Thursday, June 9, 2011

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  • kiran_k02
    05-12 09:24 PM
    Does frankfurt require transit visa if some one is traveling to India if:

    A) While going to india and have H1/H4 valid until 2011, but stamping expired.

    B) while coming back to USA if I am planning on coming on Advance Parole ?

    How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.

    <edit> This is what I found on the site

    "Indian, Turkish, Nigerian and Ghanaian airport transit travelers who

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"


    I travelled through FrankFurt to India( enroute to India, I did not have valid visa on my passport) and back with stamped Visa. I had AP but did not use it.

    My advice to you, don't worry about it. You do not need transit visa.


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  • AZ_GC
    08-28 04:45 PM
    Hello fellow IV members,

    I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?

    Thanks for your help.

    This holds true for 95% of the attorneys. They will give you a "conflict of interest" answer if you try to Invoke AC21

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  • elusive
    07-10 01:13 AM

    I got the standard RFE
    1) End date in client letter
    2) EE relationship
    3) show project validity till h extension requested( 3 years)

    RFE response to be received on or before July 10 2010

    With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR

    My question is

    ) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
    2) Or will USCIS will accept the respnse since it was posted before on 7/9

    I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...

    any advice please

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    04-09 10:11 PM
    I am also on my 9th year of extension and Recently I changed jobs ( from fortune 500 to another fortune 500) and the new company suggested to have my 9th+ years H1 extension and have applied for the same. I just received the approval yesterday with in 30 days. The only reason I moved is so that I can refile in EB2, I have Masters+MBA prior to my old Labor, but couldn't apply as the old company job descriptions did not support it. With recent changes in I140 premium eligibility criteria, any one with H1 of 6years or more eligible for it and so you might want to extend your H1 and use Advance Parole to travel if you are thinking of any portability to EB2 in future.

    Refer to the article on for the new I140 premium eligibility changes



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  • LC2002
    04-14 11:01 AM
    Congratulations.. Keep supporing IV in future.

    Thanks, Sure will.

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  • gcisadawg
    01-09 11:44 AM

    That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.



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  • AZ_GC
    08-27 05:23 PM
    No, her processing cannot go on. It would be illegal on YOUR part to claim her as a spouse for a GC when she is really is not your spouse anymore (once you file for divorce, that is).


    I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.

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  • reachinus
    11-19 03:55 PM
    1. My friend is on H1 and have EAD (June'07 filer) for both him and his spouse... his spouse (secondary aplicant) is currently working on her EAD.. If his company lays him off... Would his wife have any effect on her employment?

    2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)

    3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment?

    3a. If he goes to India on AP.. for how long could he go?
    Untill the day before the expiry of AP

    4. Could he take up any job and keep switching till priority date becomes current?
    Yes. but advisible to stay in same or similiar job

    5. Also what happens if and when priority date becomes current?
    Should obtain an EVL from the Current\Future employer assuring a full time permanent job.


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  • quizzer
    11-15 05:32 PM
    Lawyer received the I140 approval email filed on DEC 2006 yesterday. he has raised SR last month.

    But I havent received any mail from CRIS and the USCIS website doesnt show the approval as well till now.

    Has someone experienced like this before - lawyer getting it first and the uscis webisite took a long time to update if it did at all.

    Any comments pls?

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  • snathan
    02-07 08:50 PM
    Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.

    However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.

    In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.

    So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
    However, Mumbai consulate issued her 221(g) for some inexplicable reason.

    I would like to know what is the risk if someone filed it because he has two labor and I-140 or generic. I couldnt understand your point...?


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  • cpolisetti
    04-26 12:12 PM
    Glad to be of help. But I think the huge credit goes to one and all of the core team who picked up the smallest hint and followed up to such an extent. Now that we are on WP, we should also try for articles in Wallstreet Journal and NY Times among many others. Please do let us know if I can be of any help.


    I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.

    As I said in the main thread ( it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.

    Thank you to them and every member who does his or her part in big and small ways.


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  • Totoro
    05-08 11:25 PM
    That's the point.

    I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??

    I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:

    I am always wary of an email asking for personal information. I sent her an email and asked for her to reply with a telephone number to call. I have heard nothing back. She looks legit, but I need to be sure. I did the same with the San Jose reporter and he sent me his phone number. So that was fine.


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  • Sandeep
    01-23 09:14 AM
    DO we guys have a plan, a project ?
    How we want to approach these critical subjects ?
    How are we using the funds ???
    The reason why I am not contributing is I dont know where the money will go or is goin right now ????
    -First of all I am happy to note that you said WE guys not YOU guys.
    -Yes, we have a plan. To put it in generic terms, what we have to first do is to get professional help. Over the last 2 weeks, guys have taken pains to come on their personal time and money to D.C. to listen to and decide on such an organization. Not to mention the numerous telecons in which many of the volunteers have participated. On top of that we are launching on a membership drive to let people know of this organization. We are also planning on having a coordinated organized approach to meeting lawmakers.
    -The funds would be primarily used to get such a professional organization. A little bit of it may be required for other purposes like say the PR /getting the message out
    -The money as of now is not"going" anywhere - it is being collected for the uses I described above. Note that all the members have been spending from their pockets for all the meeting/visits I described above. Be assured that none of us are doing this for monetory reasons - in fact all we are getting is lesser time for our families and a lot of hard work.
    -Unless people start contributing there is no way that we can do any of the activities mentioned above. To wait for the full details of the actions makes no sense for me. If I knew all these steps, why would I hire a strategist?! Also if people are not willing to contribute the money/ not do anything, how much committed are they to the cause?
    If you want me to call and explain this, send me a PM with your phone number.

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  • meridiani.planum
    04-17 01:18 AM
    This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:

    My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).

    Edit: This is in California


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  • dtekkedil
    07-02 11:47 PM
    If we plan to send flowers, we should send them to the SAME place, same person, if a 100 different news stations receive these flowers, this would be of no consequence, the ideal person to send these to would be Bill O reiley, God (yea I invoke his name ;) knows that he loves to talk aout himself, and if you get him involved, and throw in the words like , "BUSH wanted us to be able to AOS", he is going to be all over it.

    I am going to see if I can send him a note :)

    LOL Yeah Bill O' Riley!!!

    I was hoping that we could send it to USCIS!

    It should be addressed to EMILIO T. GONZALEZ (Director of USCIS). I'll put the address out here once I get it! :)

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  • sac-r-ten
    02-10 03:08 PM
    The call is on Thursday (today). Please send in your questions as soon as possible to

    What is the deadline for sending the questions? can it be sent 1hour before the call starts?

    Also, what is the number to be called?

    thank you.


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  • caforum2
    12-15 11:40 AM
    I strongly disagree with previous comment. CA is though certification, it has course work which can be claimed as Masters degree (or advanced degree). I am a CA but even have Master degree got GC under EB2. But I know atleast one more person who is CA but without Master degree got GC under EB2. You need to get education evaluation done such a way that you qualify as done course work equivalent to Master degree. Good Luck

    I am courious why you want to qualify for EB2, EB3 has later date than EB2.

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  • number30
    03-12 07:02 AM
    You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
    So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
    How big a issue is this. Should I be very scared?

    Do not worry not abig deal. Just enter the amounts in $. This year Citi has used Rs 46 per $. Even I did not do it for first four years.

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  • samrat_bhargava_vihari
    02-05 04:12 PM
    Don�t spread false information if you don�t know.

    Possibility -- Yes

    Reusing the priority date for EB2 -- you may need to file one more I -140 for EB2 and then once approved with earlier priority date then you can proceed with 485 if current.

    Some people are filing I-485 if any of their PD is current and trying to convince the service center. Check in you will find more information.
    I am not a lawyer use this information at your own risk.

    05-06 12:50 PM
    Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.

    1) What is the meaning of "There should not be very huge variance in income levels."
    Does it mean while moving from one job to another (1 time)?
    2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
    10% hike every year. Is that a problem?

    Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.

    Best Regards,

    11-14 12:07 PM
    - The A0XX XXX XXX is the A number or alien number
    - Nothing good or bad. It is sometimes there on the 140 approval notice also. It is there on 485/765/131
    - No one knows when you will get your GC. Your PD is old so you may get lucky soon...

    Thanks for your prompt response.
    - still I feel that only because I received just now after 8 years this A#, seems to me that only at this time I'm registered as an immigrant?
    That is what alien number means in English ? Sorry.

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