Friday, June 10, 2011

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  • ita
    01-29 01:45 PM
    Hi,
    My pay on the employment letter given by my company is 10k more than wat is on my W2's.

    My employer said it shld not be a problem as the W2's are for previous years and the employment letter is dated as of this year.

    Is this fine or will there be in any problem with this.

    Thank you.




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  • santb1975
    01-28 09:46 PM
    you are awesome

    Tomorrow evening, can you rise to the occasion???




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  • seba
    09-24 01:31 PM
    Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.




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  • prakgc
    07-21 09:37 PM
    For all those who are having nightmares about G325A and sending GA325 or for completeness need not worry if visa was issued more than a year back based on this.... I found this from the link provided earlier in this thread(pdf) by ushkand

    Establishing completeness of records may entail preparation of a request for
    background check from an American consulate or embassy.
    The G-325A Biographic Information form must be completed by all
    applicants between the ages of 14 and 79. Clerically processing this form
    initiates a record check abroad for the applicant. This request, however, is not
    needed for all applicants. If the applicant entered the United States more than
    a year ago, the G-325A will not be processed. This limitation is imposed
    because the Department of State generally destroys the nonimmigrant visa
    application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
    green, pink, and blue copy. You will only need to use two legible copies,
    usually the white (file) and the blue (consul) copy. The only exception to this
    rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
    is required to submit a G-325A for the underlying I-130 petition. In this
    instance, you would include the pink copy of the G-325A in the record of
    proceeding of the I-130.
    Further, be aware that if an I-130 petition is included in the A-file, the spouse
    of the applicant of the I-485 is required to submit a G-325A for that riding
    petition. The spouse’s G-325A should be included in the record of proceeding
    and not processed according to these instructions. It is considered a
    supporting document and will be reviewed at the time of adjudication.



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  • suresh.emails
    01-23 11:34 AM
    Well,

    The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)

    1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.

    2. Wait for 2 days to activate the bar code.

    3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.

    4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).

    5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.

    6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.

    7. Send notarized affidavit for support I-134 form.

    8. All supporting documents

    9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.

    10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.

    11. If you are on EAD/GC, send your copied of EAD/GC.

    12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.

    13. Educate your parents with all possible questions/answers they may face during the interview.

    14. Advice your parents not to lie during the interview process. ask them to answer frankly.

    Let me know if you need more information for visiting visa. I can/may answer all possible questions.

    P.S: My parents got their visiting visa stamped during the second attempt.




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  • prioritydate
    09-21 11:27 PM
    What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?



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  • vparam
    05-23 01:49 AM
    Mchundi,

    I understand your anxiety. To answer your questions:

    There is no chance of having any single set of provisions "become law immediately."

    Unfortunately, we have to let this current round of discussions on CIR play out. What should we root for? That amendments to the current CIR that basically gut the bill fail. If the bill survives these amendments then we stand a good chance of succeeding in our efforts.

    For strategic reasons, we cannot disclose everything we know about behind the scenes agreements.

    Hang in there!

    best,
    Berkeleybee

    - Why is it not possible for IV to convince brownback or cronyn to support in a amedment that backlog reduction section for legal immigrants could take effect immdiately. it looks like for legal immigrants except for sen.session no one opposes any provision.
    Thanks
    vikram




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  • Madhuri
    04-09 11:30 AM
    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri



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  • sriramkalyan
    01-02 11:19 AM
    !!! Canada!!!




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  • Gray_xx
    05-28 10:32 AM
    whatta ? I see such mess first time in my life



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  • NolaIndian32
    09-22 10:30 AM
    I completely empathize with you - see my case details in signature :-(


    When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".




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  • arnet
    09-17 07:11 PM
    disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.

    I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....

    they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.

    some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...

    they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).

    writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.

    if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).

    they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.

    regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.

    but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.

    good luck....:)

    Folks,

    I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.

    My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.

    My question is if they want to immigrate to US what are various paths they can follow to get here?

    Thanks in advance.
    PAN123



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  • susie
    07-13 09:32 PM
    Hi:

    Why and how do members get those green and red squares when they post messages? I do know red squares are bad since a mouseover shows the text that the member has had some bad behavior. However, I have seen various texts for green squares. Mine says "I'm on a distinguised road"...I had no idea I was on one, but I sure do hope it ends with a Green Card in hand! :)

    Anyway, does anyone know all the different variations of text for green and red squares and how do they change for different members?

    Thanks,
    Jayant

    Now I am curious to see if I have any so making this post to check




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  • jthomas
    06-12 12:49 PM
    Your next step would be to copy this and post it in anti-immigration site. Go ahead.... I have seen my suggestion being copied and posted in anti-immigration site.

    Thanks for finding this out. Anyway, who in hell would file for a labor certification when companies are laying off. As per the rules companies cannot apply for labor certification for 6 months from last layoff.

    Don't try again

    J thomas



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  • MetteBB
    06-06 03:04 PM
    I know ;)




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  • mheggade
    05-22 11:36 AM
    All,
    so Please dont jump at this rule , think about it its good for us , I m sure guys who filed their labor late 2007/early 2008 will be thinking oh what happens if July 07 happens again , but trust me thats very unlikely ..Also your 140 will be approved way a head before you apply for 485.

    On the Postive side ...Even if July becomes current , people are still good to apply concurrent. Because this rule will come into effect only from Aug.

    Cheer up.



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  • meridiani.planum
    11-21 01:47 AM
    Meridiani.planum.... Thanks for your reply....
    Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?

    There the 3 stages to the GC: PERM, I-140, i-485. PERM takes 3-4 months on an average. I-140 takes 6-12, and I-485 taeks about 6-8. So in general getting the GC can take anywhere from 1 to 2 years. HOWEVER other than USCIS delays in processing, there are two BIG catches:
    - I-485 security/name check : this is an FBI background check where some percentage of people get stuck for years. Most people clear this within a month, but some unfortunate few get screwed.
    - RETROGRESSION: To get the I-485 approval your priority date (the day you have filed your PERM) needs to be "current". Each month the Department of State publishes a "Visa Bulletin" indicating what dates are current. The latest bulletin is here:
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
    Because of per-country quota's of visas, some countries are more backlogged than others. Actually only some countries have specific backlogs (India, china, mexico, philipinnes). Others are clubbed together into whats called Rest-Of-The-World (ROW) or "All Charge-ability Areas Except Those Listed".

    As you can see in the bulletin for EB3-ROW they are currently assigning visa numbers to applications filed before September 2002. Meaning your 485 cannot be applied or approved until the date in the VB moves past your PERM filing date. EB2-ROW as you can see has a nice little "C" next to it. That means its "Current" meaning there is no backlog, meaning you can immediately file your 485, and if all goes well and 6 months later its still "C", you'll have your GC.

    bottomline: for you moving from EB3 to EB2 changes your greencard processing time from say 7 years to 2 years.




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  • neelu
    01-03 08:17 AM
    Thank you very much .




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  • newyorker123
    11-29 12:44 PM
    @sameer2730 :

    So when you made the mistake "Country Of Citizenship" on your EAD eFile, how did you get that corrected? Did you send in a "Request For Correction" along with your supporting documentation to USCIS? Did they send you an RFE or did they accept your docs and approved your EAD?
    Sent the request for correction with my supporting documents.

    -- I have done the same mistake, so can you please tell what exactly you did. I mean did you call the helpline and is there any format in which we need to "Request for correction".

    And once you sent the "Request for Correction", was it ok. Or is there any problem with the correction.

    Please help me with your advice. I am completely in dilemma as to what needs to done..

    Thanks in advance..
    Vinay



    Country of Citizenship field is right underneath the applicant's address field(s), so I did the same mistake. Next thing I called up USCIS and told about the mistake and they put note to correct the information on my record (it seems they cannot modify) and I got my EAD without any issue.




    Ann Ruben
    01-23 01:24 AM
    Do you have any idea why the petition was denied? Was there an RFE? Appeals of H-1 denials are generally taking more than a year, and are rarely successful. Quickly filing a new and extremely well documented H-1 petition with a request for premium processing is really your best option. Note that if the new petition is approved you will have to leave the US and get a new H-1 visa before you can re-enter and resume legal work authorized status.




    roseball
    02-20 04:14 PM
    Thanks for the replies, I appreciate the time.
    When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.

    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.

    Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.



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