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Sunday, June 19, 2011

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  • luvschocolates
    06-29 11:00 PM
    I got the exact same letter today, except mine says below "CANCELLED", that I am to appear on July 9th at the Jacksonville FL. office at 8 am. - so is it cancelled or not?

    I spent 45 minutes calling the stupid 800 number on the notice, wasting time pressing numbers 1-9 and never getting a human being on the phone to find out what was going on. Needless to say I was extremely frustrated by the time I just pressed 3, which was supposed to be for a change of address, but I finally got a real person on the line and she managed to transfer me to the right department.
    When I finally got to speak to someone there, this woman was as confused as I was and nothing was resolved. She said that the July 4th holiday affected appointments from July 5-8, but that doesn't include my appointment date. She finally said she would forward the issue to her supervisor and have her contact me to sort this out. I have not heard anything yet so I have no clue at this point what is going on and if I need to show up for the appointment or not.
    I have to travel approx. 3 hours each way to get to Jacksonville and I made that clear, that I was not willing to waste time getting the folks I live with to drive that distance when they are elderly and disabled if I wasn't meant to be there.
    She was very nice and very understanding but unable to resolve the problem so I wait for the supervisor I guess.
    Does anyone else have a clue what happened or why this sort of confusion went unnoticed? I mean, anyone reading the notice I got would go :confused:

    I'm hoping they will get back to me tomorrow cause the appt. date is not far away and there is no way I will miss it, not after waiting 2 years just to get some feedback on the status of my application.





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  • rkat
    08-17 07:23 AM
    Thanks everybody for ur help...! One last Q that i guess i have is - Now that i have a RECEIPT # for the new H1....does that mean that my case for H1b will surely be approved..? Are there folks out there whose 129 has been rejected or basically who did not get approved for H1 INSPITE of having a RECEIPT #..?

    I ask this because in the few weeks what happens if my case is rejected ...that way USCIS will REFUND back all the fees to the petitioner....The contracting company will get back the fees from USCIS....Is there a possibility that USCIS may not approve my case NOW...?? I see the contracting company getting thier money from USCIS and from us...basically prifiting from both side if case is rejected.!!!

    Thanks!





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  • prouddesi
    10-16 11:57 AM
    ^^^^^^
    Hello Folks,

    We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.

    Venue: Diwali Mela, San Diego.
    Date: Saturday, November 10th.
    Target: A whopping 5000 visitors for recruitment and educational purposes.

    I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!

    PLEASE SIGN-UP on the yahoo groups spreadsheet.

    Thank you in advance! :)





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  • shsk
    07-19 11:35 PM
    I agree with you, if it takes more than a year, do we have to stay in the same apartment, there should be some workaround (without any pbm)



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  • BadDeal
    05-20 05:02 PM
    Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.

    If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).

    My situation is

    Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.


    Hello,

    I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.

    Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?

    Thanks!





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  • simple1
    05-12 12:41 PM
    Thanks a lot for the thoughts. The same logic will nullify the ebdependent to qualify for ebquota. How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications).

    Take an example:
    H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1 (dependent gets L2) the quota doesnt apply in L1.


    If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.


    Yes, I don’t agree with you on the interpretation linking ebdependents with ebquota.

    Please note: My primary argument here is "ebdependents out of ebquota". I really don’t care where ebdependents belong as long as they are not counted in ebquota.

    I am already in "Ask an Attorney" forum and want to hear attorney’s thoughts.
    Please comment only in the member and donor threads and Let us keep this for Attorney only.



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  • walking_dude
    01-18 04:13 PM
    Great post. Timely too since, most of us here, need to renew EADs/APs soon; keeping the typical 3-4 months of USCIS delay in mind.





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  • tnite
    07-19 10:14 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


    For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.

    There is nothing to worry about in your friends case.
    If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
    As a resident tax filer, these are some of the advantages.
    I dont understand why your friends are worried about this.

    check this out (http://www.irs.gov/taxtopics/tc851.html)

    --------------------------------------------------------------------------

    Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

    You are considered a resident alien if you met one of two tests for the calendar year.

    The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

    The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

    A foreign government–related individual,
    A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
    A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
    A professional athlete temporarily present to compete in a charitable sports event.
    -------------------------------------------------------------------------

    Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.



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  • god_bless_you
    04-06 02:11 PM
    Thanks god_bless_you for you response. So it appears that I either have to have a valid H1 or EAD on hand in order to work.

    If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.
    I am sure on that.. Please check with a Immigration attorney!





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  • duttasurajit
    10-17 11:41 AM
    Hi,

    My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?

    Thanks,



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  • Macaca
    03-28 04:27 PM
    A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.

    You can do labor certification without H1 as long as employer is willing.





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  • anemmani
    01-04 10:11 AM
    H1B is considered a dual intent visa and spouses of H1B beneficiaries have a difficulty proving non-immigrant intent that is required for F1. If the primary applicant has I-140 approved, it is even more difficult. As a result, my wife did not pursue the F1 option. Instead, she is enrolled in college as a H4 dependent. H4 dependents under certain circumstances are eligible for instate tuition. However, they are not eligible for teaching & research assistantships. They are also not eligible to OPT (because it is a form of employment.)

    Nag



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  • jonty_11
    12-15 10:34 AM
    recommend them to talk with some good immigration attorney rather than going to websites....u can point themto uscis website explaining H1B program , just google it.





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  • ski_dude12
    04-01 05:51 PM
    Why did you not stick with the approved labor with company A, thus retaining the priority date of Nov 2006???

    If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.



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  • sam_hoosier
    06-22 04:34 PM
    Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?

    If you are just looking for the least expensive option, try CVS. The pics dont come out bad ;)





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  • vikramy
    11-19 07:39 PM
    ^^^^



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  • amslonewolf
    08-21 11:03 AM
    Is calling them and paying by the minute any better at getting an appointment..





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  • gsc999
    06-15 03:06 PM
    its 11 digit the alien number on ur I94 card.
    ---

    Sorry for a follow-up dumb question:

    Is this the I-94 number on the H1-B visa or the I-94 departure number on the card attached with the Passport?





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  • webm
    04-08 11:10 AM
    Please see my signature for details.

    __________________
    PD - Oct 1st 2001
    140 AD-Sep'2005
    I-485 - RD - 2007 June 25th.--TSC





    starone
    10-29 11:52 AM
    Lazycis,

    Can you share here or by pm the letter which you wrote to revoke your previous Attorney? I am also in the same boat where i want all my correpondence sent to me.





    chaukas
    10-15 01:39 PM
    I work for a large ( very large ) software company ( No its not MSFT or Oracle ).
    We have quite a few interns from India and they don't even talk about working here. Their goal is to do a masters and go back to India.



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