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Thursday, June 23, 2011

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  • abhijitp
    07-24 01:35 PM
    1) is it safer to wait for RN and then submit this letter as evidence quoting the A# assigned, I think that would be wise for a concurrenly filed application. My lawyer said that if its concurrently filed, the letter accompanying the i-140 is sufficient and 2 letters are not required. But if the i-485 is on it own then an employment letter must accompany the form.
    Different lawyers are providing different opinions on this. To follow the letter of the law, you MUST submit the employer letter.
    OR
    2) is it a better idea to submit a new I-485 rightaway along with the letter, What is reasoning behind this. Are you expecting a rejection? Why not wait for the RN and then send in the letter? Have you spoken to your lawyer?
    To follow the letter of the law, you MUST submit the employer letter. My lawyer says it is extremely unlikely you will receive a rejection for this especially since USCIS says it is okay to submit without Medical clearance. In my opinion, this is a lame excuse. I am happy to wait for RN, if only there is the guarantee USCIS will issue one, and won't reject my packet rightaway!

    OR
    3) should such people just wait hoping they will receive an RFE (I don't like this one at all) whenever the case is opened? For initial evidence items I believed that it would be automatically rejected if not included, HOWEVER, with the new press release from USCIS on July 23, if i-485s WITHOUT medical reports will be accepted, then what is an employment letter?I hope that is true. AILA seems to be working on this. I am happy to believe it if USCIS issues a press release to that effect... high hopes:-)

    pls find above the answers.





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  • injrav
    03-12 11:06 AM
    I support this.

    I think its good idea





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  • tooclose
    07-12 06:59 PM
    That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
    Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.

    You deserve a happy hour if thats true, since my PD falls within that window :)





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  • piperwarrior
    07-16 09:55 PM
    The point is not about changing NumbersUSA supporters (that will not happen). The idea is to discredit this organization in the same publications that have profiled them (i.e., NY Times and LA Times) and show that their arguments don't hold water.

    We all know that people on H1 status pay federal,state and social security tax. So I checked IRS site and searched for H1B. They have couple of links that shows H1b should pay tax. My point is everyone knows IRS and they know how much they go after people who are not paying taxes. If we can point to IRS which itself states by way examples that H1B should pay tax then at least the fence sitters will not jump on their side. I doubt if hardcore NumberUSA supporter will believe this anyway but we need turn the fence sitters around which may be the majority.

    Here is the first one:


    I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?

    Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.

    Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10

    http://www.irs.gov/businesses/small/international/article/0,,id=129428,00.html

    Example 8.

    Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.

    What kind of federal income tax returns will he file for 1999 and 2000?



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  • onemorecame
    09-14 01:22 PM
    I am current on this month of sep, Online status change to RFE on Sep 10. 2010
    I feel its could be due to change of state(relocation) after filling i-485. but not sure..


    Please share your RFE/view





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  • seahawks
    07-26 08:49 AM
    are they encouraging prinicipal aliens to "batter" spouses, so that they will be given permission to work:) Isn't spouses not able to work a pain by itself? Geez



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  • GooblyWoobly
    01-16 06:09 PM
    See buddy, there are some people who will cry whatever scenario they are in, and some people who will laugh and be happy in whatever scenario they are in. The key to optimism and happy life is to find someone who has it worse, and realize how fortunate you are. At least you are not having to live in the slums of India. At least you are not having your daughter breathe the polluted air of an Indian metro. At least you have a healthy family and no medical emergencies to worry about. Enjoy what you have got, not crib about what you've got.





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  • rkay
    05-23 02:16 PM
    That is what these computer workers do. Go to forums, steal code, copy that at the appropriate place, change variable names and screw up all the copyright issues.
    Thank You ! That was a good peek into your level of knowledge and understanding. No wonder you are always jealous of IT guys.



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  • alisa
    01-27 11:25 AM
    Man....

    That will screw the ROW (where I am from) up like India.

    I hope we can increase visa numbers for all instead. I will be soo soo sad if per country caps are removed without an increase in visa numbers. :(

    (And you guys will be just a little little happier.) :)


    I went back and reread the July 2001 Bulletin.
    How difficult would it be to lobby for extending the same logic for removing per country cap ? I am sure removing 7% cap would definitely help.

    Also since EB3 World has a cut off does it mean that no visas will be left from the world pool which can be recaptured ?





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  • abstractvision
    03-19 09:02 PM
    Lets review this whole page. Assumptions...and inferences...not sure how many are true and helpful. I will abstain from commenting anything.



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  • jungalee43
    02-06 09:37 AM
    Though I am posting very late, I fully agree with the intent of the thread starter. If there is anything that we can convince the "balanced" law makers, it is the discrimination based on country based quota.
    A person with certain skill set brings same and equal benefits to this country. S/He is hired because the economy of this country needs him/her. Then why issue green card to one because s/he was born in XYZ country and why ask another to wait almost endlessly because s/he was born in ABC country. This is absurd, unjust, unfair and discriminatory, particularly considering the values that United States respects, believes in and follows.
    We can sell only this one point to law makers. Selling an idea on how much benefits we bring to this country, and if we can buy homes with 20% down payment, is like waking up a person who is pretending to be asleep. They have decided not to buy that argument no matter what. And then there is Dick Durbyn, Grassley, Jeff Sessions, Steve King and many like them...............





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  • alex99
    10-16 10:33 AM
    Please participate in EB3 Poll



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  • gcma08
    06-06 07:44 PM
    My PD is Jan 2004 (EB2-RIR, India), I filed thru NSC

    Which service center are you form?





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  • NKR
    10-16 05:04 PM
    I think you know pretty well what I am talking about. USCIS has not "reacted" in any malicious way against the immigrant community wrt. to July 07 actions. If you find they have done so they will be severely answerable to various laws in the country. Do you think the lawyers will keep quite when they sense blood in the water? There has been no "reaction" by USCIS, except as a figment of imagination in the minds of this community.

    What happened to your sense of judgment, whoever said that USCIS is doing it maliciously? They reacted for sure but within legal boundaries. I do not understand why you keep twisted people�s answers.


    USCIS has always gone by RD, not PD to a large extent (there have been deviations here and there, but none of them are due to policy issues).

    That is exactly I am saying, I am asking why should it be this way, this is totally wrong. They should go by PD. Even if my application was not moved to another centre mine still would not have gotten approved because I applied in Aug and not July. I mentioned that to tell you that I have to wait even more now.

    Now if you ask me why I applied in Aug and not in Jul, it is because my family was not in US at that time. If you had told me beforehand about the impending fiasco I wouldn�t have sent them in the first place. I had to call them back and cancel my trip spending hundreds of $s.


    PD based processing is not sustainable as I had highlighted before. If you applied for 485 before someone else, you should be approved first. Now I am saying applied for 485, not Labor/Perm. Now dont come back with a post saying I applied July 2 00:01, but someone with July 3rd 23:55 is getting approved before I am. Afford some granularity of a week or so.

    Why is it not sustainable, now you are defending something that is wrong, why should I have to wait though my GC was started ages before?


    I did not say USCIS is "doodh ka dula", but DoL and USCIS are two different entities. You cant blame one for the problems of the other. USCIS has its share of blames, but to blame everything on USCIS just shows that you have lost your objectivity. You don't want to be blamed for the actions of your colleague, so why do you blame USCIS for things which are not their doing??

    Just because I said USCIS is doing something wrong (not following processing order..) doesn�t mean I said that DOS did something right.. you keep assuming things..



    If you keep blaming USCIS for everything (I am sure some of you want to blame the economic crisis, the Darfur issue etc. on USCIS too, come on!, you know you wanted to ;) ), the community's credibility comes into question.
    Again you are running your imagination wild, who blamed all the other things on USCIS?..


    End of the day, you (and/or others) are distracting the OP's idea with FUD. If you have constructive ideas to channel OPs enthusiasm you should suggest alternatives. Not make her/him fearful with untenable accusations of retribution from USCIS.
    Dude, show me one post of mine which said anything against the idea. I even gave a green for what he is trying to do, at least he is doing something while the rest of us are watching�.



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  • ashkam
    12-21 07:46 AM
    Now I am really afraid. G-325 form has section to provide last 5 jobs. Since I had a gap, I didn't provide the details for the year 2001. I am royally screwed now! :(

    G-325 does not ask for last 5 jobs, only last 5 year jobs, so you should be okay.





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  • StarSun
    03-18 10:25 AM
    VA/MD/DC members, please step up and contact sukhwinderd for hosting members. He is keeping track of people wanting to host and people requiring hosts...........

    There are a lot of people from far of states asking for hosts. These guys will only need a place to spend the night and a shower in the morning....Many of the VA/MD/DC members who have registered can just take one or two of the members home....



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  • capriol
    04-25 10:55 AM
    Dear Googler and others:
    Since there has been some confusion about the receipt date versus the notice date in terms of the centres processing the 485s for final adjudication, my query is that which date (the receipt or the notice date) actually determines processing? Kindly let me know. Thanks.





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  • ramus
    07-03 05:10 PM
    Thank you.. Also please take part in media coverage thread...and also ask other members to contribute.



    Contributed $100 for the lawsuit.
    Confirmation Number: 40W931175C853351T.





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  • iamgsprabhu
    10-15 02:55 PM
    Kindly download the Attached Doc.





    logiclife
    12-20 07:14 PM
    Thanks for the clarification, Logiclife. I enter U.S in the first week of Feb, 2001. The economy was bad and I didn't manage to get a job. In fact, I didn't managed to get a job for a year. My then employer didn't revoked my H1B and the I-94 was valid until Oct, 2002. I didn't know that I was out of status till now. I don't remember seeing any section in I-485 form, asking for information about out of status. I did attach my previous H1-B approval notice(2000 -2002) while filing I-485. One thing I want to know is, did anyone got a query(RFE), asking to provide all W2 forms since their entry into this country? I am interested to know that.

    Ok, yes, I think you're right. On 485, it doesnt ask about whether you were out of status in the past or not. Its on 485 supplement A , which is used only if you are applying for adjstment of status under section 245(i). Obviously you havent applied under 245(i) as the deadline for 245(i) was April 30 2001 and that is a history now.

    Ok, so great. They havent asked and so there is no wilful misrepresentation. In that case, just stay put and hope that they dont find out.

    Regarding the chances of them asking for w-2 and paystubs, I honestly dont know, but it is not rare.

    If they ask for last 3 years or last 4 years of W-2 or paystubs, then you are fine, because your out-of-work period is ancient history now.





    chanduv23
    04-09 10:40 PM
    We are not saying that they are not doing their job well. We just want better visibility to plan our future. I want to buy Hose which has substancial investment, can I buy during this uncertainity, may be.



    Buying a hose is not substantial investment. It may cost $20 to $50 based on the length you need



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