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  • HV000
    08-10 12:44 AM
    It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.

    With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.

    Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.




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  • permfiling
    01-18 09:08 PM
    All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
    The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.

    Thanks Chris but if it gets dirty then what kind of lawyers deal with these type of cases




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  • japs19
    02-25 02:54 PM
    My case was transferred to local office of Los Angeles, CA. I received a note saying on Dec 7th it was transferred to expedite the processing and they (LA office) will let me know when decision is made.
    Current processing date for I-485 is August 19th. Does that mean that when they reach Dec 7th they will process my case regardless of my PD(which is June 05)?




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  • cgs
    08-21 10:54 AM
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  • ncgc2005
    10-15 01:43 PM
    I am in the same boat. I have recieved my 2nd EAD with wrong dates (validity dates same as my 1st EAD). Called USCIS and was told to fill out I-765 and along with the card and send it back to service center (w/o any fees).

    Just curious if it worked out for you, as I am afraid that I don't want to re-start my 90-day clock all over again.




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  • gc_wannabe
    06-17 03:30 AM
    that dates being current is not an indication of you getting your GC. The dates have to be current for a long time for you to see the approval.

    It is very unfortunate that your lives can be tied to this dates circus. :(

    Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.

    it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.



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  • edaltsis
    09-18 03:04 PM
    As per the rule: Once you start working in a full time capacity for another company (other than your current H1B employer) will mean that your H1B is no more active. Something happens to your I-140 and then you are screwed (Remember that you cannot get back to H1B status after you started using EAD with a company other than your current H1B employer). So, be careful before you use your EAD until your I-140 is approved and 6 months of I-485 filing (I assume you completed the 180 day rule).




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  • a_yaja
    01-16 09:17 PM
    Hi,

    How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?

    Also,

    8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
    3 Months of the H1B was in Chicago.

    Can I use Turbo Tax to file my taxes or should I go to an accountant?

    I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".

    I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.

    Thanks,
    Deejay

    There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms). When you were on OPT, Social Security and Medicare should not have been with held from your paycheck. If it was, then you need to ask for refund of those taxes from the employer who with held that tax. As far as Cincinnati and Chicago are concerned, nothing special to do for Federal Income tax. However, for state income tax, you will have to file income tax for both Ohio and Illinois as part year resident.

    Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.

    All my initial filings were 1040 NR EZ and so I really did not need any help. In 2005, I got my tax done through IBSN (really horrible experience and I don't think I will ever go to them again) and have used that as template for next year (not much change in my details other that annual increase in salary). Nowadays I use Tax Act standard (standard version is free and also does a free eFile). I have found TaxAct to be really good (even better than IBSN - in that no money charged & spit out the same forms as IBSN preparers) but it asks too many questions which can at times be confusing (at such times I ask my friend google.com). Turbo tax might be a little bit more user friendly, but I suspect like Tax Act it will ask a lot of questions too (and it has user friendly wizards like Deduction Finder, Deduction Maximizer, etc - everything that Tax Act has too - but without any fancy names).



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  • luckylavs
    09-25 02:47 PM
    Because there is little certainity about the Green card many people hesitating to buy houses. There is good chance that the housing market will definitly improve if the Green card waiting period decreases.




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  • nashim
    07-15 03:42 PM
    Hi Gurus,
    1) Is it possible to have 2 different I-485 with 2 different employers at the same time?

    I already have an EB3 I-485 pending through my current employer. I have EB2, I-140 approval with future employer,

    2) Is it possible to file second EB2 I-485 through my future employer?

    3) If file second 485, what will be affect on pending I-485?

    Thanks



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  • flexi
    04-10 10:47 AM
    Thanks, Raysaikat, I hired a lawyer and that's what they are referring to (see below - I guess i'm just posting this for other since you obviously know this).

    From waht i gather, one can have concurrent H-1Bs and work for two employers in H-1B status. It would require filing a concurrent H-1B portability petition to start with employer B. I guess, normally they would revoke H-1B status but in that case won't. With the new employer they'd request concurrent employment so USCIS will know about two employers.

    I guess the only question with this is timing of my travel plans to Germany - i.e. could one do file this now and then get the new stamp while in Germany..... Whoever said this ain't complicated????




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  • chapper
    11-09 09:59 AM
    USCIS Ombudsmun Report - Total I140 approved:

    Approved
    2000:89,583
    2001: 99,659
    2002: 93,533
    2003:62,281
    2004:67,552
    2005:94,211
    2006:104,168
    Oct 2006 to April 2007: 65,098



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  • jvs_annapurna
    05-07 11:23 PM
    sorry guys i was moving to new place. it was with i-94




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  • imh1b
    04-28 01:12 PM
    If you count the taxes these 150K legal immigrants would have paid if they were in US for a year it is more than 2.5 billion dollars.

    There was a recent study claiming that 14 million illegal immigrants pay 1.5 billion dollars a year in taxes (read mostly sales taxes). And thus US should legalize these 14 million people to continue to get 1.5 billion dollars a year.

    Now you can compare 150K people vs 14 million people and who pays more.
    The study fails to tell that these illegals do not have insurance. So they use hospitals for free. They do not pay federal taxes because they do not have a valid documentation. Even if they are allowed to pay federal tax, many will be below poverty line.

    The study did not envision an economic scenario for America if 14 million illegals are legalized. How many will claim unemployment, social security, medicare etc. I can bet the cost to government will be in billions with many zeroes after that. Someone should call the reporter and the pro illegals who created that study to answer these questions.



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  • SAP
    04-07 03:36 PM
    Folks,
    can i invoke a AC21 on future gc..I did not work for this company, i am tired of my current company, they have exploited me and my personality is changing and i forgotten to live life, want to port and move on to a new company ? is AC21 on future GC consider legal or fraud.?

    Future GC labor PD : Dec 2002
    Category: EB3.
    I140 : approved 2004
    I485: RFE on expired medicals; new medicals submitted.
    EAD/AP : so far five renewals( though i did not use EAD i did use AP for travel)

    Will a letter from the future GC compnay stating the position is no longer availablle due to this enormous amount of time suffice ?
    your postive comments and if you have been in this situation pls tell me how you managed.

    Thanks
    SAP




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  • pkv
    01-07 09:51 PM
    I would like to know the answer to this question too. does anybody know?

    also pkv..how many days did it take you to get the new passport?

    I got it in a week, I got it from SF Consulate.



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  • gcpool
    08-23 12:02 PM
    in EB3, EB2 and EB1




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  • jonty_11
    01-16 04:43 PM
    Yes , I am planning to take the test too......




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  • Ramba
    05-01 11:21 AM
    If you are 100% sure that your old 140 was not revoked by your previous employer, it can be useful in 2 ways. Contact your old employer to verify that still they have job for you as per the 140. If so, file new 485 with that 140 as it has very old PD. As you might have missed the finger printing in 2002, your previous 485 might have been denied. But 140 is still vaild for indefinite period.

    If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.




    ryanjoe_99
    05-29 09:47 AM
    I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.




    aamchimumbai
    09-04 03:00 AM
    I called my Civil Surgeon yesterday and asked her if she was willing to fill out a new I-693 form because it has been changed. Well, she was willing to fill out but said the old data (May 2008) is not valid, precisely TB test/Blood work/Physical exam. I thought it was ridiculous because all she had to do was validate her own results from the last exam. She was open for validating any vaccination records but not her own tests that she conducted.

    I really don't want to spend $200/person again for the tests which she has already conducted. Anyways. I guess I'll have to pay her and get the new forms signed.

    Is anyone in the same situation?

    Thanks



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