Wednesday 30 November 2011

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mpadapa
08-04 03:36 PM
Based on what you have said. She is not even entitled for EAD, because U, mentioned that she got married after 485 was filed by here spouse. If the spouse had added her as dependent after marriage then she can derive EAD and AP benefits. Also if she is a dependent on his 485 there should be some concrete evidence (divorce papers) for him to drop her out of the dependent status.


We need much more info to help out.

1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?
--She is on H4

2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?
--He had filed his 485 before she got married to him.





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walking_dude
12-21 09:39 AM
First we need to contact the madam @ 10 Janpath. Without her choreography Papa singh won't dance and neither will the daughter.

( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)

I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.

http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms

Can she be of any help to IV's Agenda. Has IV core considered contacting her.





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gc_on_demand
06-11 06:52 AM
Remember CIS told that they will make I 140 PP available in batch. I think this is first step towards that.

As of april 2008 there are 140,000 cases are pending .. How many will get benefits of this rule any idea ?

What will be next batch ?





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Motivated
10-27 09:29 AM
to be 'fair' FOX is better in the sense we know what we are getting but if u look at NPR, CNN, CBS, ABC, NBC, they make us believe they are giving out a balanced view of the world but they all have a 'liberal' agenda, to understand the issues better you have to listen to both sides of the argument, by criticizing FOX over and over in this forum we are shutting down cone side of the argument, many commentators on FOX expressed their supporting of legal immigration,

You probably know what you are getting, but there are others who believe all the lies that FOX spreads - don't always look through the prism of your problems...

At least on the other news outlets, they bring 2 sides of opinions, unlike FOX - which only shows one side of the issues 25% of the time, and the host spews his/her talking points for the rest of the 75% of the show!

Having said that, I would much prefer for the news outlets (ABC, CNN, NBC, CBS, NPR ..) to not only give 2 sides of the story, but actually do some investigative journalism and come to conclusions. Ask the tough questions and if all they get is talking points cut them off.........



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mnq1979
06-26 09:39 AM
I jst got an update on my and my wife I-485; i am not sure what it is about as i have not received the RFE yet.....but i think they are asking for our BC as we did not provide them when we applied for I-485;

I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.

Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!

Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!

Thanks in advance !!!!!





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telekinesis
10-20 07:52 AM
Get the educational version! Much cheaper and is fully functional!



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sweet23guyin
02-13 12:47 PM
Don't be LAZZY...activity on IV is easy





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arpu31
11-15 01:48 PM
Thank you for your reply.

Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.

Or can I go out of USA and get back on the same revious H4 stamping?

Thanks,

Arpu

I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.

But again, Please check with ur attorney since I am not an attorney.

Sorry if my answers will scare you a bit.

Regards,



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cbpds
04-07 02:18 PM
Hope the may bulletin is published by tommorow as Obama has threatened to veto any stop gap bill

Obama vows to veto short-term bill - Washington Times (http://www.washingtontimes.com/news/2011/apr/7/senate-leader-reid-government-headed-shutdown/)





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mbartosik
09-12 07:34 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.

If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.



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raysaikat
11-29 05:01 PM
The line in bold above is NOT TRUE. You can work in the USA with the approved H1B even if it is not stamped and even if you arrived using H4. All you need is a SSN along with the approved H1B to start working.

What you say is true if the approval notice (I-797) has I-94 attached. If not, then she needs to go out of the country to change status.

In other words, the status is determined by I-94.

Usual warning: Use any of above at your own risk!





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return_to_india
01-19 05:34 PM
Is $500 what your wife pays from her pocket (and employer pays the rest) or is this the actual cost of buying insurance?

In the former case, expect the actual cost under COBRA to be significantly higher.

I think you mixed part of reply with "chaks7" info.

I pay $500 . Don't know how much the employer pays.



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fatjoe
10-10 03:36 PM
http://www.murthy.com/news/n_ombloc.html





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kkmajid
10-16 01:55 PM
Hi again,

Thanks for your reply.....

If i am doing premium processing or I-140 then it should take 2 weeks to get a decesion so it would take 4 months then? Please explain

Kambi



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Calouste
07-28 08:20 PM
quite interesting find...do you have a reference?

H-1B numbers:

Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2000 (http://www.uscis.gov/files/article/FY2000Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2001 (http://www.uscis.gov/files/article/FY2001Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2002 (http://www.uscis.gov/files/article/FY2002Charact.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2003 (http://www.uscis.gov/files/article/FY03H1BFnlCharRprt.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2004 (http://www.uscis.gov/files/nativedocuments/H1B_FY04_Characteristics.pdf)
Characteristics of Specialty Occupation Workers (H-1B): Fiscal Year 2005 (http://www.uscis.gov/files/nativedocuments/H1B_FY05_Characteristics.pdf)

India accounted for the following percentages of new H-1B visa issued:

FY 2000 : 44.5 %
FY 2001 : 45.2 %
FY 2002 : 20.4 %
FY 2003 : 27.8 %
FY 2004 : 46.0 %
FY 2005 : 49.0 %

Note that this is only H-1B and doesn't include other high skilled immigrant visa like L1 and TN.





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svr_76
01-09 03:32 PM
Use of such words is treated as a racial slur :-)
[Ref: Ongoing Cricket series between Australia and India]



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acecupid
08-23 04:33 PM
Receipts received on Aug 21, for I-485, I-131 and I-765 for application sent on July 16th :D





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WAIT_FOR_EVER_GC
11-11 12:45 PM
ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL

I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.

College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.

Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.





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eager_immi
02-12 11:09 PM
there is no such thing as premium processing of h4 unless filed with h1b





adusumilli
09-28 09:23 AM
Check the signature.





TEKNMEK
02-09 11:11 PM
Hi
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
3. How long does it take to recieve the passport after stamping?

Any help would be greatly appreciated.

Thanks,
TEKNMEK



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