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  • divs09
    06-19 12:55 AM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

    Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
    So i don't fall under New H1 Quota, i.e H1CAP
    keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

    On May 21st 2009, i received a letter from USCIS
    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
    Third Query is should i apply for a new H1 and continue working.

    Please advice me on this issue.
    Hoping to hear from you Soon.
    Thanks a lot for your help,




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  • Jyotsna
    08-17 07:46 PM
    "Plan and direct " are the key words here. Being in the same space, I know it is similar. But don't take my word for it.
    Hi joydipatic,
    I have a question shall appreciate a reply. My job code as it appears on the labor certification is from Dictionary of Occupational titles.. 077.127.014 Can I move to 077.127.022. Thanks in anticipation.




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  • bpratap
    02-03 11:05 PM
    Juz curious if there is an option to get a Visitor visa without attesting the interview at consulate.

    some Travel agents have told My brother in law that they can arrange for Visitor visa without going to consulate. To my knowledge its not possible. one have to attend an Interview at the consulate and do finger prints to get a visa.

    Anybody have any similar experience / information ?




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  • simon03
    07-14 12:24 PM
    Can someone please confirm the renewal fee required for EAD application (I-765).

    My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
    However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.

    My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.

    In 2008, I paid the renewal fee when I applied on my own.

    My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do

    1. Is there a chance that my EAD application will be approved without fee ?

    2. Should I just send checks and write cover letter on why fee is required ?

    3. Should I send another application, but this time with the fee ?



    Should I



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  • lskreddy
    11-18 07:20 PM
    Do not mean to hijack the thread but the question hopefully is related.

    When I submitted my 485 application, my wife and I requested just the EADs. We have the receipt notice as well as the EAD in our hands. Our FP is done as well.

    We are now submitting our AP applications. If anyone has submitted late like myself in the recent past, I would appreciate this information.

    1.) Could anyone let me know the appropriate documents for this?
    2.) Also, what are the fees associated with it, especially with all the old vs new stuff?

    Thanks much.




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  • masterji
    04-02 04:44 PM
    Are you sure that it needs to be done on stamp paper? I just notarized them from India on plain paper.

    I got exact query.

    All you need is Affidavits from you Father, Mother and any other close relative. Ask them to go to your local court house. There will be people sitting there who do prepare affidavits and notarize them. They need to do it on 10 Rupees stamp paper and get it notarized. They shall have the date of birth affidavit template at court house.

    Once they have them, ask them to scan and send them to you to save time. Also ask them to DHL the originals so that you could recieve in 2 or 3days.



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  • rajuram
    01-14 08:34 PM
    AP is taking around 1.5 to 2 months at TSC. Mine took 7 to 8 weeks, filed nov 1, apprvd dec22.




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  • indyanguy
    01-30 07:59 AM
    Bumping for help . Thanks



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  • skothuru
    06-21 12:03 PM
    Congratulations!!!!!

    Would you plz confirm us on the Birth Certificate?

    Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.




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  • Fran
    08-14 11:57 AM
    Similar threads have been started before as lot of LUD's have been seen on 07/22 07/28 08/05 and 08/12. I think concensus was that this has nothing to do with 485 data entry as check cashing did not match the LUD dates. But interesting pooint raised in this thread that it might be about which july apps to batch transfer from LIN to SRC. 07/22 might be around the time when LIN started to look at first few july filers apps.



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  • gimme Green!!
    07-12 02:43 PM
    Lot of times, I scan through the main threads, and only login if I have read some 'secret "for members" only' stuff, or have to post. :)
    A lot of the 1300 could be like that too.

    There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.

    Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.




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  • Ramba
    09-25 07:11 PM
    Thanks for the reply. My lawyer told me that she has seen a case when the green card application was accidently submitted with a copy of an expired passport, and there wasn't any problem. However, she's not certain if this is what happens with every application submitted with an expired passport.

    Could someone with experience related to this please reply? I'd really appreciate it.

    Passport is a just a travel document to enter. Once entered legally, passport has no importance for immigration (GC) purpose. There is no need to renew the passport, unless you plan to travel. In fact, you dont need a passport to enter USA, if you have Green card. The important thing is that you have to always maintain legal status in US. If you are in non-immigrant status, you have to watch for I-94 expiry, and renew them on time. Not the passport. If you are apply for GC, USCIS want to confirm that you entered the US legally with valid visa and maintained your legal status in US. They dont care about the expiry of ypur passport.



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  • ak_manu
    09-17 01:37 PM
    Also make sure you DO NOT FLY British Airways as you would need Transit visa with expired H1 stamping. Suggest to renew EAD. Consult your lawyer.




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  • gcgreen
    07-07 05:07 PM
    I do not know authoritatively if this is so. But logically speaking, I see no reason why not. Asking a CPA is probably the best way to go if you really want to do it only the withholding route. Many times a CPA will give you this advice free of cost. Also you can ask the tax guy at bankrate.com or some other online source where some tax expert answers questions.

    The way I see it, as far as IRS is concerned, by the deadline dates, they expect to receive the right amounts of money. Withholding is one way, estimated taxes is another.

    Also, one thing I forgot to mention in my previous post, make sure you also pay for her social security, medicare and state tax.

    Social security is 12.X % and medicare is 1.5% (please verify from authoritative source), so setting aside 14% for this is a safe thing to do.
    CA state tax is 9.3 % (again please verify because this varies based on your combined income)


    As we file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my employer(w2 based) withhold more money from my paycheck every month?

    Would this extra payment through this channel suffice for the purposes of estimated payments?



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  • leoindiano
    08-01 03:06 PM
    these 4 are already there, Looks like some consulting company duped USCIS and Obama...

    * A customer-centric home page that provides applicants with a �one-stop shop� of immigration services information.

    entering all your cases under one login, this is already there....

    * Simplified navigation and improved search capability.

    this may be new

    * Enhanced customer service tools including expanded Case Status Online with both email and text functionality.

    email and text, this is there already, what they really improved...


    * Information that is written clearly and meets the needs of our customers.

    we have to wait and see..




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  • newbie2020
    07-07 01:52 PM
    Generally you need not pay the taxes right upfront, However if at the end of the year when you file your taxes, if the IRS determines that you owed lot of taxes and you hadn't make any advance payment it could create lot of issues,

    Also imagine getting a tax bill for $$$$$ at the end of the year and you need to shell out right huge amount instead of making a small installments (Similar to the W2 withholdings )

    Better choice, Make an advance tax payment, it would reduce the tax burden at the end, You may also get a refund.....

    You can make the advance payment by getting an voucher and filling the details...., It need not be in both names, it can be just in your wife's name.

    Again it doesn't matter how much you want to pay up...Pay like 3-4K per quarter and you are good...At the end of the year if you owe any additional amount you will pay it else if you made any extra payments you will get refund

    All of it is just one single payment, Nothing to separate



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  • knowDOL
    08-04 09:50 AM
    Are you trying to substitue this LC that requires BS + 3-5 years or MS + 2 years? If so, and if you have not got answer to your question, the job requirements you posted qualify only for EB3 and not EB2 though you have MS. The labor should either Ask MS + 0-5 years or BS + 5 years to be qualified as EB2. EB2 and EB3 category does not depend on what you possess and only depends on what the job requirement is. So, BS + 3-5 years means BS + 3 years is also acceptable, so it goes into EB3.

    and if you change company without substitution and apply in EB2 fresh and not substitution, you will still be able to port your EB3 PD which is JAn 2004 to your EB2 so thats good jump. Or if you have good relation with your current employer ask him to sponser and EB2 as you already have MS. that will work too.

    Hi,
    I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).

    This is just a part of the job description:

    - BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.

    Thanks.




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  • qasleuth
    04-27 01:08 PM
    Maybe you should combine his/her statement with body language. Did the IO raise the eyebrows, smirk, frown etc and word-smith the statement. Was it 'pre-adjudicated' (past tense) or 'will be pre-adjudicated' (future tense) or something else. 'pre-adjudicated under review', first half is contradicting the second half of the statement. 'Pre-adjudicated' could mean everything is clear and waiting for a visa number. 'Under review' could mean something else...additional review ?

    Kidding apart, Your guess is as good as mine. Do not tie yourself up in knots. It is such a black box, you've been around these forums, nobody knows for sure, anybody can hazard a guess.




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  • snathan
    03-28 12:33 PM
    Thanks, but will there be any charges against me for not filing the taxes before.
    WIll it effect my immigration status.

    I am not sure...check with a CPA.




    vxb2004
    04-28 08:29 PM
    If you dont mind, can you keep us updated.
    I will really appreciate that.

    Sure I will. Hope this soft LUD is not a big deal.




    India76
    07-16 04:58 PM
    I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?



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