Tuesday, June 28, 2011

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  • sduri
    12-05 03:57 AM
    My husband has a pending I-130 visa petition (I am a US citizen, he's Italian, we live in Italy). Can anyone tell me whether he is permitted to enter (and exit, as we are still residents in Italy) the US on holiday (departure 19 dec)?
    I have not found any specific details in regard.





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  • coolyaar
    01-12 11:33 PM
    Hi,

    Thanks for the reply. Will there be any issue if I dont have the paystubs
    between (13-Jan-07 and 04-Mar-07 ) and between (26-May-07 and
    15-Jul-07).

    Thanks.





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  • reddog
    02-20 12:47 PM
    Hi,

    My mom is scheduled for an interview for a visitor visa at US Consulate, Chennai. My mom is 70 years old and she will be the only person attending for the interview. She has not travelled a lot and she will not be able to figure out everything that is needed inside the consulate before and after the interview by herself. Now - my question is - Can my mom take anyone (say a relative) with her inside the consulate for help?

    Appreciate your help!

    No, she cannot carry anyone else except herself inside the consulate. A relative can accompany her till she enters the consulate and your mother can ask for a translator and I am sure there would be people to help her, otherwise too.
    But as far as someone accomanying her inside the consulate, NO,
    And just in case, even if the relative is able to get in with her, it is not advisable to do so.





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  • gcformeornot
    10-17 04:04 PM
    ssd



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  • theOne
    10-13 04:02 AM
    Friends,

    I have had my GC for about two and a half months now. I am currently checking out SOA consultant positions with a consultancy in Saudi Arabia. I don't know the length of the contracts yet. Can I work out of USA and still apply for Citizenship after the wait of 4 years and 9 months ? Does this require me to stay a certain amount of time in USA for every year ? What are the tax implications ? Would I have to file taxes on the income that I earned out of USA ? Thank you.

    Regards,
    theOne





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  • yyfGC98
    05-19 12:49 PM
    I need help on my I485 pending case:

    When I was a PHD student I filled NIW (national interest waiver) and got my I-140 approval (priority date is 6/22/2006). Now I am working for a Telecommunication company.

    My NIW I-140 form stated my job is:

    SOC Code: 17-2112
    Nontechnical description of job: Operations research and logistics with optimization and numerical analysis.

    In my NIW cover letter, I stated my contribution in airline industry with the operations research and optimization knowledge. My current work is still related to the operations research and logistics but my contribution is different now. Does that mean I am not in the same research/work field? Some attorney said my I-485 will most probably be denied because I am not benefit to airline industry now. Is this true?

    What is the definition of the same/similar field? I thought I should be safe as long as I continue to work on OR and logistics related work, even if my work on different project or for different companies.

    When USCIS process I-485, they will look at the job description on I-140 form or the contribution in cover letter?


    An attorney suggested me to apply a PERM as a backup to keep the existing priority date (6/22/06), in case my NIW-based 485 case has any issue.
    What's the percentage of chance that you think my 485 can be denied due to the working field issue? I originally thought it's very small (less than 5%), and I just need to wait for the Visa availability. Is it correct?

    My husband's H1 visa is about to reach the 6 year limit in March 2011, and he was thinking to use EAD from my 485 case until we get green card. Is this a good plan, or he need to apply a PERM as a backup too? Is it too late? What would be a good plan?



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  • srikanth003
    04-01 10:10 AM
    @sac-r-ten - thanks a lot for you quick response... sounds similar to what i've been hearing so far...hope nothing changed recently...

    if any one with recent experience on this, please post ur reply. highly appreciated.





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  • rajiv404
    12-09 06:06 PM
    I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
    1. WIthdraw application - not sure repurcussion of this.
    2. Respond to RFE with mentioned reason which can have following outcomes
    a) Appoved - (good i will be more than happy)
    b) Approved with consular processing - (I dont want to travel at this point of time outside US)
    c) denied - (not sure)
    3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?

    Here are my questions
    1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
    2. Senario 2.c. If I get "Denied" what will be my current status?
    3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
    4. Scenario 3, Can this happen?

    Any response will be appreciated. Thanks!



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  • glus
    12-09 03:26 PM
    You maintain H-1B status as long as there is a relationship between u and ur company. This is usually showed by paystubs. If you do not, you can apply for H-1B transfer, but then the extension of stay will most likely not be granted, as the USCIS needs to see your paystubs. I would speak to an attorney about this.





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  • styrum
    02-16 01:01 PM
    Requiring experience in addition to MS degree is considered "normal" for positions in Job Zone V. Whether it's more likely to trigger an audit or not - I doubt anybody will be able to tell you. For that somebody has to have experience of filing two PERMS, almost identical except for the experience requirement. I doubt many people have such an experience



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  • jjaspirant
    03-19 04:23 PM
    Will they send an RFE immediately even after the I-485 has been pending for more that 180 days?





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  • kothari_rupesh
    07-07 04:12 PM
    Thanks, since I applied June 12th, and expecting it before August 3rd, looks like it is going to be a problem...!!



    I applied on April 7th and got on June 8th.
    Send documents to Nebraska Center.

    Hope it helps.



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  • abhicyber
    10-22 10:26 PM
    Hi,

    Any idea how long does it take to get AP approved after a soft LUD on AP?

    I485/AP/EAD - NSC - Notice date 8/16/07.
    FP: Done 09/29
    EAD: Waiting
    AP: Waiting (Soft LUD 10/22)

    Thank you in advance.

    AB





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  • ita
    11-19 09:50 AM
    My EAD card was returned as undeliverable as Mail Box didn't have my name on it.

    I changed my address and requested the Card to be resent. CSR said it would take 3-5 business days.

    I spoke with a IIO today and she said it would take 4- 5 months to get remailed as per their policy.

    Which one is right ,CSR/IIO?
    Is there anything that I could do to get my card earlier?

    Thank you.



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  • Dalai Lama
    02-09 01:20 PM
    Please reply





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  • pd_recapturing
    03-21 04:33 PM
    I went to Infopass to enquire about my interfile status. The first level officer said since my PD is not current, she will not allow me to meet the IO. I argued that PD has nothing to do with knowing the status and allow me to meet the actual IO. she still did not. What a crap !!!



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  • delhirocks
    07-23 07:29 PM
    Interesting situation. Technically you will be better off on H1 (since you have that approved for 3 years). I would do that if I were you.

    Only issue I can think off is, f your husband (Iam assuming primary 485 applicant), would move over to EAD (after Sep-07), would that impact your H1 in any way(I don't think it should).

    I'll let someone more knowledgable answer that





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  • senk1s
    05-22 03:37 PM
    1. If you renewed H1s from within the US...the I94 number should be the same

    2. Check with an attorney - my attorney said, while AP is pending decision it is better not to travel





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  • indianabacklog
    12-05 11:00 AM
    My husband has a pending I-130 visa petition (I am a US citizen, he's Italian, we live in Italy). Can anyone tell me whether he is permitted to enter (and exit, as we are still residents in Italy) the US on holiday (departure 19 dec)?
    I have not found any specific details in regard.

    In what capacity will he be entering the US? Does he have a visa?





    idlinginc
    04-11 11:51 AM
    I came across this forum a couple of days back and decided to do start on what I can do best. I may be somewhat naive in my thinking, but it is better to take initiative and make mistakes instead of waiting. Please do give your honest feedback and opinion.

    Forums are designed for discussion, however we need to also focus on implementation. For that, we need to put the right communication tools in place to disseminate information, such as wikis, egroups, and calendars.

    We need a somewhat structured organization of ideas, discussions, questions, projects and other things.This will allow us to handle more people gracefully (scale), allow people who have volunteered time to work on projects, allow discussions for those who want to discuss.

    I have gone ahead and done the following (I do not intend to step on anyone's toes) :

    1. Registered immigrationvoice.net and used Google Apps to provide email, calendar, and docs services.
    2. Installed a wiki at http://ivwiki.com
    3. Google groups for NJ IV: http://groups.google.com/group/njiv

    I am in the NJ area (Edison) and would like to host a meeting this weekend (or the next) to exchange ideas and come up with some concrete (next) steps to take. I have space to host up to 20 people. If you are in NJ, we should talk. Please contact me via email: inc.idler@gmail.com or join the NJ IV group at http://groups.google.com/group/njiv and respond to my post.

    Best,
    Idler.





    naveenchitluri
    04-15 11:53 AM
    Hi,
    I got mine stamped on Feb 23rd in Mumbai.
    Good luck.



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