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  • SSSarkar
    06-24 06:33 PM
    I am also applying 485 and my lawyer told me that the passport should be valid for atleast one year.

    Hello All,

    I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.

    I have two issues I am not sure about how to procced --

    1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?

    2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.

    Please let me know if you know anything about these questions. Appreciate all your responses.

    Thanks.




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  • rockstart
    01-15 12:54 PM
    I got mine in 3 months non premium processing for H1 extension (1st 3 years over so applied for second three years) same employer, same profile. So basically the most straight application you can put.




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  • ruchigup
    08-15 12:42 PM
    I am sorry to hear that....

    This below ruling doesn't apply in virginia but this might give you some pointers to fight in case your employer sues you.

    http://arstechnica.com/news.ars/post/20080808-california-supreme-court-strikes-down-noncompete-clauses.html




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  • Raj_2009
    12-16 06:25 PM
    Dear Yaja,

    Thanks for your detailed response and i see that there is a valid point in yours.

    Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?

    Thanks in anticipation.

    Regards,
    Raj



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  • VisaHelp
    07-26 01:51 AM
    Okay, I applied for an H1 transfer late June 2006 on my own. Started at new job after receipt. Late August went on maternity leave. Came back to work in December. During maternity leave, my application was sent back due to wrong fee and no LCA (I didn't use a lawyer and was given somewhat bad advice.) By the time I did a re-application for transfer it was April 2007 (with the help of lawyers, this time). My H1 expired (6 years) near the end of June. But I was told I was okay as long as I was pending. Mid-July got a request for evidence with a date of September 20th being the latest date I can send in the evidence...pay stubs, tax returns, etc.

    1. Am I currently out of status or okay because of the RFE?
    2. If I apply for F-1 status now (thinking of a second Masters or PhD) will I need to send in the evidence for the H1B before that or will that not matter? It will take me a while to get all of the evidence, but I don't have time to wait in regards to getting the F-1 for school this Fall.

    My lawyers suggested leaving the country, but I am fearful of that? Any suggestions, answers, advice?

    Thanks.




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  • chanukya
    07-17 05:48 PM
    Check this out.

    http://www.murthy.com/uscis_update.pdf



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  • waiting4gc02
    11-16 10:34 AM
    Is it required to inform USCIS after you change jobs after 180 days using
    AC21?

    Is it safe to say that if your GC applying company does NOT revoke I-140 after you change jobs, that you are OK not to tell USCIS about your change ?

    Thoughts???




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  • Puncher
    May 20th, 2005, 10:53 AM
    It looks like the picture is quite severely overexposed. Since you have a bright moon on a black background, depending on the relative sizes of the moon and background, the exact focusing point and how the metering works you'll easily end up with an overexposed moon (due to the dark background).
    As an alternative , spotmeter the moon to figure out the exposure and/or use the histogram.



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  • prasadn
    10-07 07:31 PM
    My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.




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  • m1801b
    09-10 01:28 AM
    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can�t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?



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  • GCVivek
    01-28 05:57 PM
    Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)




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  • salai007
    07-17 06:09 PM
    Thanks to Rep Lofgren.

    I will be sending a Thank card to her soon.



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  • bfadlia
    07-19 02:20 PM
    my wife is pregnant and we told the civil surgeon she tested +ve in the TB test two years ago. He decided he'll indicate that in his report and he won't ask her to do the TB test, x-rays and some vaccinations, said we can do them after she gives birth and USCIS will have no problem with that.

    Is he being optimistic / interpretting rules loosely?

    Thanks.




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  • rajev_kk
    06-19 09:14 PM
    Hello,

    Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!



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  • logiclife
    08-21 06:07 PM
    Some people have said that employers will never agree to employee hiring their own lawyers if they are already having a company retained lawyer that they are using for all employees.

    While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.

    For this, there are 2 solutions:

    1. If you are already with this employer:

    If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.

    You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.

    2. If you plan on joining an untrustworthy employer in future:

    When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.




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  • psam
    10-21 01:13 AM
    . if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    I don't think you will get in trouble with IRS. Because your W2 will have less salary stated. However for H1-B purpose, you salary will drop from what was probably stated on your H1-B application. No one is going to notice this. But just don't do this, when your H1-B stamping or renewal is near, so that you will have full salary mentioned in your recent paystubs.

    --I am PC. Not an attorney or tax consultant :)



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  • walking_dude
    08-02 10:53 AM
    Thanks Santb1975, Natrajs. Sanju, that's a dangerous proposition... I might kiss you back :).

    Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.

    Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.




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  • Administrator2
    03-25 10:32 AM
    Hi antony,

    Sorry to hear that. Could you please email us (info@immigrationvoice.org) a number to reach you.

    Is there something that another member on the forum can do to help antony?

    Thank you for speaking up for yourself and the community.



    I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
    They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
    Really sad that I cant join their team.
    I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?




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  • nashorn
    08-12 03:02 PM
    They are still processing application received on July 2nd now. I bet none of the application received on July 3rd and later has not been opened yet. So they are safe.

    Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".




    samcam
    05-19 10:48 AM
    Welcome to our newest member jmehta..

    3868 and counting!!




    garybanz
    10-23 06:17 PM
    I'll be in a conference in SFO and can't make it to diwali mela myself, but I'll like to sponsor an Immigration Voice TX t-shirt to who ever donates maximum time to the IV booth*.

    I'll let Needhelp decide who the winner is.

    * Restrictions apply, core team not eligible



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