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Monday, June 27, 2011

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  • paskal
    08-13 11:32 PM
    hopeful gc for this insight.
    we have been through this numerous times now on threads that can no longer be counted. may i request you not to create new threads for discussions that are already taking place in every conceivable corner of this forum?

    i hope to see you in DC, your enthusiasm would be well directed in iv's efforts to end retrogression once and for all. just consider it...never having to worry about receipts again :-)

    sounds good? let's do DC on 9/18!





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  • ssa
    11-04 04:22 PM
    I used to be client of Gowda couple of years back and I did not like the experience at all.

    My situation was little different. Gowda's firm was the de-facto firm used by my employer although I used to pay all attorney fees out of my pocket. In spite of me paying for his fees the firm always put my employer's interests ahead of mine. My employer then was a typical blood sucking desi consultancy shop and used pending GC as one of their leverage to make employees stuck with them in spite of poor pay scale. As far as my own experience goes Gowda's firm happily played along with my employer in the grand scheme. They denied me any update regarding whether my labor was cleared as well as didn't send me any original approval notices/receipts etc. at my employer's request. When I raised lot of noise I was finally told I can no longer have direct access to the attorneys and have to route my requests through my employer! I wised up, cut short my losses and ditched both of them to join a big respectable company loosing my earlier PD and approved labor in the process (which I'm sure my employer must have sold back when LC substitution was legal). I finally received my GC in September.

    Your experience maybe different if you directly retain Gowda without involving your employer. Competency is not an issue here, conflict of interest is.

    This is a news RK charging for suggestions.
    I spoke to him couple of times prior to becoming his client and he never charged me anything.

    He was very polite and replied all my questions. He even responded to my emails. This was in 2006.

    I also suggest Amarnath Gowda(www.gowda.com), even he won;t charge any money for the suggestions to the general questions.
    I used Gowda and RK and I was satisfied with both of them.

    You should clear most of your questions prior to hire any attorney, then choose them according to to your satisfaction.





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  • payur
    10-05 02:20 PM
    Most audits are routine, once you can back up your claims with paper records/receipts you will be OK, but consult with your CPA and be ready to address the points raised.
    Unless you have been found to commit criminal fraud, it should not affect your green card petition. Small penalties and the like have no effect. Last year I had to pay a small penalty because I underestimated my taxes deducted during the year.
    You are getting an audit for the 2005 year now? I would have thought they would have moved on by now. Did you take an extension and file late last year?

    You can expect it anytime. The retention period is 7 years, so keep all your tax filing papers and all related docs for at least 7 years.





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  • invincibleasian
    02-04 06:15 PM
    Hello All,

    I have a valid H1 (I-797, I-94) till 2009, but my H1 Visa on my passport has expired in 2005. My wife has a valid H4 till 2009; similarly her H4 visa on her passport got expired, we haven�t traveled outside of US from then. Now she is planning to go to India next month because of some family urgency and she is planning to take an appointment for H4 visa stamping in Chennai consulate (India). My question is, is there going to be any problem for her stamping as my Visa on my passport has been expired even though I have a valid H1 I-797 till 2009?. Is there any rule which states primary applicant has to have valid visa on his/her passport for H4 stamping.

    If any one of you had a similar situation please share your experiece, it will be very helpful.

    Thank you for your help

    The issue exista only if the H4 attempts to enter us when the primary applicant is not already in the us.



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  • guyfromsg
    09-20 07:13 PM
    I also met several American citizens who were passing by and were curious about the rally. Me and JazzbytheBay explained and they listened patiently. One hour later I saw them marching with us holding flowers that some of our volunteers were distributing to passer bys. One gentleman was a school teacher.

    IV needs grassroot support from half a million people stuck in various stages of green card process. You can be from any country. We welcome and invite members from all countries and communities to join our efforts.

    Additionally, one of our best friends can be American citizen who understand the issue from economic, personal and other perspectives. If they become part of our voice we will become more effective.

    Each one of us has to become "IV brand ambassador" and present our issue in right perspective to counter so much misinformation floated by some vested interests. Yes, you can do it. We can facilitate.

    http://picasaweb.google.com/kannansm/ImmigartionVoiceDCRally18Sep07/photo#5111764333601260802

    The guy in black shirt/pant is he a IV member? Next to him is definitely an american Kid. If they indeed are american citizens that listened to our cause and joined the rally, hats off to them.





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  • gc_dream07
    04-09 05:33 PM
    I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!

    receipt Number: SRC07******

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Card production ordered.

    On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Congratulation. Good Friday brought great news for you. Enjoy the freedom.



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  • dummgelauft
    03-09 09:11 PM
    as per http://www.indianembassy.org/newsite/NEW%20PASSPORT.asp#1

    The following documents and fee are required to be submitted with the application:

    � After having filled the application online, print a copy.

    � Affix photograph as per specification in the box (do not staple photograph)

    � Old Passport (in original)

    � Additional booklet, if any, (in original)

    � Three recent passport size photographs (3.5 cm x 3.5 cm -front facial pose). Photograph should have only a white background. (Photograph with coloured or dark glasses or in uniform or in Polaroid prints or Computer prints will not be accepted). One photograph to be pasted on the space provided on the first page of the application form

    � Two proofs of residential address of the applicant, which may include current Driving License, Utility Bill, rent lease agreement showing the residential address.
    Photocopy of the first five and last two pages of the original / old passport;

    � Pages of passport showing US visa or Green Card (in original) Employment Authorization Card (in original) or other visa documents must be shown at the counter. A photocopy of the entire document / Card should be appended with the application (in case the application is sent by mail, a notarized copy of these documents should be sent);

    � In case application for Green Card or EAC or visa is pending/being processed, a copy of documents in support of this fact must be submitted;

    � In case the current passport does not contain the name of the spouse and the applicant wishes to have it entered in the new passport, copy of notarized marriage certificate must be submitted along with the application.

    I am confused with few things in the above list of reqd documents:

    1.It says white background , But I am only able get Cream colored background photos in CVS or Walgreen's
    2.When I went notary in Bank Of America , the lady at bank says that she can't do notary for any copy of the document , she says she can do notary for a Application form that is signed in front of her.Same with marriage certificate.

    I am confused and I need to travel by the end of this month.I need to drive 10 hrs 1-way to go to the consulate personally.


    You don't have to go. Use Fedex or UPS overnite, both ways. Pay the extra $100.0 for the "Tatkal" Service"
    Make copies of the documents that you need to get notarized, On each copy, write the following:
    "I (your name), do here by solemnly declare and affirm that this document is a true copy of the original doument"
    Signed
    (Your Name)
    Date
    Now, be careful. The notaries in some states need a specific language, like the one given below:
    SAMPLE ACKNOWLEDGMENT

    Commonwealth of Pennsylvania )
    )SS:
    County of )

    On this, the________day of __________, 20____, before me a notary public, the undersigned officer, personally appeared________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained.

    In witness hereof, I hereunto set my hand and official seal.

    ___________________________ Notary Public


    In that case, get this language from the notary and do some copy/paste stuff using a printer, scanner or copier and add this statement to the bottom of your document, BELOW your signature.





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  • rajabeta
    10-01 12:19 PM
    who gets ead, me or my lawyer?



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  • sixburgh
    08-04 09:10 AM
    The following has been extracted from H1-B is still valid with AP entry US? - Yahoo! Answers (http://answers.yahoo.com/question/index?qid=20071214234832AA7fOR3)


    Normally, an alien who has filed for Adjustment of Status in the US must apply for Advanced Parole and use the Advanced Parole to come back to the US in order to keep his / her Adjustment of Status application pending.

    H-1 and L-1 holders are the only exceptions to this rule.

    Aliens in H-1B status who have a pending Adjustment of Status application do not need to apply for Advance Parole to go abroad if they fulfill certain conditions. As long as the H-1 B visa holder maintains his/her H-1 B status before leaving the U.S., he/she may apply for an H-1B visa to re-enter the U.S. to work for his / her H-1B sponsoring employer after his/her travel abroad.

    When he/she comes back with a valid H-1B visa to continue to work for his/her H-1B sponsoring employer, he/she does not need to be paroled. Rather he/she can be admitted under H 1B status as long as they're still employed by the H-1B petitioner.

    If they choose to be paroled, then they are not H-1B anymore, and if they had dependents, those dependents cannot be H-4's anymore. It's your choice. Use the valid visa if you're still with the petitioner or use the parole. If you are paroled into the U.S., you will need an EAD to work.





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  • cyclone_p
    06-21 12:18 AM
    Hello :

    My EAD is valid till August 10, 2010. This is my second EAD. 1st filed with I-485 in 2007 and second renewed in 2008.

    First Renewal Attempt :

    I therefore sent my papers to my employer in early April 2010 (120 days in advance). My employer to 10 days to file with USCIS (Snail Mail - Phoenix Lockbox). Then USCIS took another 30 days to look at my papers. They rejected it. Reason :

    The check amount is incorrect, or has not been provided. Please review the Form Instructions for fee information. Please resubmit the application/petition package with the appropriate fees to the USCIS address listed on the bottom of this notice.

    The eligibility code you provide on your I-765 requires proof that an I-485 has been submitted. Please resubmit your Form I-765 with a copy of your Form I-485 receipt notice (I-797).

    Turns out my employer did provide checks were provided in the correct amount but the name on the check was incorrect "USCIS Vermont Office"...Go figure.

    Further, I had never received my I-485 receipt notice in mail (filed when the flood gates opened in July/August 2007). I had however received my ASC FP notice and had used it in my previous EAD renewal in 2008. I had sent in a copy of this with my paperwork. That did not seem to have worked. So I called USCIS NSC and they informed me that I need to attach a cover letter with my application explaining that I did not receive the I-797 for the I-485.

    Second Renewal Attempt :

    So this time, I filed my application to the Phoenix Lockbox myself via snail mail (never efiled so thought why take a chance). I sent my own checks payable to "US Department Of Homeland Security" as mentioned in the I-765 instructions. I also included a cover letter about my missing I-485 receipt notice and sent in the I-485 ASC FP notice copy along with a printout of the pending I-485 from USCIS website.

    This new app reached USCIS on June 1, 2010.

    It got rejected again and reached me yesterday on June 19, 2010. Reasons...Exactly the same as before.

    Needless to say, I was confused, frustrated, angry, sad...and everything in between.

    Starting Third Attempt :

    Given that only 50 days are left for my current EAD to expire. I e-Filed again yesterday (June 20 2010) hoping that by doing so, I will bypass the Phoenix Lockbox and will avoid the reason for rejection regarding the check.

    I will be mailing my supporting documents tomorrow. They will reach USCIS on June 22 2010. The only thing/s addtional that I am sending in now are...

    a) The top tear-off from the original EAD mailer (had forgotten to send it in last two times as I thought it was not necessary)

    b) A request for correction on the eFiled EAD as I mentioned "Country Of Citizenship" as "USA" instead of "India" (Thanks to my frustrated mood and the poor usability of the I-765 online form).

    Request advice...

    I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.

    So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?

    I will really appreciate any comments/suggestion regarding my case.



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  • sammyb
    11-19 04:35 PM
    Thanks you, Wish you all hte best and Good Bye.

    BTW , i have also contributed $100 to IV so far.

    why so ... am just curious ... aren't you supposed to be with the people/group that helped you (indirect and direct way) to be there where you are today...

    guess because of this mindset we EB people never had a base support from our own people in this country ... once we receive the card we change our color and become an American from whatever country we came from...

    sorry for this but I couldn't resist writing this... I have no issue with your labor sub as this was legal and given an option 99.99% people including me would have done that...

    and I hope everyone should agree with me that after you get your card you should make a decent contribution to IV.... just my thoughts...





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  • addsf345
    11-12 02:09 PM
    USCIS is already aware of this. They have been notified through AILA and our letters are also working. IV has also been pushing for more broader AC21 regulations for a few months now.

    Our request from IV is to keep sending the letters. Please send letters in thousands - not like 50 to 60 letters.

    Everyone must take initiative and push other members. It is a very importasnt campaign.

    It is very much possible that a lot of you may be a victim of AC21 denials. It is your call.

    Please take responsibility and everyone must come forward and bring others also into this campaign.

    This is encouraging. chandu, I read somewhere (mostly on murhty) that CIS will be publishing new AC21 soon and it is expected to be more stricter. Is this just the speculation or any other indications are received?? any idea? I am afraid that what will happen to people who already have used AC21 by following what currently exists???????



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  • casinoroyale
    03-18 09:40 AM
    I also don't think this is true. After you get your 3-year H1B extension beyound the 6-year limit and say your 485 gets denied while you are in 7th year, you can still stay and work for the rest of the 2 years on your H1B and use those 2 years to file for new LC etc.

    Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.


    He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.

    It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.

    It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.





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  • abh
    07-30 03:42 PM
    Do you think he will get his case approved on the spot after interview as dates will be current at that time?

    If yes, then it is worth the tension we are having.



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  • jonty_11
    09-19 11:28 AM
    Illegals do that all thetime to get sanctuary





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  • kokil
    03-05 05:22 PM
    Dear Snathan,
    Please guide me in detail when you say no use. This is very imp for me to understand.



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  • bestofall
    06-20 10:20 AM
    simple action item , worked on this morning !
    Nice approach --

    Thanks
    bestOfall





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  • gc_aspire
    05-24 12:54 PM
    Done! Good Job IV Core Team...





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  • pappu
    08-31 08:43 AM
    http://www.c-span.org/watch/cs_cspan_rm.asp?Cat=TV&Code=CS

    has some program on h1b visas undergoing.

    Please call

    202 737 0001
    202 737 0002
    202 628 0205

    phone numbers to call in now (until 10 AM EST) to talk about misconceptions and problems faced by them when they apply for green cards.





    $eeGrEeN
    07-13 12:57 PM
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    anilsal
    07-05 12:30 AM
    http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants

    Digg it



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