Thursday, June 16, 2011

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  • wandmaker
    10-20 06:08 PM
    Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."

    When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?

    Thank you,

    This is a forum for lawful immigrants, not for unlawful.




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  • psam
    11-02 12:05 PM
    I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

    An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

    --Parag




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  • santb1975
    03-09 11:06 PM
    I talked to attorney Murthy about this issue a few weeks ago. My 140 was approved July 2007. The salary I currently make 485 is 10K less than the salary mentioned on my Labor. I work for a speciality Pharma company with steady revenues. They are a public company as well. Two years ago my company Attorney(Fragomen) and my HR said that should not be a problem since GC is for a future position etc. When I checked with Attorney Murthy she said that is true but if you get a strict immigration officer he can say that the prevailing wage determination for your job was done two years ago and you are still not making that money. She said it is better to make the $$ mentioned on my labor now. I am going to ask my company attorney the same question and see what he says. I have a lot of respect for my company's attorney




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  • GotFreedom?
    07-23 05:28 PM
    It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.

    Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.



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  • nviren
    05-01 09:05 PM
    Bkarnik,

    I was also surprised to see appt available in May at Mumbai for regular (non-emergency). Only for the moment though. After May, the earlist available was in first week of Oct 06. You get to know that only when you actually want to make an appt.

    ujjvalkoul, satyasaich,

    About the emergency appt for returning H1, I am bit confused. Won't they ask: "Ok, so you are returning H1. So what was an emergency that you needed to travel and needs visa for?" if you have no business emergency?

    Has anybody here, a returning H1B, actually got a stamp through emergency appt by just saying that he is returning H1B and without showing any proof of a need of an emergency travel?




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  • miguy
    12-20 02:52 PM
    how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#

    please help



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  • hianupam
    11-09 08:35 AM
    Texas does not give a damn about any of this.

    Just saw my SSN card, old DL and EAD and gave me a license which expires in 2014.

    Anybody have any recent experience in getting a TX drivers license in Houston while on EAD?
    I currently have a PA driver's license that is about to expire in Dec.




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  • manand24
    08-03 12:17 PM
    Well atleast we arent alone I guess

    Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!



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  • arihant
    05-22 06:27 AM
    For those of us who will not have access to the press release, kindly post the transcript (or even a brief summary) of the findings when it becomes available.

    Good luck, Aman and Shilpa! Do not know how you guys managed to be invited to the event, but in any case, your efforts are to be commended on the whole.




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  • saileshdude
    08-20 03:34 PM
    I got name check information atlast today. Its cleared
    Still waiting for GC Approval. God knows when it will get approved.

    Labor Priority Date: May 24, 2006
    I -140 Approved: Oct 2006
    I-485 RD July 2, 2007
    I-485 ND Aug 27, 2007 with SRCXXXXXXX


    babu123,

    How did you get this information? Did you call TSC today using POJ method?



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  • inetuser
    10-24 05:51 PM
    Lets start new threads.....
    1. ordered
    2. approved
    3. ordered and approved but not yet received
    4. ordered, approved and received


    is there anyone on the boat or "ordered and not approved" then we will consider new thread for that also :D




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  • imm_pro
    06-11 12:55 AM
    This will be useful if you filed your labor after the end of 5th year and the 140
    is still pending at the end of the 6th year.



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  • joydiptac
    05-14 05:02 PM
    Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

    Now the question is does it automatically lead to audit?

    In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
    FWIW




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  • number30
    04-29 06:08 PM
    Thanks snathan and aravindhome for your responses.

    I'm going to consult an attorney on this for sure...

    After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
    My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
    OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?

    I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.

    aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?


    Thanks a lot

    Ravi


    Once she is on F1 here you can get married.



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  • IVFOREVER
    03-26 04:42 PM
    EB2 will stay the same as April 08 VB.




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  • whyregisteration
    12-19 03:08 PM
    Hi, friends,

    NIW approved(RD: 7/2006, AD: 1/2007 at SRC) while 485 pending (not current country, July 3rd/2007 submitted and taking a rest in SRC also:)), FP has not received yet, called several times but nothing useful up to now.
    Now EB1 just approved, I would like to submit another 485, what problem will cause? I heard that the relink would be a good choice, but I also heard some failed while some succeded :confused:
    A lot of thanks for any input:):)



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  • sargon
    07-12 03:48 PM
    May be you should not keep two spouses. Sounds kinda risky.

    Just kidding. The title of the thread goaded me into making a wisecrack.




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  • solaris27
    08-06 12:39 PM
    hopefully they will process my application soon.....




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  • gc_lover
    04-27 09:57 AM
    I had received the same story in email about 7 years back.

    You are right. I keep getting emails with this story every now and then. I have travelled so many times to India and never had any problems of such kind at airport.




    joydiptac
    06-21 01:48 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.




    kumarc123
    09-07 02:28 PM
    Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.

    Well I am a optimistic person,
    Maybe IO and Uscis knows something which we all don't know. If this happens, it will be all worth it, I hope what IO officer said really happens.

    In the meantime, lets focus on what we really need to do in regards to the pending bill

    Good luck to everyone



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