Tuesday, June 14, 2011

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  • GKBest
    10-30 05:26 PM
    We recieved EADs 3 weeks back and I am planning to apply SSN for my wife and kid.

    Can anyone let me know what documents are required to show up at SSN office while applying SSN.


    Thanks,
    Sury

    If it is the first time, they might ask for a birth certificate





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  • eastindia
    05-14 04:15 PM
    It is time to pass the DREAM Act.





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  • gcisadawg
    08-11 04:14 PM
    bump

    done. EB3-I Oct 2003





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  • camarasa
    07-23 11:26 PM
    Take alternative opnion from good Attorney and take a chance.

    "Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.



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  • nousername
    11-20 09:05 PM
    Sorry to hear about your situation.. Your husbands b***s should be chopped for physically abusing you..

    I'm not sure where you are based or which country you originally belong to but like in SF Bay Area (California) there is Indian Community Center which on Sunday's offer free legal advice. Here is the link Free Legal Clinic | Indiacc Home (http://www.indiacc.org/legal_clinic)

    You might have something like this around you live..

    Good luck.

    Help!
    I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.

    I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.

    I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?

    Many thanks in advance for all help and advice.

    P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.





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  • vrbest
    01-21 09:04 PM
    Thanks "LostInGCProcess". This clarifies my doubt..Ksrk: One of my friend had asked his lawyer and they said we can be on H1B even if we used AP..

    Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.


    Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.



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  • jchan
    05-14 05:26 PM
    Didn't the last recapture of visas (AC21) happen in 2000, an election year ? Also H1B law was modified to include 20000 visas for US Masters students during 2004. Actually, history is in our favor.

    I was about the say the same thing. I still remember vividly when the 20k new H1B was made available and the nervous waiting for that to be implemented back then. Whew, can't believe it's been 4 years an I am still stuck in this same old waiting game.





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  • xlr8r
    09-15 02:58 PM
    This is bizarre stuff.

    It says that NSC I-140 processing date for EB2 is March 13, 2008. Since when did they become so efficient to jump from July 6th, 2007 to March 2008? I guess they mistakenly typed 2008 instead of 2007?

    Those lazy bums had better get ready for an onslaught of Service Requests. :)



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  • sanjay
    03-24 02:26 PM
    Now everything is queued..... no more cutting lines.

    No more LC substitution --- This is old news.
    No more delays in 140. --- How come? premium processing had not started yet and neither I see any news on this.

    Can you elaborate !!!!





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  • arc
    06-17 04:44 PM
    Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.

    Just my 1 cent :D

    *Disclaimer*
    I am not an attorney. Please take advice from an attorney. :cool:

    You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?



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  • sanju
    01-26 03:55 PM
    That's Great! Glad it worked out.

    Cheers!!





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  • BadDeal
    05-22 03:35 PM
    It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)

    I have started the following thread

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710

    Either we can follow the current one or the one I started (link above) or we can start a new thread altogether

    I am fine with any of the above.

    We can continue with the current thread.. Can you please prefix "Tracker:" to the thread's title.

    Thanks!



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  • dixie
    09-11 07:06 PM
    We cannot fault USCIS for the BEC backlogs .. thats the work of the even more incompetant DOL.Even they have improved with the PERM system. Our battle with retrogression is really a political issue more than a procedural one .The one place there is major room for improvement for USCIS is to use a more reliable system of advancing PDs than the current arbitrary system. There is no denying that USCIS has been improving lately with respect to service times(given the scarce resources), so lets give them credit where it is due.





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  • bindas74
    05-15 08:38 AM
    Hi Gurus,

    I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:

    "The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."

    How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
    How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
    Please advise.

    Also, during the AP filing, I got this:

    "On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "

    What an I supposed write in the document that I am going to send to USCIS?

    Please advise.

    Thanks in advance,



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  • tnite
    07-19 10:14 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


    For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.

    There is nothing to worry about in your friends case.
    If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
    As a resident tax filer, these are some of the advantages.
    I dont understand why your friends are worried about this.

    check this out (http://www.irs.gov/taxtopics/tc851.html)

    --------------------------------------------------------------------------

    Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

    You are considered a resident alien if you met one of two tests for the calendar year.

    The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

    The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

    A foreign government–related individual,
    A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
    A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
    A professional athlete temporarily present to compete in a charitable sports event.
    -------------------------------------------------------------------------

    Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.





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  • Eberth
    10-28 10:25 PM
    i think that would help more than making a new version of my site every month :P tnx



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  • Munna Bhai
    08-23 12:04 PM
    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.

    Swede is correct, you need to have all the documents...here is the classic couple of case:

    a)One person was deported as he was not able to show the document and immigration department didn't had.
    b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
    c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension

    So you are free to conclude..





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  • andy garcia
    06-15 03:12 PM
    If its I-94# whatever is your latest number, from Actual I-94 card or I-94 attached with the latest H1 renewal/extention

    The A# is assigned the first time that you apply for I-485.
    It is not the number on I-94. That number is everytime they issue a new one when you enter the US.





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  • GEEVER
    January 30th, 2008, 11:06 AM
    I've Just Started Photo Classes A Couple Of Months Ago...i Just Wanna Buy Something That I Can Afford Now Just To Get Used To The Idea...i Was Looking For Those Sony Cybershot... I Really Don't Know How They Work..but They're Cheap I Think, Then I Went To Nikon's And Saw More Powerful Cameras At 3times The Price Of A Cybershot..!!!! Would U Recommend A Sony? I'll Obviuosly Buy A Better One On Time, When I Get More Professional =)





    chanduv23
    07-30 09:36 AM
    Pappu - it is defnitely pathetic that people have not been able to make best use of Ombudsman's calls.

    But we have to accept reality. In general, from what I understand, Ombudsman calls are for common man and people who participate may not necessarily be an IV member or come to IV forums regularly or think in the way we think. Even if an IV member is on the call and is a regular visitor to forums and is wanting to do something collectively, he/she may want to deal with their case.

    If IV is organizing the Ombudsman call and requests IV active members to utilize the opportunity in the best possible way - it is a different thing but that may also not help.

    I do share your feelings but I guess it takes a lot lot lot of time to organize people to stand up for collective issues and collective resolutions rather than their oown individuial needs.





    kaisersose
    10-15 03:04 PM
    If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
    If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.


    A top attorney's fee for sending an AC21 letter to the USCIS is $3000. I assume all competent lawyers would be priced similarly.

    But he also adds it is not necessary to use his services for Ac21, if the case is simple and straightforward. If you feel there are some twists or ambiguities in your case, then it is best to pony up the dough and have a lawyer send the letter instead of you.



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