kondur_007
07-12 03:51 PM
Great news for EB2 India.
As expected, this will clear out early 2006 cases.
Also note that now EB2 India and China has same PD and that means EB2 China may consume some of the spillover (or fall down/across) numbers.
Good Luck to every one....:)
As expected, this will clear out early 2006 cases.
Also note that now EB2 India and China has same PD and that means EB2 China may consume some of the spillover (or fall down/across) numbers.
Good Luck to every one....:)
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eilsoe
10-20 02:33 PM
YipYip! :P
lazycis
01-26 07:51 AM
my wife is US citizen , applied for permanent residency (green card) almost 6 months back , my interview was 2 days back, everything went thru alrite, the immigration officer said at the end of interview , " your case been aproved, but we did not get the background chk from FBI , as soon as we get it we are going to mail you the green card "
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
is this normal? i checked "case status' on USCIS website, they still have some update from 4 months back ...
plz help, hope i posted in the right sub-forum this time..
I have a friend who is stuck in background check for 2+ years (same situation, a spouse of a US citizen). Hope it won't happen to you! Not much you can do now, just wait. If you do not get any response within a year, consider suing the USCIS (that's what my friend is doing).
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sushilup
07-17 01:53 PM
Hi,
I wanted to find out procedure for going back to H1B after being on AOS (work on EAD). I will appreciate any response from attorney or from the people already did same in past.
Current Imiigration status:
Worked for compny A almost 5 years. Company-A did labor, 140 and 485. 140 approvd and 485 pending over 2 years.
Last 6 months working for company B on EAD. Didn't do AC21. Good relationship with company A and they will never revoke approved 140. They will help if any issues come in future.
Have approved H1B for company-A since dec 2010 and stamped in passport.
My questions:
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years.
Thank you.
Sushil
I wanted to find out procedure for going back to H1B after being on AOS (work on EAD). I will appreciate any response from attorney or from the people already did same in past.
Current Imiigration status:
Worked for compny A almost 5 years. Company-A did labor, 140 and 485. 140 approvd and 485 pending over 2 years.
Last 6 months working for company B on EAD. Didn't do AC21. Good relationship with company A and they will never revoke approved 140. They will help if any issues come in future.
Have approved H1B for company-A since dec 2010 and stamped in passport.
My questions:
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years.
Thank you.
Sushil
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Steeler
01-25 01:06 PM
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
krishnam70
03-26 08:07 PM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
more...
Onesimus
03-01 10:00 AM
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dpp
01-27 08:41 AM
yes, in general as per law, you have to file tax returns to both states.
But most of the desi-employers try to use same state that they used first part of year and continue with that till end of year. But in the next year, they start with new state. This happens all the time with most of the desi-employers. There is no problem. You are not skipping any taxes, it is your employer's responsibility. If your employer says, he is working here and paying state taxes, then thats it, nobody can't say/argue anything.
:confused:
It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.
But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?
Any help will be greatly appreciated
But most of the desi-employers try to use same state that they used first part of year and continue with that till end of year. But in the next year, they start with new state. This happens all the time with most of the desi-employers. There is no problem. You are not skipping any taxes, it is your employer's responsibility. If your employer says, he is working here and paying state taxes, then thats it, nobody can't say/argue anything.
:confused:
It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.
But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?
Any help will be greatly appreciated
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upuaut
10-21 12:53 AM
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GKBest
11-04 08:15 PM
We have the same notice date - 10/11 but my receipt date is 7/03. And I got my EAD on 10/26. They may be starting a system to process EAD/AP by receipt date. But still...who knows what they are doing it.
more...
bigboy007
11-17 06:22 PM
I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
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hsrandhawa2007
05-15 01:55 PM
Hi ,
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
more...
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snathan
01-11 02:34 PM
Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.
If its first time, I dont think you have to apply for H4 here. All you need is, give all the needed documents and get the appointment with visa consulate. She has to get the H4 stamping and come here. But when you need to extend the H4 visa, you need to apply to the USCIS.
This is what my experience...
If its first time, I dont think you have to apply for H4 here. All you need is, give all the needed documents and get the appointment with visa consulate. She has to get the H4 stamping and come here. But when you need to extend the H4 visa, you need to apply to the USCIS.
This is what my experience...
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guchi472000
11-21 09:02 PM
I am on H1b and working for a desi consulting company. My visa expired on Oct 30, 2010. My company applied for extension based upon my I 140 approved for 2years. I have valid EAD card. My wife is on H4, she doesn't have EAD.
Another company is offering me job and ready to transfer my H1b.
My Question:-
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
2) What if, The new company don't file AC 21?
3) What if the previous employer cancel my I 140.
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:
Another company is offering me job and ready to transfer my H1b.
My Question:-
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
2) What if, The new company don't file AC 21?
3) What if the previous employer cancel my I 140.
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:
more...
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tharu
06-29 08:44 PM
Hi,
I have recently received an RFE on my I-485 application asking me to provide receipt number or A number for my spouse and child as I have included them in my application. I don't know how to respond to this and need your help to provide a suitable response.
I didn�t submit I-485 application for my spouse and child as they were out of the country while i filed my mine. My family continues to live outside US while I'm here working on H1 and also have my approved labor (Feb24 2007) EAD (Nov11 2007) and I-140(Feb10 2009)
Question is how to respond to RFE as I can't provide A number or receipt number. Also as my spouse and child are born in a country where they still have visa numbers available, can I claim cross chargeability to my spouse country of birth as the visa numbers are not yet available for India for my Priority date.
As I have my chances of speedy processing with cross chargeability, how should I respond to RFE without I-485 filed for my family? Is it possible to ask for consular processing for my family with an intend FTJ? Please help me to answer in a way that would help my processing faster.
Regards
I have recently received an RFE on my I-485 application asking me to provide receipt number or A number for my spouse and child as I have included them in my application. I don't know how to respond to this and need your help to provide a suitable response.
I didn�t submit I-485 application for my spouse and child as they were out of the country while i filed my mine. My family continues to live outside US while I'm here working on H1 and also have my approved labor (Feb24 2007) EAD (Nov11 2007) and I-140(Feb10 2009)
Question is how to respond to RFE as I can't provide A number or receipt number. Also as my spouse and child are born in a country where they still have visa numbers available, can I claim cross chargeability to my spouse country of birth as the visa numbers are not yet available for India for my Priority date.
As I have my chances of speedy processing with cross chargeability, how should I respond to RFE without I-485 filed for my family? Is it possible to ask for consular processing for my family with an intend FTJ? Please help me to answer in a way that would help my processing faster.
Regards
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dealsnet
11-23 10:19 PM
Sorry to hear about your husband's departure from this world.
He was an active member of IV and contributed to it.
I know now you are using his id.
Please share some info about his death. What happen to him?
Is it an accident or he got sick ?
We are praying for you and your kid.
I THINK YOU NEED TO CONTINUE IN H1B. DON'T DISCONTINUE H1B, TILL YOU GET GC.
Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
He was an active member of IV and contributed to it.
I know now you are using his id.
Please share some info about his death. What happen to him?
Is it an accident or he got sick ?
We are praying for you and your kid.
I THINK YOU NEED TO CONTINUE IN H1B. DON'T DISCONTINUE H1B, TILL YOU GET GC.
Hi,
My spouse's GC application is pending 485 stage with PD of Dec 2002, EB3. I got my I140 (EB2 PD Dec 2006) cleared and did not apply for 485. I am on EAD/AP through my spouse app.
My spouse passed away and 13 days later Congress passed survivng family act law, which says survivors/dependents can continue the GC app in the event the primary appliant dies. My questions are,
1. Since the law was enacted after my spouse's death am I eligible to continue that GC app and renew my AP and EAD?
2. I am planning to go to my home country for few months (may be a year) and will come back in the middle just to renew my AP when time comes and go back again with AP. Can I stay on AP or need to apply for H1b extension which I am eligible for 3 yrs ext based on my I140 approval ?
I appreciate for any response!
more...
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jthomas
04-08 04:09 PM
I guess EAD is personal property not employer property. I had filled my I-485, EAD and AP and my employer does not even know it. On top of it i had completed 180 days and moving to another job.
Are you in H1B or EAD. If in EAD you have to renew it yourself the employer has nothing on your EAD.
Are you in H1B or EAD. If in EAD you have to renew it yourself the employer has nothing on your EAD.
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tabletpc
12-01 11:35 AM
Sorry to know u r situation. But remember not knowing rules is not an execuse with USCICS.
1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.
2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.
USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.
My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.
Good luck
1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.
2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.
USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.
My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.
Good luck
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arunmohan
02-13 12:40 AM
Guys,
we are going to do another brainstorming session on the country quota issue this sunday 02/15/2009.
Please PM me to get Conference Call details.
Thanks
Please join the conference call.
Date: 02/15/2009
Time:8:00 PM(EST)
Please PM me or mirage for details.
we are going to do another brainstorming session on the country quota issue this sunday 02/15/2009.
Please PM me to get Conference Call details.
Thanks
Please join the conference call.
Date: 02/15/2009
Time:8:00 PM(EST)
Please PM me or mirage for details.
neeidd
07-08 08:47 PM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
anyone?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
anyone?
EkAurAaya
11-12 04:23 PM
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
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