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  • alterego
    02-20 08:12 PM
    EB1 is too restrictive! Even a so called NIW (national interest waiver) does not mean EB1 automatically.

    Just food for thought. At this time there are 28600 EB1 visas. The EB1 category is current and has been pretty close to it for nearly everyone throughout the last couple of years.
    Physicians with their many years of education and relatively very high standing in American society are still not automatically eligible for EB1 visas.
    Likewise someone with a PhD who is gainfully employed. Similarly someone who has the kind of skills that are in such desperate shortage that he/she commands incomes sometimes exceeding 250K(as some do have in the SAP field) as per the free market that some in this country believe religiously. When you make this category so restrictive, then who do you expect to fill it up?

    This is a sign of the broken system in my view.

    Then EB2 and worse yet EB3 become stuffed!





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  • inspectorfox
    09-29 09:50 PM
    Responding to RFE for Ability to Pay is a very complex process. Some of you folks make it sound very simple but there is much more to it then just submitting an Audited Tax Return or W2. I have not come across any single person who seems to have the expert knowledge on handling this other than United Nations. There was an RFE on my pending I140 and I don't even trust the response prepared by my immigration attorney at Murthy Law Firm. My case is pending at USCIS TSC for a year now. I am not defaming anyone here but United Nations is the only person who has the greatest knowledge on addressing this matter.





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  • pappusheth
    04-21 06:44 PM
    I filed my H1 extension in late February and got it approved in mid March. This was not premium processing.

    It was the extension beyond 6th year. Extension got approved for 3 years since 140 is thru. My current H1 expires in August and the extension will go into effect from then. I've been with the same company for last 6 years and had no issues.

    hope this helps..





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  • omved
    05-05 02:25 AM
    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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  • gsc999
    07-11 01:52 PM
    Funny? See below:

    http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432

    The message was IV template...

    Glus
    ---
    Lucky you. We should keep that receipt in IV hall of nostalgia, seriously.





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  • chi_shark
    07-07 05:58 PM
    Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?

    that, my friend, is a million dollar question!



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  • gc_chahiye
    07-19 01:55 AM
    http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-4.html

    Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?

    There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.





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  • adi787
    12-02 09:11 PM
    Thanks for your replies....

    I was asking... 3 year extn AFTER 6th year... anyway.

    to kris04:: Was your case like you never worked for sponsoring company?



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  • Jonas73
    04-22 10:03 PM
    Hi, Yes I have a EB3 (even that I have a Masters degree and 6 years of experience) as my job only required a BS degree etc when I started working. So my understanding is now that what ever I do I need to get a new Labor/PERM and a new position within my company that requires MS degree etc that would qualify for EB2. Even if my I-140 gets approved within reasonable time I still have to wait in eternity for my date to be current under EB3? (the last time I looked back on the previous visa bulletins it looked like it was 2 years ago the EB3 was current (or PD 05 or something). That means that I will have to wait maybe 3-5 years before I can even apply for the I-485? Even that I do have the requirements for a EB2 and my company would have no issues qualifying my job to require a MS degree.





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  • gc_lover
    07-09 10:20 AM
    If you search...you will find more of these ads!




    EB2/ EB3 PREAPPROVED LABOR AVAILABLE

    This is your last chance to get labor substitution done !

    - CALL IMMEDIATELY


    If you are still looking for EB2 or EB3 pre approved labor or if you know of any friends that need one !

    Please call Purvi immediately at 732-494-4999 x 104
    or email at pjhala@aequor.com along with your resume and contact information with the subject line � PREAPPROVED LABOR.


    Stay as far away from Aequor as you can. They once offered me a 35K job in NJ. Thats a lot of money in NJ I have no place to store that kind of wealth!



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  • Michael chertoff
    02-16 08:48 AM
    i was sure some one will come with this info...let the fight begin..:d

    lol





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  • ak_2006
    10-28 12:16 PM
    Good One, thanks for posting.



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  • ajju
    04-10 12:14 PM
    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.

    Seems like a good tool.. But couldn't sort out by Nationality or country of chargeability.. The EB1/EB2 category works fine.. Not sure if its tracker issue.. or I am doing something wrong.. or missing any info in my tracker details...





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  • gcgreen
    10-08 02:37 PM
    You do have to pay taxes on any dividends you earn. Your brokerage firm will send you an 1099 form at the end of the year detailing your income.

    If you do sell stocks and otherwise have capital gains or losses to report, you will typically file a Schedule-D form along with your 1040.

    To my knowledge, as long as you are a "passive" investor, there is no problem with investing. You cannot be an "active" investor when on H1-B, unless you have another H1-B that supports your "active" investment activities. Put simply, if you are buying stocks and holding on to them for a period of time before you sell, you are fine. But if you plan on becoming a day trader (very good time right now to make and lose money, with all this volatility) then you likely are an "active" investor.

    I am not a lawyer, and the above is my common sense understanding.


    One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...



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  • ArkBird
    06-24 03:02 AM
    No. as per my lawyer it became unavailable in the middle of the month.





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  • gc67890
    07-28 03:55 PM
    I had too.

    Labor EB2 NOV 2004
    I140 Approved Feb 2007
    485 RD July 2nd 2007 ND Aug 10 2007

    ******
    Contributed $200



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  • danu2007
    07-13 04:21 PM
    So far only 1327 members signed the petition. This needs around 5000 signatures.

    This will show the number of filed I-485 applications to Chertoff..Please sign..

    --------------------------------------------------
    Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.

    http://www.immigrantslist.org/page/petition/Chertoff
    -----------------------------------------------------





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  • Winner
    10-09 11:03 AM
    I see people cursing, hoping, praying etc. But very few understand how bad the situation is.

    Wake up and get active! Least you can do is sign-up for monthly contributions; at least we will have the money to fight this uphill battle





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  • zeta7
    03-25 06:55 PM
    Sorry to hear about your luck. Like Skalra mentioned, I too would look into using your AP to re-enter. You said that you had already received your EAD, so I'm assuming you applied for AP too? Otherwise I think you'll just have to weather it out. Based on other posts here I think it'll take 4-6 weeks to get verification done.

    And can they really just hold your passport at the embassy? Can't you request to have it returned, if for example, you want to use the AP option? Perhaps some other scholars here can answer that question.





    kghoshal
    02-11 06:54 PM
    Best way will be to contact old lawyer and try to join old emloyer what I think





    PD073102VA
    03-26 09:43 PM
    One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.

    It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".

    Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.



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