krishnam70
08-17 05:38 AM
First, deecha, and VZLAN you are brave men..hope you get through. When the immigration system is so arcane, you cannot blame yourselves
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
Ask your employer to pay you back wages with a letter saying due to financial conditions they could not pay you blah..make your arrangement to take a pay cut or whatever. File an amended return and include that in your 485 application.
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
If you get caught on something that can be easily rectified and you dont have a way to explain it then there is a chance for denial. There is a somewhat similar case of 485 denial ( he was not paid for 2-3 months) though he worked for the employer and he did not get back wages nor filed with DOL to get them back.
If you want to play it safe you can wait till 2008 and get your extension and then file 485 ( but would the dates be current? dont know and then file an amended tax and include proof in the 485 application)
good luck
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
Ask your employer to pay you back wages with a letter saying due to financial conditions they could not pay you blah..make your arrangement to take a pay cut or whatever. File an amended return and include that in your 485 application.
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
If you get caught on something that can be easily rectified and you dont have a way to explain it then there is a chance for denial. There is a somewhat similar case of 485 denial ( he was not paid for 2-3 months) though he worked for the employer and he did not get back wages nor filed with DOL to get them back.
If you want to play it safe you can wait till 2008 and get your extension and then file 485 ( but would the dates be current? dont know and then file an amended tax and include proof in the 485 application)
good luck
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fshah
07-06 03:45 PM
Order No.:
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manand24
07-17 08:27 PM
Thank you IV, Thank you IV Core.
2011 Jun 27, 2011
insbaby
11-11 12:05 PM
Now, instead of getting her into trouble you have to get yourself out of trouble first.
Find a cool way to send her out.
You will be in trouble anytime in future if she proves that you have employed her illegally in the past.
Going a bit tough here, sorry for that.
1. You both are in H1B (assuming you must know laws behind H1B)
2. Able to find someone inexpensive who can take care of your valuable baby
3. Powerful knowledge in technology to setup a secret camera to capture what she does the whole day
4. Collect all evidences and planning to penalize her
But you are not aware of the simple fact that it is illegal to hire and pay someone without notifying appropriate government agencies.
Anytime in future, if she is caught(chances are more as she is clearly not aware of the laws here and how serious is beating a child, if not in your place some other place), expect query from INS/IRS. This is a different country.
Find a cool way to send her out.
You will be in trouble anytime in future if she proves that you have employed her illegally in the past.
Going a bit tough here, sorry for that.
1. You both are in H1B (assuming you must know laws behind H1B)
2. Able to find someone inexpensive who can take care of your valuable baby
3. Powerful knowledge in technology to setup a secret camera to capture what she does the whole day
4. Collect all evidences and planning to penalize her
But you are not aware of the simple fact that it is illegal to hire and pay someone without notifying appropriate government agencies.
Anytime in future, if she is caught(chances are more as she is clearly not aware of the laws here and how serious is beating a child, if not in your place some other place), expect query from INS/IRS. This is a different country.
more...
Prasad_FL
07-17 10:11 PM
I am new a new member of this website. You did excellent job and thanks a lot for your sincere efforts and coordination. I am inspired and contributed $100
bsbawa10
02-25 05:10 AM
I think this is the best idea that I have seen on the forum so far. Out of all of them so far....rallies, flowers, pizzas . Really speaking, if this action is indorsed by IV, this would be great. I think this is doable and does not require any change in existing rules about visas. I am all for it and many thanks for the suggestion.
more...
Humhongekamyab
08-21 04:54 PM
I don't know if the memo thing is correct or not but I did call NSC using POJ method and I was told not to expect anything before Oct 1st.
I think that was another way of saying that we have received a memo otherwise why will he tell you that.
I think that was another way of saying that we have received a memo otherwise why will he tell you that.
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sparky_jones
08-14 01:44 PM
Hi
I have a profile made my LUD hasn't changed, I do not know where my I140 was approved from... HOW can I find that?
Thanks!
I guess if your receipt number starts with SRC, it was processed at TSC.
I have a profile made my LUD hasn't changed, I do not know where my I140 was approved from... HOW can I find that?
Thanks!
I guess if your receipt number starts with SRC, it was processed at TSC.
more...
Slowhand
07-22 09:59 AM
I am eligible to file for 485 under the current (July) visa bulletin. My wife is transitioning from L1B(expired in May) to H4(Awaiting receipt) and is therefore out of status. I am wondering if she should apply with me (claiming that her status is H4) or should she wait till she gets her H4 (which could be in August).
My questions are:
1. Is it necessary that one's spouse should apply concurrently?
2. Can one's spouse (H4) apply for 485 as a follow up to her husband's application in July even if the visa numbers are not available (i.e in August when the visa bulletin says Unavailable)?
please help.
My questions are:
1. Is it necessary that one's spouse should apply concurrently?
2. Can one's spouse (H4) apply for 485 as a follow up to her husband's application in July even if the visa numbers are not available (i.e in August when the visa bulletin says Unavailable)?
please help.
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reachinus
03-07 09:08 AM
Let me know how to send the payment.
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zazona.com
09-07 11:59 PM
good work Sherman_tribiani, i am watching this group of "highly skilled job stealer” for sometime. they merely talk and do nothing. most of them r scared to do anything. they r scared of u & me. they r not scared when they steal our jobs and we will scare the hell out these ba$tard$ to make them do in their pants before we kick them out. gheen told me about this group and he also said that not to waste my time on these job stealers as they r weak and incapable of doing anything, other than stealing our jobs and outsourcing.
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ireddy
03-10 10:18 AM
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JazzByTheBay
02-25 03:10 PM
Let's get started on this push - it's a win-win solution for all concerned.
Attempts can be made to include the provision to file I-485 if priority date is not current (or make it such that it automatically applies... given this change).
jazz
Good one, Change to workflow should not be an issue, but we should have IV core support and reasonable to pool of money (not peanuts) to make this a success. I would recommend to run a funding drive, specially for this effort once IV core endorses this effort. In day to day life, Everything begins with $, you get what you pay for and nothing is free.
Attempts can be made to include the provision to file I-485 if priority date is not current (or make it such that it automatically applies... given this change).
jazz
Good one, Change to workflow should not be an issue, but we should have IV core support and reasonable to pool of money (not peanuts) to make this a success. I would recommend to run a funding drive, specially for this effort once IV core endorses this effort. In day to day life, Everything begins with $, you get what you pay for and nothing is free.
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gcisadawg
04-13 10:06 PM
This ain't nothing. Wait until the second wave of labor substituted EB3 applicants port their case from EB3 to EB2 or EB1 .Talk about a double whammy. Except a bigger hit in the next year or two when most of the porting succeeds.
Labor substitution may be legal but it is unethical. When everything depends on when you join the queue, how can one cut the line?
Whereas EB3 to EB2 porting is both legal and ethical. When you have a EB3 applicant that is waiting in line for 8 years, he/she had already gathered that much experience based on his long wait. Also, if you look at EB2, it is one of the highly abused category. The EB3 applicant who started in 2001 has joined the line half a decade before the one with 2006 Eb2 PD. One can't really accuse him/her for cutting the line just like one can about substitutes! If the EB3 porting case deserves merit, then I strongly support it!
My intention is not to to start a fight. But we need to see the true picture. Without acknowledging the problem how can we fix it?
Bottom line, GC abuses need to stop and we should fight for it as much as we fight for our rights to get GC!
Labor substitution may be legal but it is unethical. When everything depends on when you join the queue, how can one cut the line?
Whereas EB3 to EB2 porting is both legal and ethical. When you have a EB3 applicant that is waiting in line for 8 years, he/she had already gathered that much experience based on his long wait. Also, if you look at EB2, it is one of the highly abused category. The EB3 applicant who started in 2001 has joined the line half a decade before the one with 2006 Eb2 PD. One can't really accuse him/her for cutting the line just like one can about substitutes! If the EB3 porting case deserves merit, then I strongly support it!
My intention is not to to start a fight. But we need to see the true picture. Without acknowledging the problem how can we fix it?
Bottom line, GC abuses need to stop and we should fight for it as much as we fight for our rights to get GC!
more...
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Macaca
02-02 02:37 PM
What does it mean to say EB2 ROW? What is the reference point of Rest of World? Thanks.
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H1BDreamer
05-31 08:23 PM
What was the date on which you filed. I think you should be fine. I did it the same way and got the letter from the Grad School. Mine was filed on 23rd. I haven't received the receipt yet!! dunno when it would come in!! this delay sucks!
The letter actually does not mention all degree requirements have been fulfilled. This left me really upset (I asked the dept to fax it directly to company, so I had not seen it).
It says "XYZ completed all coursework requirements for his PhD in EE at the University ABC, and deposited his thesis on April 11 2007. His degree should then be officially conferred in May 13 2007"
Obviously course + thesis = all degree requirements for PhD, but I wonder if USCIS might question it. The company's attorney (a highly reputable company) okayed the letter and he said denial is unlikely and that they will either approve it or issue an RFE; but based on my readings of other posts I think there is a fair chance that it might be denied.
The irony is that I got a letter from the registrar on April 16, but by that time the attorney had already filed with the weaker letter. I asked him to send the other one when quota was still available but he said it was unnecessary.
Please anyone with similar experience comment.
The letter actually does not mention all degree requirements have been fulfilled. This left me really upset (I asked the dept to fax it directly to company, so I had not seen it).
It says "XYZ completed all coursework requirements for his PhD in EE at the University ABC, and deposited his thesis on April 11 2007. His degree should then be officially conferred in May 13 2007"
Obviously course + thesis = all degree requirements for PhD, but I wonder if USCIS might question it. The company's attorney (a highly reputable company) okayed the letter and he said denial is unlikely and that they will either approve it or issue an RFE; but based on my readings of other posts I think there is a fair chance that it might be denied.
The irony is that I got a letter from the registrar on April 16, but by that time the attorney had already filed with the weaker letter. I asked him to send the other one when quota was still available but he said it was unnecessary.
Please anyone with similar experience comment.
more...
makeup 2 2011 - 4:18 pm | 2925 views
gsc999
11-17 10:45 AM
I have a Wii gaming console that I bought earlier during the year but never actually got around to play it much
I want to donate that to IV.
************************************************** *
That Idea has to come from you Gopal. we were talking about you at our SanDiego event last week.
Can you please put the gaming console on eBay or Craigs list and send the donation to IV. Thanks for comming forward with the Idea
----
Sure, I will wait for a couple days to see if any IVer wants it directly, otherwise, I will put it up at Ebay. At ebay there are some selling costs, that doesn't matter, I guess.
I was away for some weeks, trip to India, am back now. Hope the San Diego event went well.
Cheers!
I want to donate that to IV.
************************************************** *
That Idea has to come from you Gopal. we were talking about you at our SanDiego event last week.
Can you please put the gaming console on eBay or Craigs list and send the donation to IV. Thanks for comming forward with the Idea
----
Sure, I will wait for a couple days to see if any IVer wants it directly, otherwise, I will put it up at Ebay. At ebay there are some selling costs, that doesn't matter, I guess.
I was away for some weeks, trip to India, am back now. Hope the San Diego event went well.
Cheers!
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willgetgc2005
04-24 09:02 PM
RAGZ,
Are we still compiling or the stoires have started going out to the right people. It was amazing to watch Sen FIenstein talk about a poor hardworking undocumented worker in the US. She was so eloquent. Every passing day makes u feel more like a 2nd class citizen. Anyways, let us chug on. I had sent my story. Pls let me know If you would any further action from the story senders like myself.
Dear friends, as I read all of your stories, I cannot help but relate it to mine. Even as I write this though, I am in the middle of a dilemma - I am being offered a promotion to a Director position and I cannot decide whether to accept it or not.
I have been in the US for over eight years on an H1 and have been working for a Fortune 20 firm as a Manager for the last four. My company applied for my Labor Cert back in Dec 2002 and while it cleared State in May 2003, the application was stuck in Federal processing for more than a year. Just as it seemed like they were getting to applications that had been transferred in during May 2003, the BEC took over and I literally felt like the rug had been pulled from under my feet! It's been almost two years since then, but I have seen no progress at all - zero, nada, zilch!
Meanwhile, I have been working hard at my company sorting my way through leadership changes, reorgs and changes in vision and strategy. While all of my colleagues and friends were applying to new positions and getting promoted, I lay low. Four years in the same job - I can tell you that is a looooong time! It isn't just that work starts to become a drag but also life itself seems to be in limbo and the frustration of the wait starts to spill over into personal life.
I got married two years ago and my wife, bless her heart, has been making a valiant effort to keep busy and pursue other interests, since she is on H-4. However, I know she can't wait to start working.
As all of you know, it takes a lot to succeed in the US economy and be recognized, but I have worked hard. Not only have I paid taxes for 8 years, but I also feel like I have paid my dues. I have an MBA from a top b-school and skills that are in demand. I cannot help but wonder, whether we are meant to waste our lives away?? You start feeling like a second-class human. I know I can always go back to my home country but I have invested a lot of my life here. We need justice!
Are we still compiling or the stoires have started going out to the right people. It was amazing to watch Sen FIenstein talk about a poor hardworking undocumented worker in the US. She was so eloquent. Every passing day makes u feel more like a 2nd class citizen. Anyways, let us chug on. I had sent my story. Pls let me know If you would any further action from the story senders like myself.
Dear friends, as I read all of your stories, I cannot help but relate it to mine. Even as I write this though, I am in the middle of a dilemma - I am being offered a promotion to a Director position and I cannot decide whether to accept it or not.
I have been in the US for over eight years on an H1 and have been working for a Fortune 20 firm as a Manager for the last four. My company applied for my Labor Cert back in Dec 2002 and while it cleared State in May 2003, the application was stuck in Federal processing for more than a year. Just as it seemed like they were getting to applications that had been transferred in during May 2003, the BEC took over and I literally felt like the rug had been pulled from under my feet! It's been almost two years since then, but I have seen no progress at all - zero, nada, zilch!
Meanwhile, I have been working hard at my company sorting my way through leadership changes, reorgs and changes in vision and strategy. While all of my colleagues and friends were applying to new positions and getting promoted, I lay low. Four years in the same job - I can tell you that is a looooong time! It isn't just that work starts to become a drag but also life itself seems to be in limbo and the frustration of the wait starts to spill over into personal life.
I got married two years ago and my wife, bless her heart, has been making a valiant effort to keep busy and pursue other interests, since she is on H-4. However, I know she can't wait to start working.
As all of you know, it takes a lot to succeed in the US economy and be recognized, but I have worked hard. Not only have I paid taxes for 8 years, but I also feel like I have paid my dues. I have an MBA from a top b-school and skills that are in demand. I cannot help but wonder, whether we are meant to waste our lives away?? You start feeling like a second-class human. I know I can always go back to my home country but I have invested a lot of my life here. We need justice!
hairstyles Updated: Friday Feb 25, 2011
sodh
07-08 04:29 AM
Did anybody send flowers to their lawyers for filling their application on july 3rd even when everything was ready before june 29nth and i heard in my company that people paid 5000 usd to the lawyers to mail their applications on june 29th.
rayudu
04-09 09:54 AM
I am going to file my h1 application tomorrow under the master's qouta. I know its nearly impossible that my petition would be approved but I have no other choice. I just have one question:
1. Should I go for a premium processing?
<<My OPT expires may 15th and my employer is still willing to file my h1 tomorrow. If I go for premium processing, that will atleast stop me from getting an admit into a community college this fall to maintain my status>>
Advice please. Also there is no way they will increase the h1b on the master's qouta, right ?
I think you need to wait until USCIS finish they Lottery/Sorting process.
At this moment they won't accept your application.
Please contact your Lawyer for accurate information
1. Should I go for a premium processing?
<<My OPT expires may 15th and my employer is still willing to file my h1 tomorrow. If I go for premium processing, that will atleast stop me from getting an admit into a community college this fall to maintain my status>>
Advice please. Also there is no way they will increase the h1b on the master's qouta, right ?
I think you need to wait until USCIS finish they Lottery/Sorting process.
At this moment they won't accept your application.
Please contact your Lawyer for accurate information
rajuram
12-20 08:42 PM
I contributed $25 today thru PayPal.
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