Tuesday, June 14, 2011

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  • gc_wannabe
    06-17 09:12 PM
    TOTALLY unknown...

    No one knows what they look at and won't look at while deciding on your I485. If you one of the "chosen" one, you may get called for personal interview and I have heard lots of horror stories about the stuff they asked at the interview. At the same most of the people get the GC without hitch.

    So, the morale of the story is stop worrying. There is nothing you can do/prepare to effect decision on your I-485. Since you have played by book and assuming you don't have any law related issues, you should be fine.

    Cheers

    ArkBird

    Thank you.




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  • theperm
    02-08 11:02 PM
    Why would you marry in such haste & go through the trauma of not know whats going to happen i he goes to jail for the next 18 months?? why not wait until his jail issue is over ?? I am no one to judge you & mean no harm but have u thought this through ????




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  • 123456mg
    07-20 03:32 AM
    Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) and tax returns is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.

    Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".

    The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.

    There are various factors to consider here:

    1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.

    2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.




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  • valysivec27
    10-01 09:59 AM
    Hello, I have a question for you guys. Can you point me to some documents I can read about GC adjudication?. I'd like to know if the "priority date" has any importance after you apply I485. Are they proceesing the I485 applications based on country quota, employment caterogory? Thank you for the clarification in this matter.

    My impression is that the "priority date" it's not important after you file the I485, but I might be wrong....

    Any idea?

    Thanks,
    ValySivec



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  • lazycis
    12-25 09:12 PM
    Hello lazycis,

    I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.

    Q 2. Is there any limit countrywise, for issuing GC?

    Thanks in advance.

    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266




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  • nissan_1
    11-30 12:59 PM
    Thanks for your reply guys..I have 71 points (with 16 language point). Hence I have to get at least 12 points in language skill. I think i will have to sit for IELTS..no other choice man :( But I have found in one canadian immigration forum that one guy with similiar situation replied back to canadian consulate that he studied English from school and also his work experiance is in english and he really thinks he should get 16 points. And then the embassy called him for an interview in NY and finally he got his PR. But this is just one example, everyone else ultimately took IELTS...

    For me I have to fly to a different city as there is no IELTS center here...The IELTS gonna cost me some $$$ :((((

    I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.

    Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.

    I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.



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  • pathiren
    07-21 03:16 PM
    Guys this is not a post to project your problems. This is the post to build up support and encourage immigration voice to plan a campaign to address current backlogs and future backlogs which will sent in after August. Please build up support instead of asking questions. It is almost obvious the situation is not gonna improve in october, but it will go worse!!!

    Cheers and keep on building support!!




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  • Higcoptimist
    05-15 09:05 PM
    Hi,

    Well, Bush has delivered his address on the immigration subject. Unless I am missing something, not a word was said about the Legal Immigration or the H1Bs. All the focus was on the illegal immigrants and the border enforcement.

    Does that mean that the Legal ones like us are in the backburner? Would the Senate and the house focus only on the illegals and give them the path to citizenship, leaving those who played by the rules, in the lurch? What kind of justice is this in the "Land of Justice"?

    I hope the senators and the representatives are sensible and leave the provisions for the EBs in the proposed bill, alone.

    Hoping for the best.

    Higcoptimist



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  • gsc999
    04-30 01:20 PM
    "Entrepreneurs" doesn't mean to start a new company. they can just start a new business unit inside a big corporate. For example the google-maps is a new venture inside google. The guy who initiated the google-map idea is an entrepreneur.

    Sometime 2 or 3 people join together and venture into one thing.

    And there is a saying "95% of the businesses fail". So one cannot see all the companies started.
    ---
    Thriving economy lures NRIs back to India - The Economic Times (http://economictimes.indiatimes.com/news/nri/returning-to-india/thriving-economy-lures-nris-back-to-india/articleshow/8112599.cms)




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  • TeddyKoochu
    05-19 01:59 PM
    How and how they can prove he is not going to do any work at the location, the client will not be charged for that?

    Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.

    Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).

    Tell them you have to continue your job in India after the business discussions in USA.

    Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.

    just one cent info....

    I believe that @GCFrenzy your suggestions are good. For any business visa it is definitely a basic requirement to have a letter stating all the information that you are mentioning. I had also worked for a large Indian company and my first visit to US was on B1 this was immediately after 9/11 and the client gave a very similar letter in those days however you did not go to the consulate for stamping. Also if the company can state the duration of the trip and substantiate with a return ticket the chances of approval will be much higher the duration should be less than 5-6 weeks. Issuing visa is always in good faith and at the discretion of the VO. @Nathan I think it would not be correct to generalize even though what you are saying is correct because many genuine people are affected due to the collateral a damage. Think of this many people when they applied for F1 also stated in good faith that they will return to their home countries after their studies but most of them are still here and many of them on immigration forums :).



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  • cool_guy_onnet1
    06-01 01:56 PM
    If we can generate decent noise on 7K "active" members, 50K with "Don't touch my cheese mentality" can create a whole lot! Lets not kick the wall and try to find the door!

    i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?

    i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?

    "Board Members
    Kim Berry (Sacramento, CA)
    Valerie Chau (San Diego, CA)
    John Miano (New Jersey)
    Mark Powell (Westminster, CA)
    (three openings)
    Officers
    President: Mr. Kim Berry (Sacramento, CA)
    Secretary: (open)
    Treasurer: John Miano (New Jersey)
    Membership Chairman: Valerie Chau (San Diego, CA)
    V.P. Governmental Relations: Mark Powell (Westminster, CA)
    Newsletter Editor: Open
    Newsletter Coeditor: Open
    V.P. Public Relations: Open
    V.P. Advertising: Open
    Press Releases: Open
    Assistant webmaster: Open
    (If you would like to contribute to our cause in another way, please contact us.)

    The Programmers Guild is incorporated "




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  • webm
    04-21 02:39 PM
    Congratulations on getting your GC !!!

    I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.

    Was there any LUD on I-140 case after your FP?

    Regards

    Normally there should be a LUD on 485 after FP is done (same day/next)..



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  • hopefulgc
    07-16 01:12 PM
    this post is a great example of diplomatically writing a lot and actually saying nothing ... way to go!

    Feed from my lawyer



    Several sources have now reported that high-level agency discussions on solutions to the July 2007 Visa Bulletin crisis are underway and could result in a new opportunity for certain eligible foreign nationals to submit adjustment of status applications. Apparently, no final decision has been reached, and it is difficult to predict with absolute certainty what the final outcome will be or when an announcement might be made.
    __________________________________________________ _______



    Several sources have reported that high-level discussions are now taking place within the government concerning a possible solution to the July 2007 Visa Bulletin crisis. As a result of these discussions, there have been indications that U.S. Citizenship and Immigration Services (USCIS) could change course on its position regarding acceptance of applications for adjustment of status, in whole or in part, and create a new opportunity to submit adjustment cases. Some reports have indicated that cases submitted on July 2 will now be accepted for filing, while other reports have suggested that there will be a completely new window of opportunity to submit cases. Apparently, several options are being considered.

    Sources caution that the government has not reached a final decision on this matter, and there are no concrete details concerning the mechanics of any future filing opportunity. It is important to note that in the current climate of swift policy reversals and rampant rumors, it is possible that any tentative agreement on reopening an adjustment submission period could falter




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  • satyasaich
    09-23 06:29 AM
    Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D
    though hilariously said, you have a point indeed.



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  • hopefulgc
    07-16 01:12 PM
    this post is a great example of diplomatically writing a lot and actually saying nothing ... way to go!

    Feed from my lawyer



    Several sources have now reported that high-level agency discussions on solutions to the July 2007 Visa Bulletin crisis are underway and could result in a new opportunity for certain eligible foreign nationals to submit adjustment of status applications. Apparently, no final decision has been reached, and it is difficult to predict with absolute certainty what the final outcome will be or when an announcement might be made.
    __________________________________________________ _______



    Several sources have reported that high-level discussions are now taking place within the government concerning a possible solution to the July 2007 Visa Bulletin crisis. As a result of these discussions, there have been indications that U.S. Citizenship and Immigration Services (USCIS) could change course on its position regarding acceptance of applications for adjustment of status, in whole or in part, and create a new opportunity to submit adjustment cases. Some reports have indicated that cases submitted on July 2 will now be accepted for filing, while other reports have suggested that there will be a completely new window of opportunity to submit cases. Apparently, several options are being considered.

    Sources caution that the government has not reached a final decision on this matter, and there are no concrete details concerning the mechanics of any future filing opportunity. It is important to note that in the current climate of swift policy reversals and rampant rumors, it is possible that any tentative agreement on reopening an adjustment submission period could falter




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  • krishnam70
    07-18 12:34 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?


    ps57002

    There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
    then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.

    The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.

    go do it..
    cheers

    edit:
    http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1

    IV has recommendation to not use flowers going forward
    BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon



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  • fasterthanlight�
    06-06 06:35 PM
    When do the polls close?




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  • neogator
    01-19 05:17 PM
    If they were famous, popular, talented etc etc....wouldn't they be EB1 rather than EB3 .




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  • eb3retro
    09-22 07:41 PM
    For some reason, I feel that this is just the beginning. Hope I am wrong..




    srarao
    07-21 09:20 PM
    Hi all,
    In this forums only I saw some guys getting RFE's that is why I opened in this thread.




    mhtanim
    06-08 05:42 PM
    I don't live in the tri-state...

    I have my W-2's from 99 and 00 so no need to call the University.

    What I dont have is the actual return (1040nr) which I "mailed" at that time.

    Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!

    For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.

    As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.



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