Friday, June 10, 2011

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  • kaisersose
    04-16 03:11 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks

    This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.

    Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.

    In short, just keep your jobs and file an MTR ASAP with correct documentation.





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  • EkAurAaya
    03-19 10:23 PM
    There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)

    If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000


    When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.

    I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!


    More over are you making any money on the property sale now a days?!



    FED allows

    Thanks for confirming! No i m not looking to sell in this market :D (although if i have to sell i will still break even) i have a rental property that i was thinking of selling early last year and the lawyer mentioned this to me... so i wanted to confirm!





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  • logiclife
    01-24 11:31 AM
    If that is a problem...you know...thousands more filing 485 and swamping/drowning/choking/killing CIS, then maybe, in that case, we should not be pushing for SKIL bill also. Correct?

    Because :

    What happens if 485 filing is allowed?
    All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.

    What happens if SKIL bill passes?
    All and sundry apply for 485 and swamp USCIS and choke/swamp/kill them.
    And they swamp them even more since they also have to process them not just accept those 485 petitions, since SKIL increase numbers and makes those dates current?

    So maybe we should not push for SKIL bill also.

    And let me take that a little further. Maybe we should not ask for any numbers increase, we really should be thinking about USCIS and not just ourselves. How selfish of us to think about ourselves? Its always Me me me.

    Why dont we every stop and think about the poor USCIS worker who has to work 40 hours a week just so that people like us can get our stupid little H1s and EADs renewed ?

    Where were you until now dionysus? How come the other 8500 registered members never ever stop and think about the poor poor USCIS and its workload?





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  • fide_champ
    04-06 05:31 PM
    Does not sound right. Where did you hear that?

    AC21 allows you to change jobs after 180 days of filing.



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  • shankar_thanu
    08-03 11:11 PM
    How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?

    According to posts on the forums, they dont always give the NC status when we cal the cust service line, I was able to get the status when I called, guess it depends on the IO.

    When i went with infopass for some other issue back in feb I was able to get the status without issues.





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  • mchundi
    07-28 01:36 AM
    Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


    Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

    Can someone please help?
    U will get a 3 year H1-B with the new employer.
    i donot have experience with PERM. From what i know it varies from state to state. typically 6 months, may be longer or shorter.
    --MC



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  • diptam
    07-27 10:12 AM
    Vikram Man,

    You are awesome - Thanks for your help..

    Diptam





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  • gcwatchdog
    11-20 12:32 PM
    It,s better to have all the paystubs for easy employer switch(AC21).
    You should prepare for sacrifice holding payment.....or feel like you are on vacation...



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  • panks
    04-01 10:06 PM
    Hello,
    I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
    In July'09 , I received a RFE on one of my two approved I-140.
    This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
    I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.

    In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
    the reason we referenced non approved I-140 because it had an ealier PD.
    The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.

    Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.


    Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :

    Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.

    The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.

    The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
    I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.

    I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.

    My question to boarders here is :

    a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
    b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
    c) Any other innovative ideas ?

    -Thanks in advance.
    Panks





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  • chunky
    07-26 03:21 PM
    We are planning to go India in October (after receipt of 185). If I apply for change of status it will be cancelled because she left country before aprooval".

    I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions


    Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

    All the same, I would still get a H-4 as this will be advantageous as,

    1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

    2. AP takes a long time to come and she has to make an urgent trip back home?

    3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

    The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."



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  • pmb76
    03-25 04:49 AM
    This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !





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  • sanojkumar
    08-21 11:51 AM
    bumping up??



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  • smuggymba
    03-07 02:15 PM
    Hi Smuggymba, very sorry to see you in such a situation...



    These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.





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  • srikondoji
    11-21 07:52 AM
    Sorry if that title is misleading.

    How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?

    Don' worry about the available visa numbers. Just express your hunch feeling.

    Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?

    I am hopefull of this happening next year.
    What about you?



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  • gc28262
    01-16 09:42 AM
    can we just buy a vacation for the burger king (a.ka. steve king) and ask him to go to bahamas or cancun or somewhere.... so that we can pass the recapture bill....

    Maybe we can offer him a horse ride to nowhere. He will get enough time to think about "cruelty to horses".:rolleyes:





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  • GooblyWoobly
    09-25 01:42 PM
    3)Once you got EAD card onhand you can directly go to any nearest SSN office and apply.You should get SSN card with in 15 business days or earlier..

    HTH,

    Just to make sure you don't get confused about Answer 3..... No, there is no time limit within which you must get the SSN. You can apply any time for SSN as long as your EAD is valid. But I see no reason why you should wait. Moreover, if she starts working, she cannot get paid until her SSN comes along.



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  • glus
    05-31 10:38 AM
    thanx
    This is my first time $100 contribution.
    Paypal Id: 31T703381K4953443





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  • tulips
    05-25 08:52 AM
    Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?





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  • TeddyKoochu
    09-04 02:11 PM
    Dear Friends, My sincerest hopes and prayers that EB2-I dates advance my PD is Jul 2007 and we narrowly missed the Jul 07 windfall. I hope our wait for EAD & AP ends this year!

    My mind says its difficult, heart says pray for it, maybe our wishes and prayers are granted in the Oct VB. Good luck to all :)





    gparr
    April 3rd, 2005, 08:50 PM
    Here's a link with steps for how to blend two images. You have to use a tripod and take them one after the other. Waiting until later would not have worked as the cloud formation would change. It's two exposures, one for the ground/dark part of the image and one for the sky. Try it by going out one evening and taking shots of a sunset and using one of the techniques in the link. One thing I learned at a Photoshop seminar I attended this week is not to merge the layers but under the Layers menu, choose Merge visible. Merging layers causes color loss/deterioration.

    http://www.luminous-landscape.com/tutorials/digital-blending.shtml

    Gary





    anilsal
    01-20 08:56 PM
    A passport is provided to an individual as a sign of his citizenship.

    I wonder why they are doing 1 year passports.



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