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  • iv_newbie_2007
    09-17 11:28 AM
    Many people here believe that if a person on H4 has an approved H-1B w/ COS from Oct 1, and that person does not really work starting from Oct 1, then he/she falls out-of-status. In our case, my wife is on H4 currently and I am on H-1B, and both of us have AOS/EAD pending.

    Now, if she works for 1 month and decides to take a break, and stay home on EAD, is she still out-of-status?

    I must be missing something here; because I was under the impression that if a person (derivative, and not primary applicant) has EAD, then it does not matter if he/she works or not. Then how is it that the person can fall out-of-status he/she does not go to work from Oct 1 even though H-1B w/ COS is approved?




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  • h1techSlave
    04-02 03:30 PM
    Did your status change after submitting the affidavits?

    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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  • krishnam70
    05-05 01:47 PM
    Hi All,
    Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
    1. Can we ourselves respond to the RFE and save the $400.00,
    2. If so, What's the process and what documents that we need to send to prove that we are still married.

    Appreciate all of your help in this regard.

    Thanks

    http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Bonafide_Marriage

    -cheers
    kris




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  • newuser
    10-05 10:50 AM
    Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.

    Its a ploy to keep the immigration community at peace. I don't have high hopes for CIR until 2011. One thing we can keep doing is meeting the lawmakers and making them aware of the issues facing High Skilled Immigrants.



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  • tanaysengar
    02-22 05:15 PM
    I turned out to be my I-485 approval notice!

    I just received it yesterday.

    Thanks all.

    Freedom1.

    ---------------------------------------
    Freedom1 - I received similar message and since I moved, I have not got any notice from USCIS. How long did it take for you to get the notice? Did the notice tell to complete any formalities at your local USCIS office?




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  • sachug22
    07-21 05:12 PM
    As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?

    The gold coversheet is sent to lawyer, you only get a copy of the RFE letter. You can still respond to RFE without this letter just make sure you provide all the details (Receipt number, Alien number, RFE refernce, copy of RFE) when responding to this RFE.



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  • LloydsApple
    11-11 06:04 PM
    that's what I thought but she has dealt with a lot of bs with all this paperwork so it is nice to have additional insight to ease traveling worries. Thanks!




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  • shishya
    04-30 12:59 PM
    Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.

    I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.

    Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing :(



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  • eb3_nepa
    08-13 09:39 PM
    Last week we all got the LUD of 08/05/2007 also a Sunday. My lawyer said maybe it was a mass update, but now I am beginning to wonder if that is the case.

    Now this is a THEORY but what if every Sunday they are updating the packages being sent from NSC to TSC. The very fact that there is an LUD update means 1 important thing

    You are not a concurrent filer.

    Maybe it is my wishful thinking, but i feel that seeing mass LUD updates on 2 consecutive Sundays is too much to be a mere coincidence.




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  • centrum
    06-05 03:09 AM
    I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.

    I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.

    After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.

    Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)

    Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.



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  • stucklabor
    02-04 04:51 PM
    Behind Bush's New Stress on Science, Lobbying by Republican Executives

    Article Tools Sponsored By
    By JOHN MARKOFF
    Published: February 2, 2006

    SAN FRANCISCO, Feb. 1 � President Bush's proposal to accelerate spending on basic scientific research came after technology industry executives made the case for such a move in a series of meetings with White House officials, executives involved said Wednesday.

    In his State of the Union message Tuesday evening, Mr. Bush called for a doubling within 10 years of the federal commitment to "the most critical basic research programs in the physical sciences."

    The president's science adviser, John H. Marburger III, said Mr. Bush would request $910 million for the first year of the research initiative, with a commitment to spending $50 billion over 10 years.

    Computer scientists have expressed alarm that federal support for basic research is being eroded by shifts toward applied research and shorter-term financing. But in his speech, Mr. Bush pointed to work in supercomputing, nanotechnology and alternative energy sources � subjects that were favorites in the Clinton administration but had not been priorities for the current White House.

    What was different this year, according to a number of Capitol Hill lobbyists and Silicon Valley executives, was support on the issue by Republican corporate executives like Craig R. Barrett, the chairman of Intel, and John Chambers, the chief executive of Cisco Systems.

    Industry officials eager to see a greater government commitment to research held a series of discussions with administration officials late last year that culminated in two meetings in the Old Executive Office Building on Dec. 13.

    There, a group led by Mr. Barrett and Norman R. Augustine, a former Lockheed Martin chief executive, met with Vice President Dick Cheney. A second group headed by Charles M. Vest, the former president of the Massachusetts Institute of Technology, met with Joshua B. Bolten, director of the Office of Management and Budget.

    The industry and science leaders told the officials that the administration needed to respond to concerns laid out in a report by a National Academy of Sciences panel headed by Mr. Augustine. It warned of a rapid erosion in science, technology and education that threatened American economic competitiveness.

    The report, "Rising Above the Gathering Storm: Energizing and Employing America for a Brighter Economic Future," has been circulating in draft form since October. It was put together by a group of top technology and science leaders, who say the country faces a crisis that the Bush administration is ignoring.

    "The gravitas of that group," Dr. Vest said, "has a lot to do with how we got as far as we did."

    Still, even after the meetings, the executives and educators were not certain that the administration would respond. So President Bush's proposal on Tuesday night came as something of a surprise.

    Albert H. Teich, director of science policy for the American Association for the Advancement of Science, the nation's largest professional organization for scientists, called Mr. Bush's proposal "a breath of fresh air."

    "We haven't seen this interest in basic research from this president before," Mr. Teich said. "We in the science community have talked about the state of basic research for quite a while, with its flat or declining budgets, and we are hopeful about this initiative."

    Mr. Barrett of Intel, according to people who worked with him, had grown particularly frustrated with the lack of progress on the matter.

    In a speech to the National Academy of Engineering in October, in which he described the findings of the Gathering Storm report, Mr. Barrett said: "If you look at the achievement of the average 12th-grade student in math and science, which is of interest to us here, that 12th-grader in the U.S. ranks in the bottom 10 percent among their international peers. I think it is incumbent upon all of us to look at that report and help raise our voices collectively to our local officials, state officials and national officials."

    The executives said that the administration had also been induced to respond by a growing bipartisan movement in Congress supporting basic research and education.

    Two bills tackling this matter have recently been introduced. One is the Protect America's Competitive Edge Act, by Senators Pete V. Domenici, Republican of New Mexico; Jeff Bingaman, Democrat of New Mexico; Lamar Alexander, Republican of Tennessee; and Barbara A. Mikulski, Democrat of Maryland. A similar bill was introduced by Senator Joseph I. Lieberman, Democrat of Connecticut. Several of the senators met with President Bush in December to encourage him to support the competitiveness legislation.

    "We're excited the president has jump-started this and that it is very bipartisan," Dr. Vest said.

    Now the technologists and the educators are waiting to see the specifics of the financing when the president's budget is introduced next week. The report had called for an annual 10 percent increase over the next 10 years, and several executives said they now expected a rise of 7 percent annually, putting annual spending around twice the current level in 10 years.

    Peter A. Freeman, the National Science Foundation's assistant director for computer and information science and engineering, said the president's initiative would make a big difference.

    "We're obviously not at liberty to say what will be in the president's budget next week," Mr. Freeman said, "but we're very hopeful based on the State of the Union address. This is a strong sign that this administration will continue to be very supportive of fundamental science and engineering."

    Despite there being little detail yet with precise figures, even those who had been publicly critical of the administration were enthusiastic.

    "This is really a huge deal and I'm very encouraged," said David A. Patterson, a computer scientist at the University of California, Berkeley, who is president of the Association for Computing Machinery, a professional group.

    At the same time, though, Mr. Patterson was concerned that the president's proposal to double funds for basic research drew little applause from the Congressional audience on Tuesday night. "It just shows the challenge we have," he said. "It wasn't obvious to the legislators."

    Warren E. Leary contributed reporting from Washington for this article.




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  • sanju
    07-11 10:57 PM
    Schwarzenegger cares for Kali-4-nia. He should support legal immigrants as a lot of this community lives there. Where? In Kali-4-nia.



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  • ganguteli
    03-02 11:28 AM
    bump

    Why are you spamming the forum by posting bump messages everywhere?




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  • arnet
    09-14 02:20 PM
    the new congress will meet in Jan 2007 session and will decide what bills they will consider during that session and will come up with a timetable to discuss those bills. especially after new members are elected, i dont think they can discuss uncompleted bills from previous session (correct me if i'm wrong). all they can do is to come up with new version of bill if they want to pass.

    so the option before congress is either a new CIR bill (or) SKIL bill if nt discussed earlier (or) any bill like border security which includes EB provisions.

    I think the new CIR bill will take time because of its complications. so I prefer SKIL bill or EB provisions in any bill. let us see.....:)



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  • krishnam70
    03-26 12:40 AM
    Roseball,
    This is a very good alternative that you have suggested. Does this mean that i can have my full 12+17 months of my OPT, and my H1 will only start when i do the stamping in India. But in that case i would need to have the same employer at the time i enter correct? Also what if i want to change my employer after i have my H1 stamped while coming inside the country?
    Thanks in advance.

    Comes with a risk at POE. You could be stopped and its happening to H1's too.

    - cheers
    kris




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  • dj9533
    11-10 11:54 AM
    AP
    I485 Receipt Notice
    EAD(just in case)
    thats all you need



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  • Googler
    02-15 12:06 AM
    Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).

    Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.




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  • SeanDell
    05-28 05:37 PM
    Hi,

    I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:

    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    I would highly appreciate the replies.

    Thanks.




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  • goosetavo
    11-13 05:43 PM
    I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:

    1) Is the slow movement due to so many cases in field offices not yet reported?

    2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?

    3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?

    Theories are welcome.




    shx
    04-27 12:48 PM
    GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.

    It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).




    rajeshalex
    04-15 08:56 AM
    First thing, price , leg space, comfort & food ...All 4 it is difficult to get the best.

    Cheapest would be air India. However service/food is bad. Also they keep changing schedule.

    Singapore airlines/Cathay pacific service/food is good. Leg space is also better and
    priced slightly higher than AIr India.

    So I recommend these 2 (Singapore/Cathay)

    ( PM me if you are looking for air tickets from India)


    Rajesh



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