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  • gc_buddy
    12-02 01:06 AM
    We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005. ND is September 05, 2007.

    Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?


    Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.




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  • srkamath
    08-10 04:24 PM
    Poll result = 1 pending

    Sorry - dark humor:D




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  • gparr
    October 24th, 2004, 06:47 PM
    Thanks Fred. Very helpful. Other comments appreciated. The white ceramic is an old insulator for an electrified wire that is obviously long ago rusted away. The fence surrounded a holding yard for dairy cattle.
    Gary




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  • vinabath
    07-02 03:12 PM
    Now the IV core agenda is brought to life USCIS.

    USCIS, you are the god. You almost killed IV core agenda. Now you gave life to IV core agenda.



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  • pappu
    06-03 12:47 PM
    Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.




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  • Vinny
    02-09 01:17 PM
    Hi,

    My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
    1. Does he need to file a transfer memorandum ?
    2. WIll there be a change in wages ?
    3. Are there any other steps before he starts to work in BayArea ?

    Please help.

    Thanks.



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  • eager_immi
    08-09 11:47 AM
    I think it is useful to state search the forum so that people stop asking questions which really irritates other people since it has been discusses in detail in several threads. Let the guy ask. I see a couple of times somebody asking a question, and instead of answering people ask to search at the forum first....
    why not just respond if possible or just ignore. I think posting a reply to say to search first is not very usefull at all.




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  • wandmaker
    11-12 04:24 PM
    I choosed the option "receipts not received", reached level 1 support, got transferred to level 2 - CSR checked the status of SR and told me that it takes 45 days to resolve these kind of issue and me/my (both) attorney on record will get the duplicate notice; and asked me to check after a week.

    wandmaker,
    Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.



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  • saint_2010
    07-11 04:44 PM
    Yes I did, but did not get a dual card. It says on the card - "Not Valid For Reentry to US" - my guess its not dual.

    Did you say 2007!? and you haven't rcvd EAD cards till now!. Did you check with USCIS?




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  • soarin3655
    04-08 02:41 PM
    US taxman gets after Indian-Americans - The Times of India (http://timesofindia.indiatimes.com/nri/news/US-taxman-gets-after-Indian-Americans/articleshow/7915510.cms)

    US taxman gets after Indian-Americans
    Chidanand Rajghatta, TNN | Apr 8, 2011, 09.40pm IST

    On Thursday, the US govt filed a petition with the court to allow the IRS to serve what is known as a "John Doe" summons on HSBC Bank.


    WASHINGTON: When you do a good deed, get a receipt, just in case heaven is like the IRS, goes the sagely tax advice in America. Some 9000 Indian-Americans are about to discover that tales of the dreaded Internal Revenue Service's omnipresence are not entirely exaggerated.

    While millions of Americans are sweating it out to file their tax returns before the April 15 deadline, Uncle Sam's taxman has zeroed in wealthy Indian-Americans suspected of using their native land to stash away undeclared money and evade taxes. Yes; while India has long believed its wealthy has stashed away money abroad, the wheel has turned a full circle. The US now says its Indian-American citizens are using India as a tax haven.

    In a surprising move that takes the American hunt for hidden money beyond the usual Swiss and Caribbean tax havens, the US Justice Department's civil tax division on Thursday asked a Federal Court's permission to force the London-based HSBC Bank to disclose names of thousands of wealthy Indian-American clients who it says maintain accounts with more than $ 100,000 in the bank's India branches -- ostensibly to hide it from the IRS taxman.

    In a 47-page statement filed before a San Francisco court, the IRS said there were 9,000 US residents of Indian-origin who had $100,000-minimum-balance accounts at HSBC India but that fewer than 1,400 had disclosed existence of their accounts. US laws require citizens to disclose any foreign account containing $10,000 or more.

    The US hunt for Indian-American tax evaders follows a case early this year when federal prosecutors nailed Vaibhav Dahake, a US citizen and an HSBC client for tax evasion by stashing money in India. According to documents filed with the government's petition, on Jan. 26, 2011, a grand jury in Newark, New Jersey, indicted Dahake, charging him with conspiracy to defraud the United States by using undeclared accounts in the British Virgin Islands and at HSBC India.

    According to those documents, employees of HSBC Holdings plc and its affiliates operating in the United States assured Dahake that accounts maintained in India would not be reported to the IRS.

    US authorities, attributing the information to HSBC's website, say that in 2002 HSBC India opened a "representative office" at an HSBC USA office in New York City to enable ''Non-Resident Indians'' (NRIs) living in the United States to open accounts in India. In 2007, HSBC India allegedly opened a second representative office at an HSBC USA office in Fremont, Calif., purportedly "to make banking transactions more convenient for the NRI community based in California." Although HSBC India closed those offices in June 2010, the government alleges that NRI clients may still access their accounts at HSBC India from the United States.

    According to the petition documents, NRI clients have told IRS investigators that HSBC's NRI representatives in the United States assured them that they could invest in accounts at HSBC India without paying US income tax on interest earned on the accounts and that HSBC would not report the income earned on the HSBC India accounts to the IRS.

    "The Department of Justice is committed to ensuring that all US taxpayers meet their obligations to declare and pay taxes on foreign bank accounts," John A. DiCicco, Principal Deputy Assistant Attorney General for the Justice Department's Tax Division, said in a statement. "The ability to hide accounts in foreign countries is rapidly dwindling. We will continue working hand-in-hand with the IRS to enforce the tax laws against those who are using offshore accounts � wherever they are located � to evade taxes."

    The IRS focus on India and Indian-Americans follows a campaign against undeclared offshore accounts held by US taxpayers, primarily in tax havens such as Switzerland and the Caribbean. In a landmark case in 2009, the IRS went after UBS AG for allowing U.S citizens hide their assets and evade taxes. UBS coughed up $780 million in fines, and more importantly, turned over some 4000 names in a precedent-setting case.

    "The IRS continues to focus its attention on international tax evasion," IRS Commissioner Douglas Shulman said on Thrusday about the HSBC India case. ''This summons request is focused on obtaining more information to help us determine if additional actions are needed. As I've said all along, our international efforts are not about just one country or one bank � it's about our wider effort to ensure compliance with the nation's tax laws."

    Meanwhile, an HSBC spokesperson in New York told wire services that the bank has been engaged in a "constructive dialogue" with US authorities and hoped the issue can be resolved expeditiously. "HSBC does not condone tax evasion and fully supports the US efforts to promote appropriate payment of taxes by US taxpayers," spokeswoman Juanita Gutierrez said, adding that the bank complies with the law in all the jurisdictions and cooperates with requests from US authorities.



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  • rayen
    05-13 08:53 PM
    Experts,

    My friend got a letter from USCIS saying his H1 B transfer got Denied due to Client Contract / Letter.

    1. Is he out of status?
    2. He can appeal with proper evidence to show that we have contract..with clients..
    3. What si the procedure.. pelase advice

    Thanks in advance.




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  • meridiani.planum
    06-27 01:42 PM
    Hi All

    Just came accross the following information as posted by the uscis latest newsletter...

    If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?

    If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.

    source: Latest USCIS Monthly Newsletter
    Link available via www.immigration-law.com

    Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???

    can you please put a question mark at the end of the line when your subject is a question instead of a statement? Looking at this link I thought USCIS came out with some new regulation!

    replacement EADs are always issued for the term of the original EAD, so this is no news. If you lose your current one year EAD, and file a new one, its expiry will be same as this one. If you lose a 2 year EAD, its replacement will be granted with the same expiry as the old one, so 2 years.



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  • veni001
    06-22 02:46 PM
    With same employer could definitely trigger audits from both DOL and USCIS!!


    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil




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  • abe1
    06-22 10:56 PM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.



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  • jliechty
    November 9th, 2004, 10:42 AM
    I have browsed at two local specialist camera stores but the only digitals were either very old or cost more than I can buy new on line.:(
    When you buy a film camera, you can "upgrade" the image quality, up to a certain point, by buying different film. With a digital SLR, you're essentially buying the camera plus a certain (but unknown) amount of "film." Any camera will fail at some point in time, but the general probability is that the shutter of a $1000 film camera will last a while longer than the shutter of a $1000 digital camera (the former would be a pro model, while the latter is basically amateur or lower end prosumer).

    What I'm not trying to do is convince you to buy a film SLR. I have one, and would upgrade to a DSLR at the drop of a hat if I could afford it. What I am attempting to caution you about, is that a used DSLR will come with no reasonable warranty, and a certain (unknown) amount of the "film" already used up. Given the apparent "free"-ness of digital capture, lots of people shoot thousands of frames per day without thinking (I have nothing against pros who need to "machine gun" it to capture the right moment in sports - this rant was against amateurs who shoot tons of frames without any thought, hoping something good may come out by chance). Thus, you have no idea how much life will be left in a used DSLR when you buy it, and more likely than not, there will be no guarantee if it does fail. It's like buying expired film on ebay... risky, but you pays your money and you takes your choice.




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  • WaitingUnlimited
    09-21 02:31 AM
    I am not an attorney but I was in almost similar situation.

    1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.

    2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved

    3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.



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  • maverick_iv
    05-02 11:24 PM
    I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..




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  • chanduv23
    09-16 12:26 AM
    Is andy garcia and andy_8214 the same? Just wondering:rolleyes:

    Dunno - but we can find out from the IP logs - will not worry about this person




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  • Ramba
    05-21 06:09 PM
    We are chasing behind so many stuffs at this important time. We should forget about the merits or demerits of point system. It can be good or bad. We should forget about how Z visa holders get more benefit than us. It is something not in our control and big politics behind everything in the bill. Therefore, we should not concentrate on this as it is not our objective. We should focus only to eliminate retro in EB ASAP. We should try to bring a simple amendment to the bill, so that retrogression in current EB ends ASAP.

    A simple thing to do is do not change drastically current form of bill. Don�t waste time on analyzing or chasing behind merits and demerits in H,Y,Z visas or all other positive or negative stuffs in this bill.

    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy




    vikramy
    10-07 02:42 PM
    You are in AOS status now. need to file New I9 as all said.

    You can always file new H1 (Not in quota but not extension) using your approved 140. So that can be done.

    Talk to your lawyer

    My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.

    My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.

    But my question my I94 is expired on 9/30 then what is my current staus.

    thanks in advance.




    The7zen
    03-24 12:30 PM
    wanaparthy,
    It will be easier for someone to help you if you fill your profile with right details.

    -7zen



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