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  • slammer
    05-14 12:28 PM
    We are also stuck in CP. We live in Canada since a couple of years (we're not Canadians) and are just waiting until we can finally move to the US. We are so frustrated that we decided to apply for an H-1B this year together with our GC-sponsor/employer.
    Yes, it's true that CP usually is the faster route - when you compare the processing time between AOS and CP. But I think CP has the great disadvantage that you cannot apply for EAD. I'm no fan of CP but there's nothing else you can do if you live outside the US when you apply for the GC.





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  • Rolling_Flood
    09-22 09:33 PM
    bump

    Anyone got a generic response to an I-485 Service Request that "your case is awaiting standard security checks required for everyone who applies for this immigration benefit"?

    More importantly, did anyone get an approval for their I-485 after being stuck in such a check?

    Thanks much.





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  • lostinbeta
    10-21 03:48 AM
    Seems like I am making you regurgitate some old memories. I don't know if that is good or bad.

    What did you mean by "that was right before the end" if you don't mind me asking.





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  • usgc07
    02-17 11:01 PM
    Hi,
    I have a question.

    An applicant has an Indian Bsc degree + 3years specific industry experience+training . The applicant is in Final Sem MBA. Will the applicant qualify for H1B this year. The MBA is slated to cpmlete in August this year.

    Gurus , please advise.

    Thanks
    USGC07



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  • ndbhatt
    07-24 12:08 PM
    Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?





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  • abracadabra102
    08-14 04:46 PM
    Just for a change in topic, do you guys to know good Life insurance company who do not show prejudice between greencard holder and H-1B Holder.
    I just got life insurance through select quote, west coast which coast only 22$ for � million insurance rejected me stating that there is a difference rate of green card holder and Alien.

    I got through Prudential which is costing me 50$.


    Any experience with you folks

    That makes sense. A typical H1B has more things to worry about (maintaining status, keeping job, GC, dealing with rogue employers, attorneys, physicians...) and lower life expectancy :D



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  • shana04
    08-09 12:55 PM
    1. How do you know that we are not approving 2004 cases? Just that you didn't got your approval doesn't mean that we are not approving 2004 cases.

    2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.

    3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.

    4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.

    5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.

    6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.

    7. Oops... we sorted all cases that can be approved, by descending order. Sorry!

    8. Time and again we want to approve that we can do anything we want.

    9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.

    10. Yikes! Dog ate all 2004 cases.

    11. Ding, these 2003, 2004 and Early 2005 boxes are under these 2006 boxes that we are too lazy to pick them up.





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  • InTheMoment
    03-23 03:40 PM
    You can give your OPT A# but once you're assigned a permanent visa number, they'll give you a different number. Your OPT A# is just a temporary number.

    I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.

    A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.

    USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.

    Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.



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  • factoryman
    06-19 12:57 PM
    Yes, on stamp paper. . What will you ask next? A format for affidavit. Why pal, why are you doing this to me? What did I do? Why did you start another thread?


    Here it is:

    Sample Affidavit of Birth for Parents

    AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)

    Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))

    We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:


    Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

    That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].

    That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].

    We married on [date of marriage] in the city of [name of city], [country].

    We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
    a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and

    b. [list all of the other children, if applicable].


    [Child's First Name] [Child's Last Name] was born in [name of city], [country].

    This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].

    We declare under penalty of perjury, that the foregoing is a true and correct statement.

    _________________________
    [Father's First Name] [Father's Last Name] and signature

    _________________________
    [Mother's First Name] [Mother's Last Name] and signature

    Subscribed and Sworn to before
    Me, this ____ day of __________,
    [YEAR] at ______________________.




    Sample Affidavit of Birth for Close Relative



    AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]

    Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))

    I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:


    That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].

    My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

    That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]

    That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].

    That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].

    That I have known the applicant since [month/year].

    This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
    I declare under penalty of perjury, that the foregoing is a true and correct statement.

    _________________________
    [Close Relative's First Name] [Close Relative's Last Name] and signature



    Subscribed and Sworn to before
    Me, this ____ day of __________,
    [YEAR] at ______________________.





    Here is another version:
    SAMPLE AFFIDAVIT OF BIRTH

    Preliminary Instructions:

    -Please keep in mind that the Beneficiary is the person whose birth is being proven (i.e. the person who has filed or will be filing an I-485).
    -The Affiant is the person who affirming that the birth did occur and is the person who will be signing this document. The Affiant should have been an adult (over 18 years of age) at the time that the event (e.g. Birth) occurred.
    -You should spell out all dates. You should never list the dates with just numbers. For instance, you should list “March 1, 1970”, not 3-1-70 or 1-3-70.
    -The Affidavit ought to be certified or notarized.


    AFFIDAVIT OF __________________ (Affiant's Name)


    I, ____________________, a citizen of _____________ and currently
    residing in __________ do hereby
    State that the following is true and accurate to the best of my knowledge:
    1. I am the _________ of ___________ (Identify the Relationship, e.g. “I am the Grandfather of Mr. Beneficiary”)
    2. I was born on __________ (List Affiant's date of Birth. This will prove that the Affiant was an adult at the time that the event took place) in ____________ (list city, country) and I know of his/her birth because of my relationship to him/her.
    3. In ______________ (Month/Year) I was living in ________________ (Town where Beneficiary was Born)
    4. __________________(Beneficiary) was born on ___________________ in _________________ and I know of his/her birth because of my relationship to him/her.
    5. ______________________(Beneficiary) was born to _____________________________(Father's
    name) and _____________________ (Mother's name).
    Note: Choose either Number 6a or 6b below depending upon whichever is relevant to your case.
    6a. I hereby attest to the fact that birth records for individuals born during this time are difficult if not impossible to obtain and that a birth certificate was not issued to ___________ (Beneficiary) on his/her birth.
    6b. I hereby certify that the birth certificate for ______________(Beneficiary) does not mention his/her name because it was not customary at that time to include the child's name on the birth certificate.

    Dated: ________________________
    __________________________________
    (Affiant's Name)

    Sworn to and signed before me this ____________ day of ____________, _______________. (List Month and Year)

    ______________________________
    Certifying Official/Notary Public



    NOW DO YOU WANT THE GUIDELINES FORM THE FOREIGN MANUAL, that I posted in another big thread.


    Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.

    Thanks.





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  • immi_enthu
    08-10 01:28 PM
    I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
    What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice


    same thing happened to me.



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  • anu_t
    06-18 11:30 AM
    I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
    There might be a little problem if the 140 is revoked. But you can certainly try.





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  • sledge_hammer
    07-11 02:06 PM
    Jakub (glus),

    Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.

    http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350

    Funny? See below:

    http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432

    The message was IV template...

    Glus



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  • amsgc
    06-15 12:08 AM
    Hi,

    After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?

    Will we need to file for H4?

    Thanks,

    Ams





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  • prstudio
    04-28 09:54 PM
    i liked iron's treads



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  • gimme_GC2006
    01-05 11:22 AM
    any predictions for Feb 2009 :D:D





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  • roseball
    05-04 04:34 PM
    Hi Guys

    Please read before giving your opinions: as per memo not my words:


    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien’s application for an immigrant visa or for adjustment of status.

    The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.



    See links below for more data
    http://ac21portability.com/modules/wflinks/

    AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.



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  • gc_chahiye
    07-19 01:55 AM
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-4.html

    Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?

    There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.





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  • ssksubash
    11-12 03:10 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.





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  • Lucky7
    12-05 06:46 AM
    Felix look at my post L C 2001 Analysts Review and you shall see how a MOFO attorney can ruin a very promising career.
    If i could find my ex attorney he would beg to die.





    bestofall
    03-24 10:41 AM
    Rights and Responsibilities of H-1B Holders
    http://hyderabad.usconsulate.gov/h1b.html

    Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker

    The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

    You have the following rights as an H-1B worker:

    You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
    You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
    You must receive the same fringe benefits on the same basis as offered to American employees.
    Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
    You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
    You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
    Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
    Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
    You have the following responsibilities as an H-1B worker:

    You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
    You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
    If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
    You may not enter the United States more than 10 days prior to the petition validity date.
    You must follow U.S. laws and regulations while in the United States.
    Your spouse and other H-4 dependents may not work while in the United States.


    If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.





    drsnh123
    06-20 07:48 AM
    thanks for the reply guys. if some more people can give their opinions , that will be gr8
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote