Sunday, June 12, 2011

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  • rickys_in
    06-02 01:08 PM
    We have couple of threads covering it.
    1. Copy of I485
    2. Copy of both side of EAD (and for faster processing, upper part of mailer, in which EAD came)
    3. Copy of Passport Photo page and last Visa Page (Serves as federal id)
    4. Copy of DL (other id)
    5. EAD filing receipt copy

    In one or two business days, you may be able to see on line status and LUDs. Soon you should be receiving paper receipt followed by FP notice.

    In case of E-Filing the EAD ,
    1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
    Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.

    2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.

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  • perm2gc
    05-22 01:30 PM
    OK, my bad for getting the name of the lobbying firm wrong. The moderator is free to change the name of the thread.

    Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?

    Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.

    As I said, it just would be interesting to know ... ...

    But if no one else finds it interesting, ignore this thread. Don't reply to it.

    Please stop thinking about what our lobby firm will do.

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  • edaltsis
    07-26 10:57 PM
    You can apply for a PCC from Regional Passport Office. I got mine for Rs.300/- at the Passport office in just 2 days and its very simple. If you want a PCC from Police Department its a big hassle in India, you can approach only the Superintendent/Commissioner's Office to request one. Mostly Police in India demand money for these kind of simple things, its nothing but "bribe" which I'm against.

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  • lonedesi
    06-04 01:56 PM
    I believe that if you travel after the expiration date on the visa stamped on your passport, you will need to go to the US consulate in India to get a multiple entry stamp to be able to return to the US. It is advisable that you don't travel unless you absolutely have to. You may want to renew your H1b and then go for the stamping. That way, you will have the stamping valid for the next 3 years.
    You may want to consult your attorney before you travel, as this is my personal opinion.


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  • natrajs
    04-15 11:53 AM
    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?

    You can either mail the Tax return or put $0 for the wife's last year AGI and E file it

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  • senthil1
    03-03 05:35 PM
    Whatever your employer telling may be true. Most clients will take 60 to 120 days to clear invoice. If your employer promises to pay within 3 to 4 months you can wait for that and take action.

    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.


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  • indianabacklog
    10-29 02:58 PM

    A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.

    I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.

    Not sure if anything could be attached but at least if this bill were to be approved and enforced maybe the possibility of immigration reform might follow.

    In all instances we keep hearing that we have to close the border first from dozens of lawmakers then we can consider dealing with immigration laws.

    It remains to be seen if they are true to their word.

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  • franklin
    07-05 02:49 PM
    The other thing I don't understand is how come EB-1 and EB-2 which are current (for ROW) atleast can suddenly become U. See my reasoning above. It doesn't matter, the visa numbers were used up. EB3 ROW gobbled up the ROW quotient when retrogression was eased in May and June
    Did USCIS stop paying attention to EB-2 vs EB-3 classification? If you are talking about ROW, it doesn't matter. There were no backlogs in processing EB2
    How about country limits? Did USCIS give India more than 3K visas? I'd imagine so 7% of 140k is 9800
    Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June? Now that is a good question
    See answers in purple


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  • nozerd
    04-09 12:11 PM
    Yes I have been in US since 1991. Here is my story.

    1991 1996 - Did Bachelors in US.

    1996 -1998 - Masters

    1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.

    Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.

    I wont really believe till I have card in my hand. Difficult to trust USCIS.

    If I remember right from your older post you are the one who was waiting for some 15-18 years right ? You deserve it. Congrats my friend and enjoy your life ahead.

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  • gsc999
    07-11 01:34 AM
    Lets take this offline. It will be a shame if we let this sour our success. Let the core team figure this out with USINPAC.

    We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
    This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.


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  • vxb2004
    07-23 06:50 PM
    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
    It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.

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  • Circus123
    10-06 09:02 PM


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    05-04 01:47 PM
    When the employe and employer are two different entity...why can not?

    I will have a very good employer- employe relationship...:D

    When you start your own company arent you the employer or part of the ownership and when you sponsor your H, arent you the employee too? Sorry if I am missing something here

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  • MerciesOfInjustices
    02-12 01:12 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!


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  • hoolahoous
    07-14 09:30 PM
    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?

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  • ksvreg
    09-25 02:18 PM
    April 2008?
    6months gone by and you are thinking of getting back/extension to h1b now?
    it's a long time to get back to h1b status. If it is expired, then EAD is our only option now.
    Your friends are right to be on h1b while 485 pending; If some thing unusual happens to ur pending 485, you are not thrown out of status. And that is when h1b will be help full.
    Just in case; see what your lawyer has to say.

    Thanks for the information. I did not understand the last of part of your response. If some unusual happens, how should I get on to H1B when my H1B expired in April 2008.


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  • texasguy
    06-15 08:58 AM
    Hi All,

    Will we run into any problems for GC replacement since we do not have a photocopy of our GCs? We have photocopies of the approval notices. We know our alien number and SRC numbers since they are the same as listed when we apply for 485. We are hoping to get our passport stamped after we get our passports.

    We are hoping to show our tax records as additional proof.

    Thanks for all your help.

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  • vxb2004
    07-27 10:20 AM
    I am in the same position too. A couple of days back I talked to my lawyer and she told me its ok and that she has never heard of anyone's case being rejected or getting a RFE jus because they dint write their name in the native language.
    One of friend's lawyer also said its not a big deal and if u r from India the USCIS wont bother abt it(dunno how true this is!)


    I sent out my application to USCIS last week and while talking to a friend I realized that I had not filled the Item

    "If your native alphabet is in other than Roman letters, write your name in your native alphabet below:"

    I neither filled it with my native alphabet nor filled it with a "N/A" Even my lawyer has not detected this.

    Is this going to be an issue? What will the USCIS do about it? Since I still have time does it make sense to send a revised form? Is some one out there who have done this?

    Please let me know


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  • chint001
    11-27 11:19 PM
    I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.

    I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.

    I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).

    Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
    I guess you are right, attorney is the best way to go about it.
    will post my out come here soon.
    Till then please post your comments or views here.

    Appreciate the responses!

    07-12 10:34 AM
    Barking dogs seldom bite. He is just another Lou Dobbs Please ignore him. There is no way he can change the right to cictizenship for children born in the USA. It is next to impossible since it is a part of the constitution. It is very difficult to change something that is linked to the constitution. So, ignore this "BARKING DOG."

    01-14 05:06 PM
    Hi All,

    I have a question and this is regarding my husband.
    We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.

    My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.

    My husband wants to join the Company (B), and keeps on working for the same client (C).

    Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.


    A lot of people want to do this and have done it in past. Depends on the relationship between A and B. B would definitely prefer to have you on rolls because no one likes to deal with additional layers. Look into contract issues and obligations before you make the leap.

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