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  • nousername
    12-15 09:11 PM
    I was in similar (not same) situation years back.. The difference was that in my case only one company applied for my H1B transfer and I got the approval without i-94, just like you and I had to re-enter.

    I also stayed in the country looking for a job (without pay stub), etc... At the US embassy they only asked me how I got the next job, no other questions. Don't remember if they asked for my tax returns as at the time I did not make the required amount.. but I surly carried my returns.

    I did not do any calculations in your case but the only thing that worries me is the time you were out of status. If it is more than 180 days then I might be little worried. May be guru's here can throw some light on that.

    Dear Sunny,

    I will be honest to VO and there is no doubt about it. But i am wonerding if my past condition is going to pose any threat on my visa stamping.

    And i am also wondering if anyone has gone with situation like mine?

    My company has not applied for GC (labor) yet.





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  • immique
    04-15 10:26 AM
    I had the same problem a few years back and I believe you have to enter the total AGI(adjusted gross income) from last year's joint return even if your wife did not earn any income. As far as I remember, if you filed a joint return last year, that number will be the same for you and your wife. if you still have any doubt, you can call IRS or consult a tax professional





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  • Roger Binny
    05-08 01:14 AM
    I believe the same post sounds some what fishy, check this guys posts all the way back from 07 to till now.

    posts (http://immigrationvoice.org/forum/search.php?searchid=1654575)

    USCIS going all the way back to 1999, that too dependent's I-94 card which has a month expired.

    Why on earth an attorney didn't suggested to use nunc pro trunc which facilitates saying person is maintaining legal status after the recent entry.





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  • bnaredla1382
    06-17 11:01 AM
    My PD is nov 2003 and now I am planing to port my EB3 to EB2.
    I need to know the process to do it.
    My previous EB3 is with my old employer.
    My I-140 approved from my old Employer and applied I-485 in july 2007 and
    later in may 2008 I moved to my current company using AC21 and I applied for H1b also.
    now I working 6th year on H1B.
    And Here are the questions, if I file new labor have:
    1). how long will it take to approve?
    and once labor approved, for I-140
    1). Am I eligible for premium process of I-140.



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  • snthampi
    05-07 11:20 AM
    What do you mean by legal basis. He agreed to pay $2 to company A (in email) until the project ends. If this is correct, he should continue paying $2 to company A. Since the OP stopped paying $2 , company A wants to make sure that the project ended.

    Ofcourse, Since thee is no contract or agreement between company A and OP, no need to pay $2. But that is not fair on his part. Company A is not asking for 25-40% from billing, He just asked for $2 per hour.

    He has to pay them only if he signed a contract.

    These consulting firms are run mostly by bums and will always try to rip people off.

    Before start paying, he should have consulted Department of Labor to find out if he really needs to pay and whether company A can demand such terms? These bums take advantage of people who get scared of them.

    OP, if they continue to mess with you, try to get in touch with Department of Labor.





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  • johnifanx98
    04-23 09:53 AM
    No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.

    http://www.immigrateusa.us/index.php?option=com_content&task=view&id=866&Itemid=63



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  • sorcerer666
    02-04 08:03 PM
    There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.

    Specially from the crappy source you had provided.


    Sachin, aren't you the OP of this thread. Since you have already read those thousands of posts why ask the question in the first place and then if someone is quoting a source and you are not willing to listen, then ignore the post. Why would you go on and start a fist fight.

    I think moderators should just remove such posts.





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  • F1_doubt
    05-10 05:20 AM
    Hello all, my scenario -

    Been in the US for 5 yrs (MS + work). My employer had filed for my I-140 which was also approved. However, I decided to leave US, quit my job and have been in India for the last 1 year. Now, I want to go back to school in US and in the process of applying for a F1 visa.

    Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?

    note: Though my priority date became current in 2007, I chose NOT to go ahead with my GC application (I-485/AOS) as I did not have any intention to settle in US.

    Would really appreciate some insight into my F1 prospects and how to bolster my candidature to the Visa officer.

    Thank you

    P.S. The entire thought process started when I saw the question "has anyone ever filed for immigration petition on your behalf" on the F1 visa application form!



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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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  • shana04
    07-31 10:27 PM
    I had infopass appointment 2 days ago to enquiry about name check status. You stand on the line the security guy check your infopass appointment confirmation letter, and verifies the appointment time. if it is > 15 min. then he asks you to come 15 min. before. The receiptionist calls the next person in line. Takes the infopass appointment cfrm letter, and ask for what is the purpose of the appointment. Once she verifies it, If she gives you a token then you will go inside and talk to immigration officer.

    myvoice23, thanks for information.



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  • gc_on_demand
    10-14 04:51 PM
    This bill should be supported by all EB categories. 50,000 visas per year is significant.

    Trust me.. Unless CIR passes or fails nothing is going to change. These introductions are base less. Its like just a thought. Even all of 500k professionals who might be stuck at various stages of GC process unite and call to pass it . It will not pass. Period.

    Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.

    We may achieve some admin fixes if current administration really wants to help us.





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  • chi_shark
    05-07 11:14 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg

    what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?



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  • yabadaba
    07-12 09:01 AM
    just let adolf tancredo roll of your back...hes just trying to get few more days of publicity out of his quickfading presidential bid. sala tingu





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  • sdrblr
    08-09 06:18 PM
    reason # 13.
    USCIS says....if we do it the right away, then what will you all do...

    there will be no IV
    no checking this site over the weekend
    no complaining (to be read as B******g)
    no Ombudsman (he needs to be fired) ..no lobby group in DC..they all will lose their job.. USCIS is improving the economy :D



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  • rockstart
    05-05 09:09 AM
    As long as you are working in the same position you should be fine. Also since you are making more than what is specified in your labor there is no reason to be worried. At I485 stage all they want to validate is that the employer still has the position open and you are still employed. So there is no real need to worry about the greater income.

    Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.



    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07





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  • jthomas
    03-27 12:00 PM
    Thats not the case. USCIS will revoke employment based AOS since mariage based AOS has higher priority. So the process would be, they would call for a normal interview and then hand you a paper that
    " since you have a second petition (employment based) so they have to combine both of them and then they would issue a green card."
    Its just because you were in this country legally for a long time they will go through all the required paper work. IT MEANS DELAY in processing or may be RFE to get more details.




    Hi there-

    I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com



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  • punjabi
    02-25 12:45 AM
    Hi,

    Another consulting company may very well hold your H1B, but you will have to be working through them. You cannot sit on bench and they "hold" your visa. I will suggest transferring your visa ASAP to another company.

    You can very well go to H4 and again go to H1B under new quota, but why take the risk? If you are not selected in lottery, you again have to wait until next year.

    Get your H1 transferred and find a job agressively.

    Good luck, my friend.






    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.....





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  • ajay
    05-22 06:58 PM
    Do we need to pay $340 for the second renewal of EAD and AP?

    USCIS page says, no fee only if you have filed 485 after July 30, 2007.
    I also have paid for EAD and AP for all of us,wife,son and myself.





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  • kart2007
    05-11 08:54 PM
    Been there, done that!
    In US It takes one day if you have police report, old passport copy. I have done this at the Chicago embassy. They will issue you a new passport with visa stamp (US visa only).





    lacrossegc
    08-10 07:29 PM
    both you and your wife should be in US to file for AOS





    number30
    03-27 04:45 PM
    So what do I do.
    I am looking to buy a SUBWAY franchise outright costing 200 K

    What kind of green card you have applied for? What are you lookning to Do?



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