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  • smuggymba
    09-24 12:15 PM
    Hi guys,

    My wife's F-1 stamping visa got rejected (IInd time)in India, though she had H-4 to F-1 approved here in US by USCIS.
    We really want the OPT option that F-1 gives.
    Once she is back to US on H-4, is there any way that we can get the OPT since she has been maintaining her full time intl. status?

    Can we do a lawyer since the embassy is "wrong" in denying the visa since USCIS already approved it and she has only one sem. remaining.

    We are very worried. Please help.

    best regards,
    Rajesh

    For this exact reason my wife did not travel for stamping of F1 even though she had H4 to F1 COS. When you had approval notice, no need to travel unless it's an emergency or really required.




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  • dbevis
    October 23rd, 2003, 11:59 PM
    Funny Don, I was just over at Holliday Park about a week and a half ago scouting a location for a shoot. Too bad that area is fenced off, it would be perfect.

    Yeah, stopped there after I left your place the other day. It's too bad they don't fix it up and get the fountain working again. And the fence doesn't do anything for the appearance :( Then again, it is called "the ruins". It might have been put up due to a skateboarder problem, dunno.

    Don




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  • ski_dude12
    01-07 10:08 PM
    lol @ Bangalored
    the existing jobs have been bangalored...




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  • LongJourny
    01-20 06:10 PM
    Hi,

    I was working for a company A and filed for h1 transfer through company b. I was able to transfer successfully. However, Company A realised that some how and fired me immediately. because of this I had to leave this company A before even I start working for Company B. As an Example, Company A termininated by job on august 23 rd and I started workin for the company B from August 31. I have filed, h1 transfer, while working for Company A and got approved.

    I have been working for company for over a period of 3 years, got stamped once after wards, and also renewed my H1. Now I needs to get it stamped. I need to mention my previous employment history with dates along with employment letters in DS-156 form. Now I am afraid if they might reject my visa. Can you please help me understand my situation and offer any suggestion. thanks in advance



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  • unseenguy
    02-23 12:11 PM
    Right. I am not going to resign in haste. But I am confident I can find my current salary in 2-3 months. Question is , should I go for it or accept the paycut and stick it out as long as I can?




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  • NKR
    08-21 02:29 PM
    Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�



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  • sathyaraj
    11-01 10:45 PM
    Let us assume that we have totally 70,000 Nurses pending now.

    a. PD <= 2006 is 10000
    b. PD > 2006 is 60000

    This would not help much of ppl waiting in EB3 with PD earlier than Nov 2006 bcoz it takes only 10,000 of their queue. But it really helps the ppl with PD > 2006.

    Also it depends on whether 7% country limit is applicable. It would help RoW better than retrogressed countries.

    In either case, it is a win-win situation for EB3 India 61,000 * .07 = 4270. Still it is worth of about 1 yr worth of EB3 visas for retrogressed countries.

    Any thoughts or corrections?

    Could you please explay why is that? What if there are nurses with PD 2002, 03, 04 or 05




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  • ek_akela
    06-05 10:16 PM
    can't make it to DC, made a contribution of 100$

    Transaction ID: 9BC03733FT1686746



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  • gauravster
    10-04 03:18 PM
    1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).

    2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.

    3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.

    4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.

    But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.




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  • ss1026
    06-14 05:09 PM
    The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC

    But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.

    Offcourse there is another thing that comes in to play and that is the per country quota :eek:

    EB-3 India Feb-2005
    Waiting to apply I-485



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  • dpsg
    03-24 02:51 PM
    Folks,
    Can someone verify these numbers are correct. If It is skewed
    I will call Ms Rosemary to correct them.

    http://www.numbersusa.com/PDFs/Sense...Comparison.pdf
    http://www.numbersusa.com/PDFs/Sense...umbersComp.pdf

    Thanks,




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  • desi3933
    02-26 12:07 PM
    Don't give advise, if you are not sure.
    Nobody can file AOS, if they are out of status.
    ....
    CONSULT A LAWYER.

    Follow your own advice. You are incorrect here.

    Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.

    Rules are different if I-485 application is filed based on marriage to US citizen.



    __________________
    Not a legal advice.



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  • sands_14
    12-05 02:54 PM
    i think u need not get a new h1 stamp and can sill come in and out on AP without compromising yr h1 status.
    Yes,You should get a multiple-entry AP.If it is one-time entry AP,then you need another AP.Genrally nowadays u get multiple-entry AP.




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  • gcseeker2002
    10-26 01:00 PM
    My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
    maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
    My wife went for stamping in 08/2003 and I just gave her the copy of the I797 approval notice, so I didnt have to worry about getting back the original. I think they gave back the copy too, so why are you sending original 797 for H4 stamping, it is not a required document I think.



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  • saro28
    08-31 08:25 PM
    I received FP notice today towards I485, not sure what for :confused:




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  • chanduv23
    09-09 03:14 PM
    HILLSBORO
    GRESHAM
    LYOOD CENTER
    BEAVERTON
    SALEM
    EUGENE
    VANCOUVER

    LETS MOVE THE MOUNT HOOD
    LETS BRING ST HELENS TO DC



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  • techskill
    08-10 04:55 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)


    Correct me if i am wrong. In May Visa bulletin the PD date was April 2004 and in June 13 th Visa bulletin it was Current for July filer and after that everybody knows about the fiasco. How come you filed in June when your PD was not current (Your PD in mail is Dec 2005)?




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  • diptam
    11-13 03:37 PM
    Jokes apart - I-485 is the actual step of converting someone to a real Permanent Resident.

    You don't have to worry about your Skill sets , loads of paperwork - you can do everything that an American can do apart from Voting. Its not a administrative processing step like I-140.

    If on a higher level the politicians feel that economy is bad , umeployment is rocketing up they would do nothing to speed up 485 , rather slow it down... They don't want an extra immigrant to stand in the line for Food stamp or unemployment benefits.

    Makes sense ?

    Is tehre is any way for PREMIUM PROCESSING for I485 pending case ?
    In my case PD is current since years the I140 is approved. Backbround check etc is over. Confirmed by various sources that my case JUST needs to be picked up by IO.
    I have somebusiness trips coming up. My employer want me to find out the way to get the GC faster that way there wont be any hassle for every year renewal od AP and also EADs. and then appplying VISAs which will expire along with teh AP last date.

    Along with me my employer is also fed up now:p.
    Our lawyer being stupid; the employer wants me to find out the way to expedite I485. Since it is in last stages I think theer could be quicker way.

    I know there is the way WOM but is there any other way?:rolleyes:




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  • BMS1
    11-05 08:32 AM
    Hopefully, you guys and other new H1-B guys coming to US and yet to file for green card, get frustrated enough about getting locked to an employer and inability of the spouse to get employed and join IV in large enough numbers to bring the "Ability-to-file-I485-during-retrogression" to the top priority where it once was.




    shx
    10-17 12:10 PM
    I had an interview in San Francisco after I moved there from Denver. They just wanted to find out why I moved. They only saw my employment letter. No w2s or tax returns or paystubs. Its better to take all the usual documents though. You don't need employer tax returns for sure.




    chem2
    08-17 07:07 AM
    The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.

    I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.

    Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.

    good luck. i hope everything works out for you.



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