Sunday, June 12, 2011

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  • mhathi
    03-19 12:57 PM
    PD is checked both at the time of filing and approval of 485. Once filed, the 485s are processed based on RD. If at the time of adjudication the PD is not current, the file is kept in the "pre-adjudicated" pile until the PD becomes current again for that particular application.

    This is my understanding.





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  • leoindiano
    07-09 01:34 PM
    looks like TSC is the one worked so hard to drain 485 apps and taking rest now....:)





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  • gee_see
    10-19 02:21 PM
    I found an interesting article on AC21 portability in cyrusmetha.com

    Here is the portion of the article appeared on May 27, 2005
    about PORTABILITY DURING ADJUSTMENT OF STATUS
    -----------
    Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
    ----------

    Experts please discuss....





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  • delhirocks
    07-19 10:43 PM
    Applied for LCP in July 2007 and I am not sure if I can apply for I-140/485 if my labor is approved before 17 August 2007. My PD is July 2007 but my labor might get approved in August.

    Any Guess????

    Where did your labor application go...If Atlanta...then forget about it, If Chicago, start getting all the paperwork like BC & Medical ready as you will most likely get your approval in a week or two (I got mine in 2 days)



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  • DIRECT OR VARIABLE COSTING INCOME STATEMENT



  • LostInGCProcess
    09-18 05:18 PM
    Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks

    Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.





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  • vdlrao
    08-15 04:45 AM
    No I havent got my GC yet.



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  • mhtanim
    06-08 05:42 PM
    I don't live in the tri-state...

    I have my W-2's from 99 and 00 so no need to call the University.

    What I dont have is the actual return (1040nr) which I "mailed" at that time.

    Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!

    For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.

    As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.





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  • yabadaba
    06-21 09:50 AM
    we can only guess

    i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc



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  • dingudi
    06-07 11:45 AM
    Is this RFE on your pending 485? What service center is this at? TSC or NSC.

    Also what you can do is request IRS transcripts for year 1999-2000 if you cannot find the returns.





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  • wandmaker
    04-04 01:34 PM
    I work as a software engineer in India and the US branch of my company has filed a L1-B petition by September 2008. The petition got denied by Nov 18, 2008 stating that I don't possess "specialized knowledge". Knowing that I am the only person who possesses knowledge of one of the company's product, we filed an appeal to re-consider by Dec 18, 2008.

    The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:

    Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER

    Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.


    Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?

    Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?

    If your resume portraits a product customization or support then in the USCIS eyes, you do not posses specialized skills.... Additionally, The initial evidence (including resume) that your company has submitted is not sufficient enough to prove that you posses that specialized skills. Your company also has a base in the US so the availability of US worker in the same skill is very much possible with in the company - Hence, USCIS denied your L1. IMHO, your appeal may not be fruitful....



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  • cygent
    02-24 01:08 AM
    Some folks may have got away with it, the chance is low for an audit particularly if you earn <100k/yr. Do the research yourself independently. The conclusion will be that you CANNOT deduct these expenses. For TAX purposes Immigration has nothing to do with your work.

    In addition for I-485, your EMPLOYER does NOT have to pay for it at all, since it based on the individual. I am am sure many of us have got into trouble because our "friends" or "relatives" have told us things just because they heard from other "FRIENDS" or "RELATIVES". I know of enough cases myself.

    Hello IVans,
    My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.

    Thanks.





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  • freetospeak
    07-18 07:17 PM
    Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same



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  • gova123
    08-27 12:38 PM
    Go in person that would be best. Houston will not respond to mail or phone calls, Their whole switch board is messed up. I had tough time when I sent it to Houston.

    Can we go in person, I thought they would encourage only in case of emergency. Any one know that if we can go to the consulate and get the passport renewed quickly for sure.

    Thanks
    Govardhan





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  • neelu
    01-02 02:34 PM
    Please anyone.........help me.

    I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.

    Thank you very much.



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  • mikemeyers
    12-26 05:42 PM
    According to my knowledge, going back to F-1 is your best bet. The reason is whether u are legal in the country or not while ur H1 application is pending is decided by USCIS by approving change of status. If they don't u will be out of status, u have to leave the country and come back. but if you r on f-1, u'll be in legal status all the time. Just make sure, u transfer ur SEVIS I-20 before 60-day OPT grace period expires. Then, u'll be able to avoid worst case scenarios of being out of status in case ur H-1 is approved but change of status is not.





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  • Jeff Wheeler
    11-26 09:00 PM
    Honestly, what does it even matter if it is MS biased? He works at MS, and has every right to focus on that content. :P



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  • anurakt
    01-21 02:12 PM
    I joined Immigration voice on orkut. My name is Chandrakanth
    Thanks , I see lot of people joining now.





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  • eb3_nepa
    08-16 10:18 AM
    anyone?





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  • tsiger
    06-20 04:48 AM
    yo guys.. thanx for voting my stamp! I am in the army now and i left things behind.. i won't be able to join frequently for the next 10 months so see you later all and thanx again for voting!





    admin
    04-03 07:32 AM
    Some of the figures looked a bit too unbelievable so I checked out. A particular one that was hard to believe - in the US Science and Engineering undergraduates is 32% (page 1 of IV report). On checking with the referenced document (Executive summary) at:

    http://darwin.nap.edu/execsumm_pdf/11463.pdf

    Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.

    IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.

    brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.





    jungalee43
    06-29 06:44 PM
    Sanjay,
    Thanks for your reply.
    Was your interview an "initial interview"? was the spouse with you?
    I am taking all documents, but what specifially they look for? I am confused by what they mean "Originals and copies of all supporting documents submitted with the application"? Does this mean documents submitted with I-485 or labor certificate?
    Can you post or PM your esperience?



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