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  • jayleno
    12-02 05:44 PM
    For H-1 extension based on Labor, the filing date is considered. The filing date has to be more than 365 days.
    I have a question..
    Applying labor before 365 days of H1 expiry is enough
    or
    Approval of labor before 365 days of H1 expiry is required
    for getting extension of 1 year on H1 visa ?




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  • vin13
    07-01 02:10 PM
    I am not sure if this is what you are looking for...please check this. It says someone on "Parole" may be eligible non-citizen.

    Source:Completing the FAFSA 07-08/The Application Questions(14-31) (http://studentaid.ed.gov/students/publications/completing_fafsa/2007_2008/ques2-1.html)
    Citizenship status. You can receive federal student financial aid only if you are a U.S. citizen or an eligible noncitizen. If you have changed from a noncitizen to a citizen and have not informed the SSA, contact the SSA to update your status. Otherwise, the SSA may report that you are not a citizen, and you will have to provide citizenship documentation before receiving aid.

    For financial aid purposes, an eligible noncitizen is one of the following:

    A U.S. permanent resident who has a Permanent Resident Card (I-551 or I-151)
    A conditional permanent resident (I-551C)
    A noncitizen with an Arrival-Departure Record (I-94) from the Department of Homeland Security (DHS) (specifically, the U.S. Citizenship and Immigration Services) showing any one of the following designations: "Refugee," "Asylum Granted," "Parole" (the I-94 must confirm 'paroled for a minimum of 1-year and status' has not expired), or "Cuban-Haitian Entrant"
    If you are neither a citizen nor an eligible noncitizen, you are not eligible for federal student aid; for example, you are not eligible if you are in the U.S. on one of the following:

    An F-1, F-2, or M-1 student visa
    A J-1 or J-2 exchange visitor visa
    A B-1 or B-2 visitor visa
    A G series visa (pertaining to international organizations)
    An H series or L series visa (allowing temporary employment in the U.S.)
    A "Notice of Approval to Apply for Permanent Residence" (I-171 or I-464)
    An I-94 stamped "Temporary Protected Status"
    However, you may be eligible for state or institutional aid and may therefore wish to complete the FAFSA to apply for that aid. If you are completing a paper FAFSA, fill in oval C. On FAFSA on the Web, indicate that you are not a citizen by using the drop down menu. Please note, however, that if you do not have a Social Security number, the processor will not process your FAFSA. If you are in this situation, you should contact your school for information on how to proceed.




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  • ABC of GC
    06-08 06:30 AM
    Its not abt H1-B abuse, its abt the way it was brought up. Instead of looking into his own house (USCIS and DOL) Sen.Durbin held Indian companies responsible and almost started bashing them. Little did he anticipate that they will come back in this way.

    H1-B abuse is a different issue. Sen. Durbin should have looked into rulemaking part of the game than bashing players of the game.

    When the US was instrumental in doing WTO negotiations during late 90's (BTW-your's truely grew up during that period witnessing this through newspaper articles - was an exact reversal of roles played by India and US then)they never realized that globalizing markets would lead to globalizing labor market also. Now, IT has become a virtual industry with a pretty much open labor market. Professionals making Rs.50000 ($1200) are competing with those making $5000 a month. US politicians made a classic judgement error in 90's. Now, protectionist measures are being brought in by the very same people who championed globalization for a decade.

    The letter puts things in perspective for sen. Durbin. It seems to carry a veiled warning about backlash of these protectionist measures on the US companies doing business in India. Starting from McDonalds,subway,coke (now even Walmart) to Ford, GM, IBM, Pfizer, Merck, Novartis, Abott, J&J, JP Morgan, Bank of America and many more have huge business interests in India. The size of Indian market totals upto atleast 0.8 billion human individuals with need for housing, auto, computers, electronics, healthcare, finance, consumer products etc. Losing an inch of it can make an international co. nervous.
    As far as Indian consumers go they now have options- British, German, Japanese, French and now even the Indian companies.

    Durbin tried to scare a cat, unfortunately for him it turned out to be a big wild cat- aTiger.

    Well Said




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  • RajWantsGC
    05-21 11:19 AM
    well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.

    browncow, thats what I heard from IO in info pass that we can file EAD when appeal/MTR is pending with uscis and I485 is in denied status. Do you know that any has got EAD based on the above scenario?

    Thanks
    Raj



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  • fortune50
    07-17 09:24 PM
    Hi,
    My I-140 approved in TSC( premium processing)
    My Attorney sent my I-485 on July 2 to TSC
    my labor approved from Wisconsin
    but I read somewhere all applications needs to go to NSC , is it true?
    I greatly appreciate your help




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  • guyfromsg
    07-17 09:50 PM
    Hi,
    My I-140 approved in TSC( premium processing)
    My Attorney sent my I-485 on July 2 to TSC
    my labor approved from Wisconsin
    but I read somewhere all applications needs to go to NSC , is it true?
    I greatly appreciate your help

    Lawyer says that should not be a problem. My 140 is pending in TSC, could that be a reason don't know.



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  • lost_in_migration
    05-15 12:33 PM
    Is there already a poll like this for EB3?




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  • paskal
    12-21 11:11 AM
    we will be delighted to have you folks joining in



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  • hopefulgc
    08-21 11:26 AM
    Man, I lost my patience with them long back.
    My case is NSC-EAC-NSC
    I keep a log of anything "useful" I am told every time I speak to them. And usually, the first few mins are wasted in them giving me wrong info, me telling them what they told me last time and them finally agreeing with it after re-checking their screens.


    btw .. it is indeed super-frustrating and unacceptable they way they are bouncing your case around.
    Why is USCIS forgetting that we are paying for their third grade services?




    I broke my politeness today.USCIS inconsistency broke the limits for me.

    My case was filed in Nebarska then tranferred to Texas then as soon as the priority date became current, last month, it was transferred to California.

    I talked yesterday to customer service and it by chance got transferred to California Service Center where the officer told me that my case was transferred back to Texas Service Center on August 14, 2008. She also told me to call TSC to confirm it.

    I called today the National Customer Service Center (NCSC) to confirm it and the lady tells me that the case is still in California and she has no more infomation about it. I told her about my call yesterday.

    Lady: How could you have ever called CSC because their phone numbers are not public
    Me: I called the same number and for some reason it got transferred to CSC.
    Lady: Then you have already been told that your case has been transferred back on Aug 14, what do you need now ?
    Me: The website does not show that. Plus the officer yesterday asked me to confirm it which you are not doing, you are just repeating my words about my conversation. There are so many inconsitencies . You told me just now that my case is still in California.
    Lady: Can you please hold for a moment.
    After hold:
    Lady: I just talked to my supervisor, if the website says it is in California then it is California. Is there anything else I can help you with ?
    Me: I do not understand "To speed up processing " clause in the reason to transfer it to california. It has been transferred from the center which is processing 485 applications to the center which is not processing applications. So the clause "To speed up processing" is so inconsistent.
    Lady: Sir, we cannot tell you the reason why do we transfers
    Me: But you have already told me the reason in the written notice as "To speed up processing"
    Lady: It is not "To speed up processing " it is "for processing". Is there anything else that I can help you with ?
    Me: I hang up the phone.




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  • needhelp!
    03-24 12:18 PM
    Windows Media: http://wamu.org/audio/wamu.asx
    Real Audio: http://wamu.org/audio/wamu.ram
    MP3: http://wamu.org/audio/wamu.m3u

    Guests:
    Robert Hoffman, Vice President of Government and Public Affairs, Oracle

    Ron Hira, Assistant Professor, Public Policy, Rochester Institute of Technology; Author, "Outsourcing America: What's Behind Our National Crisis and How We Can Reclaim American Jobs"
    Mark Bartosik, Software Engineer; Member, Immigration Voice



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  • royus77
    07-17 10:59 PM
    The link is not working
    http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf




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  • a_yaja
    01-16 09:17 PM
    Hi,

    How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?

    Also,

    8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
    3 Months of the H1B was in Chicago.

    Can I use Turbo Tax to file my taxes or should I go to an accountant?

    I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".

    I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.

    Thanks,
    Deejay

    There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms). When you were on OPT, Social Security and Medicare should not have been with held from your paycheck. If it was, then you need to ask for refund of those taxes from the employer who with held that tax. As far as Cincinnati and Chicago are concerned, nothing special to do for Federal Income tax. However, for state income tax, you will have to file income tax for both Ohio and Illinois as part year resident.

    Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.

    All my initial filings were 1040 NR EZ and so I really did not need any help. In 2005, I got my tax done through IBSN (really horrible experience and I don't think I will ever go to them again) and have used that as template for next year (not much change in my details other that annual increase in salary). Nowadays I use Tax Act standard (standard version is free and also does a free eFile). I have found TaxAct to be really good (even better than IBSN - in that no money charged & spit out the same forms as IBSN preparers) but it asks too many questions which can at times be confusing (at such times I ask my friend google.com). Turbo tax might be a little bit more user friendly, but I suspect like Tax Act it will ask a lot of questions too (and it has user friendly wizards like Deduction Finder, Deduction Maximizer, etc - everything that Tax Act has too - but without any fancy names).



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  • meridiani.planum
    06-15 11:10 PM
    I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
    If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
    Has anyone else gone through this confusion? What are the things to keep in mind?
    Is there a special need how the job requirement should be?
    Please advise.
    Thanks

    education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

    You can potentially get two questions in the RFE:
    - why does the job need a Masters (EB2 justification for LC)
    - why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

    Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?




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  • guygeek007
    11-04 01:17 PM
    Update : My 140 got approved on Oct 31 @ NSC after ability to pay RFE was addressed with CPA eval documentation. Thanks for all your assistance and support!



    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.



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  • anindya1234
    06-01 03:27 PM
    By the way..my petition was not endorsed by IV when I first floated it...so it should not be treated as an official action/petition by/from IV




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  • gg_ny
    06-22 10:34 AM
    It only makes sense to use RD when PD is current or has moved up. But the order of processing is not just RD but other factors like fingerprint, name check etc. as discussed in other mails.

    Although I opened a new forum, I am posting my request here: please post your EB2 approvals, if any, with PD and RD and the country of origin.This would help to fine tune others' expectations of completion of their cases.
    -g

    I agree, but with a little change.

    With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.

    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
    -------------------------------------
    Permanent Resident since May 2002



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  • villamonte6100
    08-21 09:39 AM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.

    Do you still need to go for an interview? I just wanted to know and what kind of questions they ask during the interview. You could provide us with very helpful tips and what to expect.




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  • PierceG
    05-31 05:06 PM
    They're all very bad. Soul's is worst.
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  • vroapp
    12-08 08:10 AM
    McConnell, Mitch- (R - KY)
    (202) 224-2541

    Bunning, Jim- (R - KY)
    (202) 224-4343




    amsgc
    04-02 08:27 PM
    Hi Bhayzone,

    Allow me to help you a bit here...

    First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:

    1) The new application should not be counted against the yearly H-1B cap.
    2) Your current H-1B status be "extended" in the US
    3) Your wife's H4 status be "extended" in the US

    Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)

    I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.

    All this is doable because you can:
    1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
    2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.

    Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!

    Good luck!

    Ams

    Hi,

    My wife is on an H4 and we're planning to change her status to F1.
    Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
    I will very soon be transferring my H1 to a new company.

    I am worried about the implications this might have on the H4 to F1 transfer.

    1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.

    2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).

    3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.

    All advice/suggestion would be really appreciated.




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