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  • bluez25
    07-15 03:52 PM
    I got my PCC in San Francisco Indian Consulate last year assuming that I might get the appointment. but never happened until now. I am not sure that is still valid PCC. I might have to go to India and then apply for a new one from the local police station.





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  • srsrsr
    07-20 06:09 PM
    My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
    Any ideas when can be the date current again(for my PD atleast)?





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  • sobers
    07-14 03:10 PM
    alabaman

    lame duck period is after nov 2006 till jan 2007 when the 110th congress is sworn in.





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  • chessboard
    12-08 03:14 AM
    congratulation to all winner... especially to winner who use the "stargate" background and put the text only...

    nice contest.....



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  • mayhemt
    09-20 11:00 PM
    If it is philosophical question, then it is something which takes away couple of years of life of some of those people born in India and China (wait and wait and wait and ...), who want to have it. In return it frees them from bond of slavery.

    Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.





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  • monkeyman
    09-27 10:45 AM
    Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!



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  • pappu
    12-19 06:46 PM
    core member- Ashish Sharma (eager2i) will be attending this call on behalf of the core team.





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  • invincibleasian
    01-31 03:18 PM
    As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
    For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
    Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna

    You cannot lose priority date after i140 is approved unless revoked for fraud!



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  • jambapamba
    07-19 07:48 AM
    NO

    1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.

    2. Affidavits of support for employment based 485's are NOT REQUIRED at all.





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  • 485Mbe4001
    07-25 12:11 PM
    Nice...Calculations work if its a public company with a responsibility to make profits and please shareholders. We are talking about an entity we really know nothing about, all calculations go out of the window in this case

    -- I filed my 485 in dec 2004 :p i have spent many hours dreaming up rational calculations, but i feel i would have been better off watching the traffic from my office window.:(


    Here is the calculation I came up with USCIS processing of our I-485 applications.
    USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
    Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
    So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don’t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
    So, 584/50 = 12(Approx) applications they need to process in a day, per person.
    So, do you think it is viable? Of course, it is…
    What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let’s us say, it takes about 1/2 the time fill the application; that’s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don’t they have enough employees (This shouldn’t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don’t care about immigrants or their plights. :rolleyes:



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  • GCwaitforever
    09-25 05:34 PM
    My credit union gives mortgage with higher rates for non-GC folks. I also lost on scholarships for not having a GC.

    Coming back to the original post, Carbon proposed a great out-of-the-box idea. Nothing wrong in selling this idea to NAHB. They are sitting on their profits from last few years and would not mind sponsoring any IV events at DC perhaps.





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  • Kodi
    07-22 09:56 AM
    I thought USCIS won't issue EAD without FP. Its not true?



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  • HOPE_GC_SOON
    01-31 02:24 PM
    Gurus:

    My friend got into this situation.

    He had EB2 Labor approved with PD 08/2005 and I140 approved.. He is in final six months of his H1.

    Now, interestingly his EB3 labor from Previous employer was just approved. However, he is no more working with them. But could convince them to file I140 for the apprvoed EB3 (which is PD 09/2003). and would like to Port the PD to his current EB2 with his present employer.

    Did any oone of you experienced this and if so, can you please share your experience..

    What are the Dos and Donts for this case.. Appreciate your replies.

    Thanks,
    :)





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  • desi3933
    07-20 04:31 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?

    USCIS recommends applying for EAD 6 months in advance.



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  • bkshres
    01-22 12:50 PM
    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK





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  • Jeff Wheeler
    11-27 04:36 AM
    Hmm... I didn't know about AIR issues you mentioned.. ;( On PC it works great, and people at Adobe (as I can see on videos) use Mac OS as their primary OS.

    AIR on Linux is in beta, and it�s no question why. It�s a second-class citizen.


    btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?

    ASP.NET may be different from normal .NET apps, but there are many first-class C# apps that run in Mono�s runtime environment that can be ported from *nix to even OS X.

    I can�t speak for your experiences, but if you rewrote it in PHP, it probably wasn�t intended to a normal GUI app in the first place. PHP is an odd replacement, if so.



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  • Blog Feeds
    09-27 10:50 AM
    VIA USCIS.gov


    Introduction

    U.S. Citizenship and Immigration Services (USCIS) today announced a final rule adjusting fees for immigration applications and petitions. Thefinal rule (http://www.ofr.gov/OFRUpload/OFRData/2010-23725_PI.pdf)follows a period of public comment on a proposed version of the rule, which USCIS published in theFederal Register (http://edocket.access.gpo.gov/2010/pdf/2010-13991.pdf)on June 11, 2010. After encouraging stakeholders to share their input, USCIS considered all 225 comments received. The final rule will increase overall fees by a weighted average of about 10 percent but will not increase the fee for the naturalization application. The rule will also reduce fees for six individual applications and petitions and will expand the availability of fee waivers to new categories. The final rule will be published in the Federal Register September 24, and the adjusted fees will go into effect on November 23, 2010.

    USCIS is a primarily fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation�s immigration laws, process applications, and provide the infrastructure needed to support those activities. Remaining funds come from appropriations provided annually by Congress. The final fee rule concludes a comprehensive fee review begun in 2009.

    USCIS�s Fee-based Budget

    Fees account for approximately $2.4 billion of USCIS�s $2.8 billion budget request for fiscal year (FY) 2011. More than two-thirds of the budget supports the adjudication of applications and petitions for immigration benefits at USCIS field offices, service centers, customer service call centers and records facilities. The remainder supports USCIS business transformation efforts and the funding of headquarters program offices.

    The adjudication areas supported by fees include the following:


    Family-based petitions - facilitating the process for close relatives to immigrate, gain permanent residency, travel and work;
    Employment-based petitions - facilitating the process for current and prospective employees to immigrate to or stay in the U.S. temporarily;
    Asylum and refugee processing - adjudicating asylum and processing refugees;
    Naturalization - adjudicating eligibility for U.S. citizenship;
    Special status programs - adjudicating eligibility for U.S. immigration status as a form of humanitarian aid to foreign nationals; and
    Document issuance and renewal - verifying eligibility for, producing and issuing immigration documents.
    USCIS�s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS did receive appropriations from Congress and made budget cuts of approximately $160 million, this has not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the final rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.

    Highlights of the 2010 Final Fee Rule

    The final fee rule will increase the average application and petition fees by approximately 10 percent. In recognition of the unique importance of naturalization, the final fee rule contains no increase in the naturalization application fee.

    The final fee rule establishes three new fees for:


    Regional center designation under the Immigrant Investor Pilot Program (EB-5);
    Individuals seeking civil surgeon designation (with an exemption for certain physicians who examine service members, veterans, and their families at U.S. government facilities); and
    Recovery of the USCIS cost of processing immigrant visas granted by the Department of State.
    The final fee rule adjusts fees for the premium processing service. This adjustment will ensure that USCIS can continue to modernize as an efficient and effective organization.

    The final fee rule reduces fees for six individual applications and petitions:


    Petition for Alien Fianc� (Form I-129F);
    Application to Extend/Change Nonimmigrant Status (Form I-539);
    Application to Adjust Status from Temporary to Permanent Resident (Form I-698);
    Application for Family Unity Benefits (Form I-817);
    Application for Replacement Naturalization/Citizenship Document (Form N-565); and
    Application for Travel Document (Form I-131), when filed for Refugee Travel Document.
    The final fee rule eliminates two citizenship-related fees for those service members and veterans of the U.S. armed forces who are eligible to file an Application for Naturalization (Form N-400) with no fee:


    Request for Hearing on a Decision in Naturalization Proceedings (Form N-336); and
    Application for Certificate of Citizenship (Form N-600).
    Lastly, the final fee rule expands the availability of fee waivers to new categories, including:


    Individuals seeking humanitarian parole under an Application for Travel Document (Form I-131);
    Individuals with any benefit request under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and
    Individuals filing a Notice of Appeal or Motion (Form I-290B) following a denial of any application or petition that did not initially require a fee.
    Final Rule: Schedule of Fees

    The following schedule lists the adjusted fees that will take effect on November 23, 2010, alongside the existing fees in effect until that date:



    Form No.

    Application/Petition Description

    Existing Fees (effective through Nov. 22, 2010

    Adjusted Fees (effective beginning Nov. 23, 2010)

    I-90 Application to Replace Permanent Resident Card $290 $365 I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129/129CW Petition for a Nonimmigrant Worker $320 $325 I-129F Petition for Alien Fianc�(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-191 Application for Advance Permission to Return to Unrelinquished Domicile $545 $585 I-192 Application for Advance Permission to Enter as Nonimmigrant $545 $585 I-193 Application for Waiver of Passport and/or Visa $545 $585 I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal $545 $585 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er), or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 $290 I-600/600A

    I-800/800A Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition $670 $720 I-601 Application for Waiver of Ground of Excludability $545 $585 I-612 Application for Waiver of the Foreign Residence Requirement $545 $585 I-687 Application for Status as a Temporary Resident under Sections 245A or 210 of the Immigration and Nationality Act $710 $1,130 I-690 Application for Waiver of Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act $545 $755 I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) $1,370 $1,020 I-751 Petition to Remove the Conditions of Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105�110) $285 $285 I-907 Request for Premium Processing Service $1,000 $1,225 Civil Surgeon Designation $0 $615 I-924 Application for Regional Center under the Immigrant Investor Pilot Program $0 $6,230 N-300 Application to File Declaration of Intention $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/600K Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322 $460 $600 Immigrant $0 $165 Biometrics Capturing, Processing, and Storing Biometric Information $80 $85






    Last updated:09/23/2010




    More... (http://ashwinsharma.com/2010/09/24/information-on-the-new-uscis-fee-increase.aspx?ref=rss)





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  • snathan
    08-18 05:32 PM
    They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.

    Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes.

    Exactly.....You nailed it correctly.





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  • sabr
    09-18 04:44 PM
    But if I get out of US and get back with H1b stamping will then I can start again with my current company as H1b while I wil work with EAD for another company full time?





    nixstor
    01-17 04:07 PM
    There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms).


    Aren't 1040, 1040 NR, 1040NR EZ different forms?

    OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.

    www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.

    The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.





    hibworker
    03-28 01:30 PM
    Can anyone please respond? What should I do?

    You really need to provide the contract letter that has been asked for. I can't think of any work around to this. It is becoming increasingly common to reject H1 for consultants working at client site where they are not managed by their employer.



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