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  • Wendyzhu77
    09-29 07:17 PM
    I don't think you need to worry about the number on w2. Wages on W2 do NOT necessarily represent your actual wage. Lots of pre-tax deductions can be deducted from the W2 number, which means your W2 wage can be significantly much less than your actual wage. Your pay-stub will be a better evidence for your wage.
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    Thanks!





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  • jatinr
    07-23 06:45 PM
    USCIS has cleared answers to most of the questions related to receipt notice,but not the one where a I-485 receipt notice is not issued and the applicant has to file 765/131 before August 17th to take advantage of old fees.

    Most of the applicants were not able to file 485/765 and 131 concurrently.

    Also based on new instructions of direct filing, the exact location where the EAD/AP needs to be filed post July 30th.

    Can someone get these claried as part of FAQ's





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  • crazymish
    03-05 02:15 PM
    Hi People,

    I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.

    I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.

    Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.

    Would appreciate a little insight here.

    Thx,
    M





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  • tonyHK12
    01-06 12:35 PM
    Good to hear there is a serious attempt being made. However, in light of what is happening with comprehensive healthcare reform, is it advisable to try comprehensive immigration reform especially with the congressional make of of the 2 chambers?

    The 2010 CIR already had strict border protection clauses and it mandated a secure border first. It looks like the republicans want to split it from the 'illegals path to legalization' and concentrate on bills that have enforcement first, reading Graham's statement. He was even opposed to the moderate DREAM act.



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  • nhfirefighter13
    May 31st, 2004, 05:27 PM
    AFLACK!Nice photos! I like ducks...they taste good. :p





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  • Sreeshankar
    05-19 02:00 PM
    Do you thing is it good idea to go for info-pass for enquiry? same time any advice for following question?

    2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?

    Dear Friend,
    I heard there is a TSC stream line process for pending 485s that have Pd current, and are with the TSC center. Below is the link, along with a informative link from Mr Ron Gotcher's forum. Ron has some good advises , please refer both the links. Hope this helps you in your endeavor. Best Wishes.
    The Links :

    http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf

    http://www.immigration-information.com/forums/showthread.php?p=25835



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  • msp1976
    02-06 04:19 PM
    My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.

    Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
    - do I need to submit an application for transfer (new I797) for my wife's H4 visa
    - can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.


    Thank you


    I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country...His wife entered too....He is working for company B... This is one experience.......


    If anyone has experience of entry being denied in this situation please post...I would want to know.....


    The USCIS information systems are very antiquated...I donot think the right hand knows what the left hand is doing...In the end all I can say is it is your own risk...Your wife may be able to use the last H4 and get away with it.....





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  • bp333
    10-04 07:10 PM
    Hi Folks,
    I had applied for AOS,EAD and AP for me and my wife on July 2nd.
    I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
    So, can please any one tell me if i can re-apply her case even though i did not get her application back?
    Any information on this will be greatly appreciated.

    Thanks a lot
    gc_dreamer_485

    Hi, I am in the same situation. Rejected on 9/11 and they said they mailed it on 9/19 haven't received the packet yet. Please keep me posted.

    FYI, you can open a FORMAL Investigation with USCIS if the mailing of rejection notice exceeds more than 30 days. Call USCIS and see what they have to say.



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  • xtronics
    06-11 03:13 PM
    This is my 6th yr (will enter 7th yr in Dec). I have approval until Dec'09. Does that mean I can apply for premium I-140 within 60 days of the end of 6th yr?
    This is confusing. Any help appreciated. Thanks





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  • martinvisalaw
    09-10 12:13 PM
    As far as I know - you are considered in a period of authorized stay as long as your petition for change of status/extension of stay is pending with the USCIS. You will begin to accrue unlawful presence from the day the petition is denied, if that were to happen. The lawyers on this forum can advise you better.

    OP would only be authorized to stay in the US if the change of status (COS) was filed while she was still in status. Since her status expired last April, she has been out of status since then and filing the COS did not restore her status.

    OP - you really should speak with another lawyer, to be safe. You should not be relying on advice on a free forum given the seriousness of your situation.



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  • lucha
    08-26 07:57 PM
    I have same question. can you do that without moving up ,My lawyer said no, I do not know how to go forward with this. My 2nd question is: My NIW was denied with some conditions , can I file again as I have completed those requirement.

    I have master from here and 20 years of experience . please any body help.





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  • jindal_sanjeev
    06-23 01:59 PM
    Thanks for the response guys.

    I will have to pay penalty if i amend my return. But i guess to be on the safe side i will have to do that.



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  • desi485
    07-27 12:04 PM
    I forgot it initially and later realized that. fortunately my lawyer was still reviewing my papers (almost 4 weeks). so I sent him new copies. He included new copies and discarded old one. .Also some one told me that it should match what you specified in DS-156 at the time of visa interview. IS THIS TRUE?





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  • rvenkat1976
    04-09 08:46 AM
    Thanks Fide Champ.

    Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?



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  • arsh007
    02-14 04:10 PM
    Guys,

    this doubt is bugging me due to recession fears.

    if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
    will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation

    If you don't have a job on H1-B then you are not in legal status within this country. This may come back to haunt you during future 485 processing and approval. That's where an EAD is good in that it allows you to remain in legal status even when you don't have a job for a certain period of time.





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  • vishwak
    08-18 12:20 PM
    I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.

    So my queries are :
    - will I get H1 again under COS?
    - If yes, how much time will it take to get H1 again?
    - Does this process will be like a new H1?
    - how much will it cost to my employer with attorney fees?

    Thank you.

    Meet

    Yes You can get new H1B.
    Time Depends on type of processing.....premium you should get within 2 weeks.
    H1B extension or Transfer or New one....whatever its all the same process. But called differently.
    Now H1B fees got hike.....may be around 5K I believe.
    Check for USCIS fee for I-129 on USCIS Home Page (http://www.uscis.gov) and add Education Evaluation, Attorney Fee, Fedex charges etc.

    Please ask your Employer for break up if you are paying for it.



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  • go_guy123
    08-18 12:51 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..

    WH-4 Form is meant for complaining against employer.
    Please search this forum as I had posted this before a couple of times. Dont worry, DOL/USCIS is going gangbusters
    after H1B employers. You first threaten sending the link to your employer. Often that works. If they dont budge then
    file the WH-4. Unfortunately WH-4 may wreck the H1B petitions/extension of other employees working for that
    company(bodyshopper).





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  • rickys_in
    06-02 01:08 PM
    We have couple of threads covering it.
    1. Copy of I485
    2. Copy of both side of EAD (and for faster processing, upper part of mailer, in which EAD came)
    3. Copy of Passport Photo page and last Visa Page (Serves as federal id)
    4. Copy of DL (other id)
    5. EAD filing receipt copy

    In one or two business days, you may be able to see on line status and LUDs. Soon you should be receiving paper receipt followed by FP notice.

    In case of E-Filing the EAD ,
    1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
    Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.

    2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.





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  • Dhundhun
    06-26 04:13 AM
    ...The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.

    I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.

    But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
    -- When a person is having vaild H-1B or H4 visa
    -- When a person is already having AP and is returning within the validity existing AP.





    PD_Dec2002
    05-22 08:21 AM
    Please correct me if I am wrong, but the Hammond Law Group (HLG) was hired by IV for its lobbying efforts, correct? What does HLG have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?

    Would be interesting to get their point of view...

    Thanks,
    Jayant





    srinivasj
    05-18 02:13 PM
    Wow, I just tried the "yanks are coming" one. What the heck is that? Did you actually read all of that? I feel ashamed of myself when you say that. Maybe I am too busy or have very little patience. Probably useful articles, however, due to my inability to concentrate for long (I asume) I could not actually make out what that was all about :confused::confused::confused::D:D

    I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...



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