Sunday, July 3, 2011

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  • Leo07
    12-02 10:30 PM
    >>>>>>>bump<<<<<<<<<<




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  • krishnam70
    08-17 05:38 AM
    First, deecha, and VZLAN you are brave men..hope you get through. When the immigration system is so arcane, you cannot blame yourselves
    ===============

    next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485

    I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.

    For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.

    Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007

    I am filing a self-sponsored I140. So, my question is:

    1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?

    2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
    Ask your employer to pay you back wages with a letter saying due to financial conditions they could not pay you blah..make your arrangement to take a pay cut or whatever. File an amended return and include that in your 485 application.

    3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
    -=====-=-=-====-

    Please send me your perspectives.

    If you get caught on something that can be easily rectified and you dont have a way to explain it then there is a chance for denial. There is a somewhat similar case of 485 denial ( he was not paid for 2-3 months) though he worked for the employer and he did not get back wages nor filed with DOL to get them back.

    If you want to play it safe you can wait till 2008 and get your extension and then file 485 ( but would the dates be current? dont know and then file an amended tax and include proof in the 485 application)

    good luck




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  • reddog
    11-12 12:05 AM
    Okay, so many posts, which means we are a community and feel strongly about a community members pain, which means we can be called united.

    On the issue:
    Two different points.
    1) the nanny abusing the child.
    2) the nanny is on visitors visa.

    First and foremost, check your camera frame capture rate. Is it possible that what appears hitting to you, might be patting?
    And why i ask that question is expained below.

    But first,
    This is the IRS sites take on nannies.
    http://www.irs.gov/publications/p926/ar02.html
    Nannies are independent workers and on illegal aliens it says you 'It is unlawful for you knowingly to hire or continue to employ an alien who cannot legally work in the United States. '
    I have a nanny, and I never asked her about her status.

    Do not forgive her, but then, remember, the punishment for her could be very severe, imprisonment of 15 years.

    here is a case of a home nanny abuse, where the nanny was illegal:
    http://www.nbc6.net/video/2551996/index.html

    The nanny pleaded innocent, still got 6 years, state abruptly dropped charges after the nanny spent 3 years in jail. She has now sued the camera mfg. as the nanny cam captured only 5.5 frames per second, as opposed to the 30 frames of video cameras, with the result that the nanny�s movements with her infant charge might have appeared abnormally jerky and violent.

    On the above case, I am sure the parents would have claimed that they never knew about the legal status of the nanny. Cos they are not in trouble.

    So in your case, as you are the victime, you will not be in trouble, law is blind.

    Personally, I would ask myself, How hard was the abuse? I know abuse is abuse, but then, where we come from, hitting is not that uncommon. After getting rid of her, post her video on youtube, and post it on Digg.com/reddit.com. ask her to surrender everything you ve paid her in the past and ask the couple to leave the country and never come back.




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  • dwhuser
    08-12 02:30 PM
    Thus, as curent processing times are at August 23, 2007, dwhuser case file is yet to be opened. Since file is not yet opened, no one yet knows his/her PD (it is nowhere other than on paper files). So the case waits - his/her PD may get current and pass.

    Why so? Because USCIS prime systems are not designed for huge volumes, or PD's so much in the waiting.

    That's exactly what I thought.....huh.....the wait still goes on.....

    Coming to the Infopass....I'll have to drive 5 hrs to go to the nearest office and a loss of pay leave for a couple of days. Not sure if it's worth the hastle :)



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  • paskal
    07-11 12:54 PM
    Off topic, but I'm confused in figuring out the standards for closing topics in this forum. I've seen threads with much lower tone, fewer personal attacks and cleaner language being called useless bickering and closed.
    I don't mean anyone personally, and I can be wrong, but to me it seems like if the people involved are not moderators and expressing reasonable argument against an IV goal or IV practice it's quickly a target for closing. While if a moderator is involved and has enough supporters to overpower the other party, the thread is kept open with no problem even though it's the same level of bickering and insult exchange.

    hey bfadlia,

    how goes life with you? its human to see things through personal lenses. when you are involved in a thread and want a discussion you (or i) will always feel it is a target, if it gets clsoed....
    personally i hate closing threads. i give tons of warnings and keep stating...i will close...but rarely do :-)
    in this case, the effort is to bring the thread back to the original discussion, in deference to the original posters.

    we seem to succeed intermittently....until we are thrown back OT :-)

    hope it's a sunny warm MN weekend!

    ps at the same time moderators are human too...and i don't think there has been much overpowering here, last i noted, i was the one apologising :-)




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  • bugsbunny
    12-08 01:08 PM
    its unbelievable what attitude some have on here...many on here are anti-illegal immigration which is understandable...but how can you condone such inhumane treatment...we are not animals...illegals are economic refugees in a way

    just cause most of us on here were blessed to come up in decent families who afforded our education...it doesnt give us a right to treat the less fortunate with no dignity...what a shame

    always "treat others the way you want to be treated"



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  • msp1976
    02-04 12:53 PM
    So please take a crack at how it works. Above posting is right from the horses mouth. As I challenged people if they think DOS/USCIS is breaking the law by going vertical instead of horizontal then they should contact them or sue them. However, no one has been willing to do this.


    In my opinion by 'Using the unused EB2 visa for EB3 ROW instead of EB2 India', USCIS is following the law as congress pased it...The law may be not fair but that is a different issue...If you want to change the law you have to get that done from the congress...suing USCIS would get you nowhere....

    In fact USCIS could do anything they want...They can let it flow vertically or horizontally...And they would have a good enough case in courts...




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  • sheela
    08-14 01:44 PM
    Ok Here goes:

    1) Go to https://egov.uscis.gov/cris/jsps/selectusertype.jsp
    2) Click on "To register as an applicant customer click here."
    3) Accept the Terms and Conditions
    4) Enter the information CORRECTLY.
    5) Once done enter your I-140 SRC, LIN etc number without dashes by adding a case.
    6) Either immediately or after a day or so, IF there is an update on ur I-140 LUD you will see it.

    Thanks Eb3 Nepa
    It shows updated 7/22/07 what does it mean.It only reads as it used to 'I-140 approved on feb 24th 2006' . Anyway, my I-140 was approved from TSC and AOS filed at NSC on 7/2. still waiting for RN



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  • mursai
    07-17 07:03 PM
    GREAT JOB ! I thank each & everyone of the IV Core team for this tremendous effort ! Enjoy everyone !




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  • abhijitp
    11-28 03:28 PM
    The question in the title of this post is for the user who gave me a red dot for "selling the July VB reversal"

    I am going to re-iterate, for I firmly believe I owe my ability to file AOS to this organization!

    If you too saved thousands of dollars owing to the VB reversal... this is the least you can and should do to help yourself to a GC, a few years sooner than otherwise.

    Contribute funds now to IV!
    Sign up for monthly contributions (preferred), or contribute one time!



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  • rameshvaid
    03-07 05:26 PM
    I pledged $ 100.00. Pls. let me know how and where to send..GOOD LUCK...


    RV




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  • mdy_tvr
    06-20 07:05 AM
    Hi there,

    My wife too is in exactly the same problem. I am also looking for an answer to this. let me know if anybody went thru the 485 stage without any issues with this
    I have a similar problem. In all my documents i just have one name as given name from childhood no surname or initials.

    In passport given name is : XXX
    And surname is : blank

    In my H4 stamping they made it
    Given name : FNU (First name unknow)
    Last Name : XXX

    So in my medical record and I-94, I-797 in US i use FNU XXX. I am planning to apply with this name itself as i feel it may take a while and is not safe to go to indain embassy and have a name change with this short time.

    I plan to have my husbands name as my last name later.

    Can i do it after filing for 485 or getting GC. Do reply.



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  • deecha
    07-21 08:09 PM
    First, deecha, and VZLAN you are brave men..hope you get through. When the immigration system is so arcane, you cannot blame yourselves
    ===============

    next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485

    I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.

    For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.

    Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007

    I am filing a self-sponsored I140. So, my question is:

    1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?

    2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)

    3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
    -=====-=-=-====-

    Please send me your perspectives.

    Please see one of the replies I have above in response to another post. You employer could not pay you, but it is not your fault. If a RFE comes up, you can file affidavits to that effect. You have to consult a good lawyer.

    If you are not going to be leaving the US, you shouldn't have to worry about the H1 stamp because you should be getting a new I-94 with your H1 extension approval notice.

    HTH




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  • anilsal
    09-07 11:19 PM
    Nope, they are not taking my jobs but you are. So don't care about them but I do care about what you are doing or going to do.

    Thanks for caring. Wake up to the global economy.

    http://findarticles.com/p/articles/mi_m0EIN/is_2006_May_15/ai_n16360877

    Maybe digest the fact that it is a 2 way journey. Qualified people are coming to the US whereas many of the top graduates from here are going to Indo China, to work for top firms.

    Adapt or perish.



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  • PlainSpeak
    04-15 09:04 PM
    PlainSpeak...F1 are not burden to US, they pay big college fees for the education.

    You know who is real burden, thats H4 visa holders like you. who have nothing to do. they just sit home eat and fight.

    you are a classic example of burden to the society.. you are spending all the time here and fighting with everyone.

    if anyone starts talking about anything, you just come and start fighting.

    Jet

    Wonder full now EB2 is against H4 visa also beside BE3 ?




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  • MahaBharatGC
    12-03 05:10 PM
    Just couldn't believe how much the IO knows about. They are just so mechanical in actions and they do not even know the basic understanding of various bulletins. :mad:
    I pity on your experience and it just shows how important to record keep every communication you make!!!!

    Best of Luck & JaiHind!
    I guess My interview didn't go as expected.

    1) I reached the office an hour early.
    2) After waiting,they did security check and let us in
    3) Then the lady who was assigned my case, came and took us into her room
    4) Oath, etc
    5) She then started asking for Birth cert, Marriage Cert, kids birth certi, 140 approval copy.
    6) Then she pulled a file (which was labelled DOS Visa bulletins) and spent around 15 mins on Oct 2007 bulletin.
    7) Then asked us who filed your 485..you did your self or your employer did..we said employer.
    8) Then she said, something is not right..per Oct 2007 bulleting Visa's are unavailable so yours was not filed properly.
    9) Then I said, ours was filed in Aug 8th 2007. She insisted the receipt date is oct 2007..then we showed her our 485 reciept.
    10) Then she thanked us and started looking at Aug 2007 visa bulletin. and said, even then in Aug 2007 EB2 was U, so yours was not properly filed.
    11) I told her, There was an interim Memo released by USCIS that they will accept application until Aug-17 2007 based on July 2007 visa bulletin
    12) She said she will look at DOS bulletins
    13) After 10 mins she said, she cant find any such memo..and said, since there is no evidence with her, she has to deny our case based on "Improper filing when PD was not current"
    14) Then I said, if PD was not current, wouldn't TSC return the application denying on the spot? Why would they accept the application?
    15) She said, you would think so..but they accept many times..so we are told to verify all the time
    16) THen said, she believes us but for process, she needs evidence and said she will look into further and then make a judgment.

    17) We had no choice and we were over the interview. we were little disappointed though

    18) After coming home, I realized she took all I-94s and we got panicked..because if 485 is getting denied and I-94s are gone, how do we prove our legal status, so we thought of going back..then I thought, if have to go anyway, then I should take a print out of Interim Memo

    19) I went back an hour later with the print out
    20) I told security that, we had finished our interview and officer forgot to return our I-94..they insisted that we shud take infopass and they wont allow anyone to go back..I had to really argue with them (I decided I have nothing to loose..anyway 485 is screwed and so stood there asking them to let me in)

    21) After consistent nagging, the security guy took our passports, interview response letter(After interview if your app doesn't get appproved they willgive a kind of reciept saying u attended the interview..blahblah) and went in

    22) Came back and told me to go in since the officer wants more details from you (I thought this was a miracle)

    23) I went inside, and after a while officer came back. We apologized and told her that we came back for I-94s..she said they will retain and wont return..We told her that we are not using EAD and we are still on H1B..she said she will give back..
    then she asked, I am sure you didnt come back for I-94 alone, did you get any document?

    24) We showed her the memo.

    25) She read that and said I am glad you came back..this clears everything out..I will run this by my supervisor and will see if we can adjust status today

    26) We waited for 2 hrs and then she took us inside.
    27) Asked our passports (to stamp...really)

    28) Then she looked into the computer to get the visa #.
    29) The we noticed a changed in her face and then she quickly turned into a folder of current VISA bulletin..we said..oh..no..not again.
    30) The officer said, per visa bulletin u r current and ur PD is dec 2005..there is no reason for system not to allocated a visa #..
    31)She tried for 10-15 mins and finally gave up..said she cant stamp in the passport without allotting the visa number..said sorry..I cant do anything..I will follow up with DOS ppl and will let you know in a week or so.

    32) The reason she gave is, when she tried to allot the visa, she got a message, "cut off date not established". I have no idea what this means.

    hmmm....still keeping fingers crossed..this is nothing short of a car race.


    :confused:



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  • gsc999
    11-20 12:24 PM
    Guys n Gals,

    We can't donate to the Presidential candidates because we are not citizens but you have an option to make donations to IV.

    With your support we can make a difference, a big difference!

    Let your voice be heard.




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  • acecupid
    08-21 04:36 PM
    This is a totally wrong message someone out there put out to make people nervous. Application support centers do no have IO's. The only IO's you will meet would be at a different USCIS facility where you take appointment and stand before the counter and ask the questions.

    There will be no reason why someone would meet a IO at the fingerprinting place which generally have technicians and security to monitor the process. You sit in a waiting room alongwith 100 other people, then once your name is called, you do the fingerprinting and get out of the door.

    There is no time to mingle with IOs nor there will be IOs(friendly or not) who would be willing to disclose any information to you.

    Some people online gloat at having pleasure to spread disinformation. this seems to be the case...

    Guys take it easy...


    I hope you are right. But seems like the guy sure rattled your cage :)




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  • abalu400
    07-21 08:57 PM
    Please see one of the replies I have above in response to another post. You employer could not pay you, but it is not your fault. If a RFE comes up, you can file affidavits to that effect. You have to consult a good lawyer.

    If you are not going to be leaving the US, you shouldn't have to worry about the H1 stamp because you should be getting a new I-94 with your H1 extension approval notice.

    HTH


    So, basically if I get a new I-94, am I in status again? Someone mentioned that you should be in status since your last arrival to the US. That was in 2004. So, i was under teh impression that I had to leave the country and return and things would be OK.

    If you know, can you PM me any lawyer who you can help in this matter?




    paskal
    12-20 05:12 PM
    things have slowed down:(
    there are more guests on the site than members
    we need to encourage onlookers to sign on.
    this thread needs to be sticky again please....




    akhilmahajan
    06-18 09:56 AM
    My wife got her name changed on the passport last week from the DC embassy. Her original Indian passport had only her first name and her last name was blank. Her US documents (Visa, SSN, Drivers License, etc) had her name as <first_name> FNU (Family Name Unknown). For a passport name change, the Indian Embassy requires you to:
    1. Create an Affidivate in India saying that the name needs to be changed from <first_name> <blank> to <first_name> <last_name>.
    2. Publish the name change in a national newspaper.
    3. Publish the name change in a local US newspaper.

    Along with the name change application, you have to submit the original affidivate, the paper clipings of the Indian newspaper and the local US newspaper.

    Alternatively, if you have a marriage certificate and the marriage certificate lists your name as <first_name> <last_name> rather than <first_name> <blank> (as on your passport), you do not need the affidivate and a copy of the marriage certificate is sufficient.

    The renew/change-passport-by-mail service that the indian embassy provides will take 10-12 business days (excluding Indian public holidays :) ). If you go in person to the consulate/embassy you can get your passport back within 3-5 days.

    Atleast as far as I know, the DC embassy doesn't have any same-day service(don't take my word for that, I could be wrong). Good luck !

    Thanks for the information, that is really valuable..............



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