Thursday, June 16, 2011

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  • sanju
    11-20 03:51 PM
    Generally secretaries follow laws. They do not frame any regulations or have any role in it. It will be in hand of Obama's immigration appointees to push immigration.

    Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.

    I think it would be incorrect to say that Secretaries do not frame regulations and it would be incorrect to say that they do not influence the policy and new laws. Infact, each Secretary have their own legislative group of staff who work with the congress.

    Yes, we heard from Chertoff in the media during Katrina, Rita, Fay etc., but they have a lot more to do in terms of influencing the policy that govern the framework of any new legislations.




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  • RandyK
    07-18 01:11 PM
    Timing is everything........... that window of opportunity has passed, luckly we were able to use it to our advantage this time.


    Trying to use the same method again will backfire for sure




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  • nixstor
    01-17 04:07 PM
    There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms).


    Aren't 1040, 1040 NR, 1040NR EZ different forms?

    OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.

    www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.

    The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.




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  • wandmaker
    06-10 01:36 AM
    you better consult a very good attorney rather than asking for someone give you expert opinion.:eek:



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  • WeldonSprings
    05-27 11:18 AM
    I am starting a new thread ONLY for people who e-filed I-765 to NSC .

    I e-filed at NSC on 14 Apr 2010. Received the receipt on 04/16/10 and had last LUD on 04/20/10. Waiting for approval

    Are there other folks who applied around the same time as me and still have not seen approvals.

    Please respond and update this thread periodically.




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  • JulyFiler
    10-08 06:15 PM
    FWIK, EAD is just a work permit. It does not give you any status. So you have your H4 to keep your status and EAD to work.



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  • cdeneo
    04-02 10:41 PM
    I have a somewhat tangent but related question that I could not find a definite answer to while searching thru the various threads here -

    What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.

    Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?

    Any insight into how to tackle this would be very helpful. Thanks!




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  • OLDMONK
    07-08 08:44 PM
    You don't have to. But if your case is straight forward files last 3 w2's. If you did have some out of status time or lower than usual wages in recent years, just file the most recent one + 3 paystubs.

    My point is why conceal details if you are ok. Filing before an RFE might preempt RFE.

    Being a stright foward case help USCIS decisions a big way, I have personally experienced this at my 140 stage.



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  • bigsky
    10-17 06:43 PM
    I received a letter from BEC and it says
    This Notice of Findings is the Department�s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?




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  • smartboy75
    07-09 01:59 PM
    USCIS has different meening for Re-entry permit and Advance parole. Infact the eligibility criteria is different for both. Look at I-131 Instructions. Its very clearly specified there.

    Hope this helps.


    1. Re-entry Permit - A reentry permit allows a permanent resident or conditional resident to apply for admission to the United States upon returning from abroad during the permit's validity, without having to obtain a returning resident visa from a U.S. Embassy or consulate

    2. Refugee Travel Document - A refugee travel document is issued to a person classified as a refugee or asylee, or to a permanent resident who obtained such status as a result of being a refugee or asylee in the United States. Persons who hold aslyee or refugee status, and are not permanent residents, must have a refugee travel document to return to the United States after temporary travel abroad.


    3. Advance Parole Document - An advance parole document is issued solely to authorize the temporary parole of a person into the United States.

    The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to travel to the United States. An advance parole document is not issued to serve in place of any required passport.
    Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
    NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

    B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
    However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

    Thanks for clarifying....
    I mistook AP to be a re-entry permit....My bad....



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  • superdude
    07-17 11:26 PM
    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
    I think you are good.She needs to mention that she left to India after filing for 485 at the POE after returning.Talk to your attorney once.




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  • pgc10
    02-03 01:00 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.

    I'd like to believe that USCIS doesn't act upon such information. However, look at this guy's case.

    He says he got a "response" from USCIS after filing for AC21 stating that the information he sent was now "attached" to his existing application.

    http://immigrationvoice.org/forum/showthread.php?t=23339



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  • ebizash
    03-31 03:44 PM
    I wonder why his/her handle is "webPromo"??? hmm... promoting "something" on the web...:D.




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  • nj.gc
    08-04 06:11 PM
    HI

    I just spoke with customer service representative, She said 2 A #s are not at all problem and she said one more thing to make sure that I485 A # should appear in GC when it will approve.



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  • zCool
    04-02 08:43 PM
    Hi Bhayzone,

    Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!

    Good luck!

    Ams

    All other points are on the dot!
    Only F1 being better than h4 is really depending on one's situation..
    F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
    Secondly, F1 has become much restrictive since implementation of SEVIS.
    H4 on the other hand is duel intent

    Major advantages of F1 would be
    1. Possible on-campus 20hr work authorization and later OPT authorization.
    2 Chances of getting assistanceship.

    So it's not black and white..
    and if you've applied for 485.. F1 is really definitely not the way to go..




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  • swede
    07-19 08:47 PM
    How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?

    The more the better. Maybe you don't need to file them at all but rather than risk getting an RFE later, send them as much info as possible.
    I sent all my W2 and tax returns since 7 years back...

    An RFE shouldn't be too bad, you just waste a week or so. You'll be ok in any case.



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  • Aah_GC
    09-21 11:14 PM
    Thanks...your replies were compassionate and philosophical in a way.
    Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.

    See tonnes of people going back----are we chasing something we are not supposed to do?

    IMO I think that is a question only you can answer. Since we are all chasing some thing or the other -- it makes sense to enjoy the journey, see how we can be happy today and let nature take its course. For some going back to India makes most sense, for some probably not. Either way, the decisions that we take should be based out of our own individual purpose and desires than be guided by externals.




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  • lenbin
    10-24 04:29 PM
    h1 extension applied on july 14th on oct 19th approval notice sent..




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  • leo2606
    09-24 03:42 PM
    My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
    She is planning to take up permanent job at the client place she is currently working as a consultant.

    What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?




    silveroaks
    10-03 10:37 AM
    They do the same n FL and whats worse....they only issue temporary license that expires every year.




    fall2004us
    03-22 02:43 PM
    samswas - sorry for hijacking your thread a little bit.
    here is my question:
    Can I travel while EAD is still pending, though EAD is not being used, and mode of entry will be still H-1 and AP papers as backup.(no employment change)



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