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  • FinalGC
    03-30 10:44 AM
    Yes, their AOS is applied......





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  • kk_2000
    11-06 08:54 PM
    Hi,

    We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".

    Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".

    Can you please share your experience?

    Thanks,
    KK





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  • jsb
    10-21 11:30 PM
    ...
    ...
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current....
    IK

    You don't add your wife's name to your I-485. She sends her own I-485. Of course, she can only send it in a month when your PD is Current. She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.





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  • shruthi07
    01-14 07:20 PM
    Your wife has valid legal status till July 2008. The Officer at the POE should give the I-94 date as July 2008 as visa is used only for entering the country before June 2007. If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected. My friend has been in the same situation and was given the later date at POE.



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  • lavanyamohan
    03-17 01:10 PM
    Hi mhtanim,

    Thanks for your response.


    Is www.gowda.com a reputed lawfirm.?

    I am just being careful as I have suffered a lot due to in effiscient attornys .





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  • gc28262
    07-30 07:07 AM
    Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)

    As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
    The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."

    The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.

    We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.

    Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).

    Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:

    "Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
    and
    "On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
    We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.

    This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.

    In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.



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  • gclabor07
    02-12 08:31 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.





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  • pd_recapturing
    10-31 08:02 PM
    This topic has been discussed a zillion times in this forum. Please search all the threads.



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  • snthampi
    11-18 08:27 PM
    You need to provide a delivery address where blue-dart delivers. It will let you move forward once you update the address. I can vaguely remember that there is a link to edit the delivery (courier) address.





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  • Browndog
    February 20th, 2005, 07:43 AM
    if it's any help i have a 2nd hand Sigma APO macro 70-300mm. like NikNikon i found the D70 kit lens much sharper generally, but the sigma when stopped sown to f8 or f9 at 300mm seems to be sufficiently clear enough and really helps for picking out faces in crowds etc. i recently went to a chinease new year festival and the extra reach of the lens blew me away. i could get full frame shots of the dragon mask even though i was stood further back in the crowd. being stopped down thoough i find if the light is less than ideal i need a very fast ISO to keep the shutter speed up. hope that helps :-)



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  • martinvisalaw
    10-22 01:50 PM
    I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?

    yes

    Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [

    Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.

    I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.

    Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa





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  • waitin_toolong
    10-29 02:13 PM
    H4 people used to use TaxID instead of SSN in their tax returns (joint filing for ex.). What do they use when they get SSN after EAD ? Do they use SSN or just the Tax ID. Is there any requirement that they inform IRS that they got SSN and start using it instead ?

    If you read the letter that came with ITIn it says that when you obtain SSN then send a copy of SSN and ITIn to IRS informing them of the change.

    Till last year changing to SSN required paper filing of taxes, but now has made a provision in e-filing to accomodate the change, but I would personally give plenty of room (time wise) to avoid any bugs that might be there in the system.



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  • randlesl
    November 17th, 2004, 02:38 PM
    Hello,

    I am a new commer with no photography experience. I bought the D70 body with the sigma 28-80mm/3.5-5.6 and the 70-300mm/4-5.6 lens. when taking pics with the 28-80mm lens the pics seem to be alittle blurry and dark, and with the 70-300mm comes out alot clearer and slightly brighter. I am mostly taking pics of people in action, in the house (pics of kids while playing) where the lighting is alittle dim, but not dark. I am wondering if I need to get a new lenes with a better fstop or what to help my pics out??? I must include that I am not trying to use the flash because of the harsh lighting effect that it has. can anyone recommend what I should do to clear up my pics?





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  • english_august
    09-17 09:07 AM
    All of you who are in DC today and tomorrow...please keep sending updates to either media_at_immigrationvoice.org or at legalimmi.dcrally_at_blogger.com.



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  • sparky_jones
    05-20 01:26 PM
    "We are beneficiaries of an EB3 petition"

    Isn't that the biggest issue with several of us! :)





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  • Maverick1
    10-29 01:40 PM
    H4 people used to use TaxID instead of SSN in their tax returns (joint filing for ex.). What do they use when they get SSN after EAD ? Do they use SSN or just the Tax ID. Is there any requirement that they inform IRS that they got SSN and start using it instead ?



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  • seltzer
    02-12 03:42 PM
    Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.





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  • texcan
    09-25 02:06 PM
    How do I see or get LUD for I140 ? Mine was approved in DEC, 2006. Applied 485 in August 2nd week. Will I also get LUD?
    sign up on uscis.gov, add you case number to profile, and you can see LUD (its one of the columns)

    HTH





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  • rockstart
    07-27 08:54 AM
    You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.





    Jaime
    09-06 04:42 PM
    UK and other countries in Europe must be smoking pot to think that they tap into the pool of skilled migrant workers returning from US. These people are returning back to their home countries primarily due to the recent advancements in their own countries, and to some extent due to the GC & visa mess in US.

    The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).

    Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.

    You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)





    ski_dude12
    12-02 01:10 AM
    This is after the dates were pushed back to 2003. There was no movement for a few months. Hopefully they are starting to process the apps in order now.

    Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.