
    10-17 07:32 PM
    The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.

    My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.


    Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?





    hi_mkg
    05-07 08:49 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg





    mk6
    07-17 07:05 PM
    Thanks for your list. So it seems we can do it without attorney help. I am not sure what my attorney is doing its been a month since he had all the papers and fee. I am going to try filing myself:mad: