الخميس، 9 يونيو، 2011

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  • teachla
    11-02 01:17 PM
    A note: If you look at the web sites of immigration law firms, some of them can be very deceptive in giving you a feel that the firm is big; none the less it does not mean that big firms give the best advise and results. One advantage of big firms is that they deal with a good volume of cases and have good knowledge inhouse about the trends and what might work/does not work.

    Here are some of the consultation rates of the one's I had checked with last year:

    Carl Shusterman Los Angeles $ 390/ consultation - 30 Minutes
    Josie Gonzales Pasadena, CA $ 400/consultation- 30 minutes ( calls herself the queen of PERM )
    Sheela Murthy- Maryland $ 250/ 20 minutes
    Attorney Dana Delott ( works in Sheela Murthy's firm $ 200/20 minutes and is good for consultation), other attorneys in Sheela Murthy's firm charge 150 USD for 20 minutes)




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  • gg_ny
    07-27 11:45 AM
    Hi,

    We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
    We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
    Your response will be appreciated. Thanks.




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  • glus
    11-12 10:33 AM
    Hi,
    I just asked my attorney if she had a direct contact with Mr. Opperheim, the person responsible for VB. If she does respond, I will provide the address / email here. I am writing to them. It does not make any sense. My opinion is that they are giving USCIS a December brake now. If the 485 report released by USCIS is true and reliable, the RoW dates for Dec should have been moved to mid or end of 2003 now.




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  • kondur_007
    09-15 11:17 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    First of all, do not confuse tax filing and immigration! These two are totally different ball games.

    As far as tax filing goes, here is what i can tell (to the best of my knowledge):

    1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).

    2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.

    3. Now your third question is related to immigration. Here is what I have to say:
    Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
    Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
    What can be done for this? three ways to straigten this up:

    1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.

    2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).

    3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.

    Good Luck.



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  • diptam
    08-13 05:14 PM
    7:30 AM folks started getting receipts now - We 11:30 AM guys have to wait at least 2-3 more weeks :D :D

    By the way - guys whose things gone between 9 to 9:30 got receipts the first ( there are exceptions though) - After Coffee everyone was charged !! The early (7:30) guys are penalized for too much alertness and late (11:30) guys are taken care of for too much laziness.

    I've never imagined that i'll see such interesting stuffs in GC process at US.

    Same here...mine was signed by GERKENSMEYER AT 11.34am




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  • checklaw
    07-19 11:31 AM
    Enjoy! :) Only 5 files max allowed. Please follow up the next post.

    Thanks. Very informative too.



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  • wa_Saiprasad
    01-20 02:41 PM
    The new IV looks very neat and simple.




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  • Wish_Good
    05-02 01:53 AM
    Hi Attorney,Senior People, Gurus,

    Iam really need of advice. Please
    give me your valuable Suggestions/Advice.

    Thanks in Advance.
    Wish_Good



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  • vshar
    02-24 12:45 PM
    This was always my wish since he started playing.

    My another wish being an EB3-I
    I am watching live ODI game on TV and Sachin is batting, me sitting on the couch going through the day's mail and BINGO!!! here is my GC. :)




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  • gondalguru
    09-29 11:58 AM
    Its kinda confusing and really not that big or sensational.

    Nothing sensational here. But it does affect me and all the physicians who have pending NIW based I-485.

    I have finished 5 years of NIW service for physician and waiting for visa number (PD 9-2004). I have a conrad 30 related I-140 (approved) / I-485 (pending).



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  • trueguy
    08-11 10:53 AM
    Hi WillWin,

    Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..

    Please vote here for prior to 2004 cases;

    http://immigrationvoice.org/forum/showthread.php?t=20768




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  • amitjoey
    05-03 12:05 PM
    I have few united air miles, which I can donate.

    Thanks ruby, get in touch with pappu or the core team. PM Pappu.



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  • overseas
    08-25 10:11 PM
    wizkid732,

    My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.

    On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.




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  • jimecalfa
    01-08 03:40 AM
    Hi, this is my situation:

    - I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
    - In the other hand, I have my own business. I have and EAD (work permit) and SSN.

    Questions:
    1. Which of the 3 options do you recommend us to get? Why?
    2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?

    Thanks
    Jime



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  • lazycis
    01-04 01:06 PM
    Here is what I usually submit:
    1. A formal invtation letter addressed to American consulate.
    2. I-485 receipts for me and my spouse.
    3. Latest paycheck.
    4. An employment letter from my company.

    It never failed so far (3 different parents visiting 6 or 7 times), but again, it's just my personal experience.




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  • psaxena
    06-25 06:44 PM
    ......................



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  • RareRFEon485
    04-16 10:05 AM
    Please explain how you have worked in Illinios for XYZ company( my GC sponsoring Company) living in MN,WA and TX.

    This was one line description I got as RFE on my I-485.

    My 140 is approved in Dec 2007. I had 1st RFE on I-485 for pay stubs and other things. This is the second RFE. I will consult good attorney. Any advise is helpful.

    Also I entered US on AP and I started my own company few months back. I am still working for GC sponsoring company. If by my bad luck my 485 gets denied..what are my options? Also I have my H1 petition valid till May 2012 but I don't have it stamped. Do I need to leave the country and get it stamped?




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  • pointlesswait
    04-28 01:10 PM
    my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..

    1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?

    2.) Am i wrong is even asking for that information?




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  • kartikiran
    08-17 07:08 PM
    gimme_GC2006,

    I used my AP twice via JFK. Both times sent to secondary. No questions asked, just had to wait an extra 90 minutes due to people in front of me and was given my passport with the I94 back.

    so nothing to fear.
    what was secondary interview like?




    Edison99
    06-02 08:15 AM
    Congrats satyachowdary on your I-140 approval. Is your I-485 has been approved with or with out interfile request, let me know...
    My new EB2 140 is approved with new date, so I sent following email to EBupdate.tsc@dhs.gov on 05/18 and my case is approved on 05/25. You don't have to wait until new I-140 is ported with old 140 date, the following email worked for me.

    In the subject line, put : I-485 Multiple I-140s

    Body of the email :

    Dear Sir/Madam
    I request you to kindly approve my pending I 485 case with new approved EB-2 (SRCXXXXXXXXXX) I-140. My I 485 was originally filed with EB-3 (LINXXXXXXXXXX). As per Pearson memo I am eligible to take advantage of priority date from EB3 to EB2.
    Please contact me if you need any other information.

    My case receipt numbers:
    EB-3 : Receipt# LINXXXXXXXXXX with Priority Date XX/XX/2004
    EB-2 : Receipt# SRCXXXXXXXXXX with Priority Date XX/XX/2011
    I-485: Receipt# SRCXXXXXXXXXX

    Primary details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Spouse Details:
    First name :
    Last name :
    A# :
    485 receipt number :

    Thanking you

    Sincerely,
    Name
    Address
    Ph No :
    Email :




    nixstor
    09-27 02:11 PM
    Lou Dobbs need to talk to Heenan and not the vice-versa :)



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