Sunday, June 12, 2011

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  • eastindia
    08-20 12:06 PM
    Ron says, The USCIS teleconference concerning implementation of PL 111-230 provided the following information:

    * The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
    * The new tax only applies to companies that have:
    o 50 or more full and part time employees in the US; and
    o At least 50% of those employees hold H1B or L status.
    * If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
    * The new tax only applies to new H filings (including change of employer filings)
    * The new tax DOES NOT apply to extensions or amendments
    * The total new tax is $2,000, not the higher amount originally feared
    * The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
    * Both full and part time employees count toward the 50 employee threshold
    * Any L2 employees, working using an EAD, also count toward the total
    * The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
    * The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
    * DO NOT send checks to the CIS for the additional fee until you receive an RFE.
    * New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
    * Best practice, use a separate check for the new fee.




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  • myvinbox@gmail.com
    08-17 01:44 PM
    I just decided to wait and see . hopefully it will get cleared in next 2-3 months




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  • rocky74
    07-20 12:35 AM
    Only those whose labor got approved prior to July can apply for 140/485. August Bulletin says "U" for all categories

    It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.


    You mean labor approved in July or Labor filed in July and approved before August 17. I understand that Priority date of July means that you must have filed the LCP in July.




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  • manderson
    11-09 10:56 AM
    another good 485 stats website is this (THIS IS NOT A PLUG):
    http://www.immigrationwatch.com/uscis-processing-statistics.html

    this has status prediction feature also but wait till Feb/ March to get more accurate results when all the Sept/October receipts are counted in.



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  • Widget
    04-18 03:28 PM
    Yesterday, there was a problem with the uscis web site. I tried to use the web site several times. Did you try to use the web site yesterday? or before?

    I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
    Please give me your advice.




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  • dazed378
    04-07 09:41 PM
    A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that

    "We didn't allow your spouse's personal exemption because your spouse's:
    Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
    Last name doesn't match our records or the records provided by the Social Security Administration.
    Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
    If you have questions or need additional information, please have the following on hand when you call:
    A copy of this page.
    A copy of your tax return.
    The notice we sent you.
    If you disagree with this change or the way we processed your return, please contact us.
    ."

    Do I still need to file form 1040X? Please let me know.



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  • SAPGURU
    07-13 09:04 PM
    I was searching on internet and this is what i found on Murthy.com.
    --------------------------------------------------------------------------

    Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.

    The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
    --------------------------------------------------------------------------

    Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.




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  • GooblyWoobly
    07-18 07:24 PM
    1) I think you can file EAD /AP even if you dont have a AOS receipt. Can someone comment on this?

    2) What all docs are required for filing EAD & AP?

    1. My lawyer clearly said you can't, unless you file it together with AOS.
    2. I765 and I131 forms. Everything else has already gone in with the AOS.



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  • chanduv23
    08-02 05:30 PM
    create a yahoogroups or googlegroups and start adding people in, maybe you can have one group for FL initially and then divide norrth and south




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  • MetteBB
    06-06 02:53 PM
    Awesome 3 of my 36 stamps got in :P
    But seriously, i wish you put in my pink nebula one! oh well! :)

    3 out of 44 is not bad, so no complaining ;)


    /mette



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  • peer123
    04-09 11:15 AM
    Friends,
    I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation

    1. I have approved I140 > 180 days in actually 300 days

    2. I have approved EAD

    3. mine is labor transfer case and I used an existing labor that matched my job profile

    4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.

    5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....


    Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.

    Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..

    please help
    bumping it up... - please provide your input




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  • humdesi
    12-07 10:37 PM
    I've known a few EB-1's. The typical profile is a guy with a few years experience working in a desi outsourcing company in India. Their direct reports are a few freshers from colleges you've never heard of, some with 3 yr diplomas.
    After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.

    In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.



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  • siva007
    04-02 05:25 PM
    Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.

    Thanks




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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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  • meridiani.planum
    07-12 08:35 AM
    As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.

    if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)




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  • p1234
    09-26 10:39 AM
    1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?

    2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.

    3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?

    I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?

    Thanks

    You are inviting trouble when you think of doing something out of the ordinary. I am not sure why people make their cases complicated. This is a very general comment and nothing specific about your case.

    Heard from several friends about multiple labors (one EB2, another EB3), multiple I-140s. They are themselves not sure what is approved and what is pending approval. :). Have a friend who jumped job in May 07 on approved I140 + 3 yrs visa extn, then went back to previous one in July 07 and filed 485. After realizing EB3 is all messed up (thanks to 07/07), jumped to a third employer on AC21 (I think). There is yet another with a similar story.

    We blame USCIS for everything (rightfully so), however we don't realize how much desi consulting firms and employees have exploited the system and added to the processing delays, for easy money.

    Forget PD reuse, people have been jumping jobs left and right on AC21 and getting it denied.
    PD porting is possible but as others have pointed out, it is not exactly a best practice recommendation.



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  • gst76
    02-18 05:21 PM
    Going to India is definitely better. Especially since it is going to be your first H1b stamping.

    If you register for a Canada stamping, a message pops-up saying that if it is your 1st H1b stamping, then go to home country.
    As long as your docs are in order, you shouldn't have any problem in India.
    Good luck!




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  • GC20??
    08-12 03:26 PM
    As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.

    Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?

    Good morning XXXXXXXXXXX,
    Re: I-485s <Applicant Name>

    I have conversed with those in charge of these cases.
    The United States Citizenship and Immigration Services (USCIS) is
    committed to adjudicating immigration benefits in a timely, efficient
    manner that ensures public safety and national security.

    Toward that end, USCIS requires extensive background checks for every
    application or petition it adjudicates. While background checks for
    most applications or petitions are completed quickly, a small percentage
    of cases involve unresolved background check issues that result in
    adjudication delays.

    Background checks involve more than just the initial submission of and
    response related to biographical information and fingerprints. When
    checks and/or a review of an administrative record reveal an issue
    potentially impacting an applicant's eligibility for the requested
    immigration benefit, further inquiry is needed. The inquiry may include
    an additional interview and/or the need to contact another agency for
    updates or more comprehensive information. If it is determined that an
    outside agency possesses relevant information about a case, USCIS
    requests such information for review. Upon gathering and assessing all
    available information, USCIS then adjudicates the application as
    expeditiously as possible.

    We have checked into your constituent's case and have been assured that
    the agency is aware of your inquiry, and is monitoring progress related
    to it. However, unresolved issues in your constituent's case require
    thorough review before a decision can be rendered. Unfortunately, we
    cannot speculate as to when this review process will be completed.


    We realize that your constituent may feel frustrated by delays related
    to his or her case. As an agency, we must weigh individual
    inconvenience against the broader concerns of public safety and national
    security.

    We hope this information and assurance are helpful. If we may be of
    assistance in the future, please let us know.

    I hope this information is helpful to you. At this time I am closing the
    inquiry on this matter.

    Thank you,

    <Officer Name>

    Immigration Services Officer

    NSC Congressional Unit




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  • Jimi_Hendrix
    11-02 02:41 PM
    cases where I140 is approved and I485 is pending for more than 6 months i.e. AC21 cases? I think in these cases you can move to a different state. Can anyone validate this?




    evildead
    04-24 04:18 PM
    Anyone from Chicago near downtown? Not Napreville or Aurora. We are moving from (bay area) Santa Clara to Chicago. Office is in Downtown. Looking for a place closest to download. We are a family with small (1.5 year old) kid.

    Please suggest.


    we live in Chicagoland. PM me if you would like to talk.




    techskill
    08-14 02:48 PM
    How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??


    $325 + $70 + $180 (EAD) + $170(AP)=$745



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