anilsal
01-15 01:01 PM
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gc_chahiye
09-24 01:47 PM
Hi Folks,
I filed my I-485 application on July18th but my checks are not cleared yet. All my friends who filed on same day with me, before me or even after me got receipt or check encashed.
I am really worried now. I contacted my lawyer, he suggest to wait. Is any one still like me or any suggestion for me.
there are still some July 2nd filers waiting...
I filed my I-485 application on July18th but my checks are not cleared yet. All my friends who filed on same day with me, before me or even after me got receipt or check encashed.
I am really worried now. I contacted my lawyer, he suggest to wait. Is any one still like me or any suggestion for me.
there are still some July 2nd filers waiting...
wandmaker
12-24 10:01 PM
Okay so I understand that employer can revoke I140. If I wait till my I140 is approved, for now let me say it is approved in February 2008.
So in February 2008, I have approved PD, EAD, AP and I140 (from Company A). I485 will be pending more than 180 days.
Can I in March 2008 move to company B with H1B transfer? Can I move the Priority date and I140 from Company A to Company B?
I am hesitant to use EAD due to the added complications (1 yr validity, etc) and would like to keep my H1 status without loosing my PD..Not sure what the best way is..
Please advise.
You can move to company B using H1 transfer, and still keep the GC application active thru your company B. Your new job with company B should same or similar to your company A GC LCA, so please consult with your attorney before you make any decision. Good luck!
So in February 2008, I have approved PD, EAD, AP and I140 (from Company A). I485 will be pending more than 180 days.
Can I in March 2008 move to company B with H1B transfer? Can I move the Priority date and I140 from Company A to Company B?
I am hesitant to use EAD due to the added complications (1 yr validity, etc) and would like to keep my H1 status without loosing my PD..Not sure what the best way is..
Please advise.
You can move to company B using H1 transfer, and still keep the GC application active thru your company B. Your new job with company B should same or similar to your company A GC LCA, so please consult with your attorney before you make any decision. Good luck!
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Jaime
09-10 04:36 PM
Everyone!!! Bad immigration policy and a handful of virulent ant-immigrants are gravely hurting our country, The United States! They have caused a REVERSE BRAIN DRAIN to afflict America and already 100,000 of us highly-skilled immigrants have left the U.S. in frustration over cumbersome and outrageously unfair visa woes. We cannot let this happen to our beloved America!!!! We need to stop this! We love the United States and want to continue to contribute to her greatness! But arcane USCIS policy WILL NOT ALLOW US TO! Let us stop this madness!!! It all starts in Washington on the 18th with our rally!!!! I'll be there in defense of America!!! Who else?????
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logiclife
11-27 02:01 PM
One way to obtain a visa is to have one parent apply for visitor's visa at one time.
For example, if the mother of the sponsoring person goes alone for a visitor's visa, its a cakewalk to convince consular officer that she will not settle in USA and come back to India where her husband is there. You dont even have to convince, its obvious.
Then, once she obtains visa, she can come, visit and go back. Then after that, the father could go to consulate to obtain his visa.
This is a slow method, often may not serve the purpose of having them both in USA at the same time, but it works for sure. In a year, both would have visas and both could come together.
For example, if the mother of the sponsoring person goes alone for a visitor's visa, its a cakewalk to convince consular officer that she will not settle in USA and come back to India where her husband is there. You dont even have to convince, its obvious.
Then, once she obtains visa, she can come, visit and go back. Then after that, the father could go to consulate to obtain his visa.
This is a slow method, often may not serve the purpose of having them both in USA at the same time, but it works for sure. In a year, both would have visas and both could come together.
saketkapur
03-15 10:46 AM
not happening........
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dgs
06-23 03:37 PM
Hey, looks like a good attorney this Indu? Is it a random find?
She does appear to be known around the bay area (based on the responses/testimonials on her forums/site if those can be considered credible).
I was google-ing for more info on this and that post came up.
It appears that it has something to do with the employers having to meet the minimum prevailing wage and cannot seek compensation from that minimum wage back for the H1 expenses. But once having met the legal requirement of the prevailing wage, it appears that it is left between the employer and employee to decide how and who pays for the H1 expenses (other than the labor and the fraud fee).
There seem to be some restrictions on whether an employer can withhold h1B expense compensation from salaries (even if beyond prevailing wages). But it appears that an employer/lawyer can bill the employee directly for all expenses including USCIS filing fees (again other then the fraud fee).
Note the emphasis on the words "seems", "appears", etc. based on what I am hearing. In other words, nothing I am posting above is conclusive. It can't be as that's why I am posting here, to solicit more information from the experts!
It seems there's some language around prohibition of expense withholding from wages in 655.731(c). But there are no other specific references around that an employee cannot pay (other than those in 212 that bobzibub posted which appear to be around the fraud fees)
She does appear to be known around the bay area (based on the responses/testimonials on her forums/site if those can be considered credible).
I was google-ing for more info on this and that post came up.
It appears that it has something to do with the employers having to meet the minimum prevailing wage and cannot seek compensation from that minimum wage back for the H1 expenses. But once having met the legal requirement of the prevailing wage, it appears that it is left between the employer and employee to decide how and who pays for the H1 expenses (other than the labor and the fraud fee).
There seem to be some restrictions on whether an employer can withhold h1B expense compensation from salaries (even if beyond prevailing wages). But it appears that an employer/lawyer can bill the employee directly for all expenses including USCIS filing fees (again other then the fraud fee).
Note the emphasis on the words "seems", "appears", etc. based on what I am hearing. In other words, nothing I am posting above is conclusive. It can't be as that's why I am posting here, to solicit more information from the experts!
It seems there's some language around prohibition of expense withholding from wages in 655.731(c). But there are no other specific references around that an employee cannot pay (other than those in 212 that bobzibub posted which appear to be around the fraud fees)
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MrWaitingGC
05-24 05:10 PM
There should be one point which says
If good happens I am planning to go back after 5years.
This will give us a count of how many will return to India. I am pretty sure this count will be good number and will increase down the line. Irrespective of this law passes or not.
If good happens I am planning to go back after 5years.
This will give us a count of how many will return to India. I am pretty sure this count will be good number and will increase down the line. Irrespective of this law passes or not.
more...
Heroichank
08-07 07:09 PM
So were you able to get an Interim EAD or did you get the EAD in time before the previous one expires.
Thanks for responding.
Thanks for responding.
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joydiptac
03-22 03:57 PM
Before we start contatcing them please make sure what we need...
Two simple things
1) Elimination of All backlog immediately. Everyone retrogessed to get gc on day one. None of the new guys illegals to get GC unless all legals pending as of then(EB and FB), have got thier GCs no matter which country quota crap or FB to EB and vice versa bullshit.
2) Citizenship relief for retrogessed.
3) In future if there are not VISA numbers lost, if so they need to be used to next country. and more clear definition of EB-FB , FB-EB w.r.t country quota.
good points...
What u mean is... if AT&T can have rollover minutes so can immigration numbers. :D
Two simple things
1) Elimination of All backlog immediately. Everyone retrogessed to get gc on day one. None of the new guys illegals to get GC unless all legals pending as of then(EB and FB), have got thier GCs no matter which country quota crap or FB to EB and vice versa bullshit.
2) Citizenship relief for retrogessed.
3) In future if there are not VISA numbers lost, if so they need to be used to next country. and more clear definition of EB-FB , FB-EB w.r.t country quota.
good points...
What u mean is... if AT&T can have rollover minutes so can immigration numbers. :D
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senthil1
06-28 02:52 PM
But for illegals Z visa(Even without GC) is much better than status quo. That will give some life to them and also it will send a message that when anyone breaks law path to citizenship is impossible. But this is also impossible as it is fundamental shift in immigration policy.
The Bond amendment is a clear indicator that legalization will never pass the senate. Not now, not next year, not in 2009, and not in 2010 or even after that. There were 41 votes in favor of keeping the Bond amendment alive. The amendment was set aside (killed) during the debate on Wednesday, but it did manage to get 41 votes in favor.
That means that 41 senators will never ever support legalization for the illegals. That means that there will never be 60 votes to support legalization of illegals. That means that filibuster will always be used by people opposing legalization of illegals.
What this means is that unless there is serious change in the composition of the Senate (pro legalization candidates getting elected and anti legalization Senators losing elections), CIR will never pass because any "Comprehensive" bill will include legalization for illegals.
AILA's description of Bond Amendment:
The Bond amendment is a clear indicator that legalization will never pass the senate. Not now, not next year, not in 2009, and not in 2010 or even after that. There were 41 votes in favor of keeping the Bond amendment alive. The amendment was set aside (killed) during the debate on Wednesday, but it did manage to get 41 votes in favor.
That means that 41 senators will never ever support legalization for the illegals. That means that there will never be 60 votes to support legalization of illegals. That means that filibuster will always be used by people opposing legalization of illegals.
What this means is that unless there is serious change in the composition of the Senate (pro legalization candidates getting elected and anti legalization Senators losing elections), CIR will never pass because any "Comprehensive" bill will include legalization for illegals.
AILA's description of Bond Amendment:
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BECsufferer
09-06 09:54 AM
Very true :cool: Uncle Sam neither invited us nor promised GCs within a short period.
Very true ... GC/ Citizenship is a privielage not a right, unless you are born in USA. Let's stop ranting about how highly qualified one is and how miserable your career had been, just beacuse of you not having GC. This is simply an excuse to ones own failures and blaiming others. How did a plumber or security gaurd take away your salary? ... truth is you were weak to ask for raise or not competent to get one.
I know you are going to vent out your furstation by giving me red dots, but little do I care. But remember my bottomline, when you point a finger at someone (thing) three of your own point back at you. If this doesn't work, use "if you spit on sky, it will fall on your face."
Very true ... GC/ Citizenship is a privielage not a right, unless you are born in USA. Let's stop ranting about how highly qualified one is and how miserable your career had been, just beacuse of you not having GC. This is simply an excuse to ones own failures and blaiming others. How did a plumber or security gaurd take away your salary? ... truth is you were weak to ask for raise or not competent to get one.
I know you are going to vent out your furstation by giving me red dots, but little do I care. But remember my bottomline, when you point a finger at someone (thing) three of your own point back at you. If this doesn't work, use "if you spit on sky, it will fall on your face."
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redcard
10-10 07:28 AM
Just a little advice... anybody who is responding to ads on Sulekha..or similar ads or to fliers which you find in every Indian Grocery Store of tech companies promising projects or training people and getting them GC need to think twice before they contact the company. The very fact that the company has to resort to such means to get people speak a lot about their intentions and business model. Its a sad fact that of the total of 2.3 million Indian Population in USA.. we have few people like Mr. Varanasi and Mr. Nick Mandalappa (Cybersoftec) who bring a bad name to the whole community...
Just last week I heard about a desi company here in DC promising to train people, sponsor H1-B and also sponsor Green Card�the only catch being they need a refundable deposit of about 150 K in India �which I am not sure will ever be refunded.. and this I believe is being done by a lot of companies. One can understand the lure of coming to US for people living back home and the hope of earning millions in US.. but I think its time we need to start educating people about such fly by night operators back home..after all even if you did manage to reach US through these body shoppers, you would be on bench for months.. with nothing paid.. and once you did get a project.. these companies will pay you peanuts..forget about the savings even survival in US becomes with what these companies pay.
I am not surprised but this is perhaps the single most important reason why visa stamping is so difficult back in India ..that even people with genuine offers suffer..
Just last week I heard about a desi company here in DC promising to train people, sponsor H1-B and also sponsor Green Card�the only catch being they need a refundable deposit of about 150 K in India �which I am not sure will ever be refunded.. and this I believe is being done by a lot of companies. One can understand the lure of coming to US for people living back home and the hope of earning millions in US.. but I think its time we need to start educating people about such fly by night operators back home..after all even if you did manage to reach US through these body shoppers, you would be on bench for months.. with nothing paid.. and once you did get a project.. these companies will pay you peanuts..forget about the savings even survival in US becomes with what these companies pay.
I am not surprised but this is perhaps the single most important reason why visa stamping is so difficult back in India ..that even people with genuine offers suffer..
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ashneels2001
05-11 11:54 AM
No- I did not contact any congressmen. I did talk couple times to USCIS directly and all they said to me was that they will get to your file soon as they finish other cases. However when I saw your post, the idea of contacting a senator did come to mind. Regardless, I was thinking of contacting USCIS every week but then I got the e-mail last night stating that it was approved. Waiting for the actual letter and the card. Just pray- and it will happen soon for you too. good luck!!
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sadshaq12
11-01 10:47 PM
as you mention it should be >=53000 but actually since my pay is 5300 per month so for 12 month is $63600
net income on both comany tax return is about $54000
so my laywer is making argument since LC was file in april so only need to show 9 month salery which is about $47700 do you think it is valid argument
thanks
I have a question i got rfe on 140 and my lawyer is submitting my document based on 9 month can you recomend is it wise steps or no my details are follow
rfe ask for 2001 tax return and w2 for me
In my case my w2 was not even filed in (yof) year of file because i was not even employed that year
I join the company after one year
and thats why my lawyer has to show company tax return net income for YOF ( which is not enough) and then he is making an argument that since my company file LC in April so since APRIL to DEC it is 9 month and if my I40 could have approved at that year (YOF) then my company had enough money to pay my preferred wages for 9 month.
this sound very logical
so I am filling My company YOF tax return and my 2007 w2 and YOF Bank statement and company letter head that based on this argument my company had enogh money to pay my proffered wages
net income on both comany tax return is about $54000
so my laywer is making argument since LC was file in april so only need to show 9 month salery which is about $47700 do you think it is valid argument
thanks
I have a question i got rfe on 140 and my lawyer is submitting my document based on 9 month can you recomend is it wise steps or no my details are follow
rfe ask for 2001 tax return and w2 for me
In my case my w2 was not even filed in (yof) year of file because i was not even employed that year
I join the company after one year
and thats why my lawyer has to show company tax return net income for YOF ( which is not enough) and then he is making an argument that since my company file LC in April so since APRIL to DEC it is 9 month and if my I40 could have approved at that year (YOF) then my company had enough money to pay my preferred wages for 9 month.
this sound very logical
so I am filling My company YOF tax return and my 2007 w2 and YOF Bank statement and company letter head that based on this argument my company had enogh money to pay my proffered wages
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mach1343
05-04 11:41 PM
I really appreciate for your response.
Is it a good time to go to India for stamping ? I mean already the F1 to H4 petition is in pending status.
Or I need to wait untill the petition has been approved and then go to India for stamp.
Please share your experiences on these issues.
Thanks,
Swathy
Best thing is go back to India and come with a fresh H4 visa stamped with new 94 card. No hassles, worry free. Also H4 stamping wouldnt be a concern at all.
Good luck
Is it a good time to go to India for stamping ? I mean already the F1 to H4 petition is in pending status.
Or I need to wait untill the petition has been approved and then go to India for stamp.
Please share your experiences on these issues.
Thanks,
Swathy
Best thing is go back to India and come with a fresh H4 visa stamped with new 94 card. No hassles, worry free. Also H4 stamping wouldnt be a concern at all.
Good luck
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sunil68
02-03 09:01 PM
any response here!!!
How does one pay taxes on NRE & FCNR accounts? I mean, Indian banks do not issue 1099-INT forms like US banks do. Do they issue some kind of certificate in lieu of that form? Calculating taxes on FCNR accounts can be little easier as they pay you interest in dollars, but how do you calculate taxes on NRE rupee accounts? At what conversion rate you convert your rupee interest in dollars? Also, I know you have to report your accounts abroad to the US treasury dept, ONLY if the total amount in those accounts together exceeds $10,000 any time in any year as instructed in 1040-Schedule B. So if it is below $10k, you do not need to report and if you do not report, then how do you pay taxes on it? If you still need to pay, then what documents you need to provide to IRS from your Indian bank?
I am pretty sure this can be very useful for those have or plan to have bank accounts in their native countries for meeting local expenses. So please share your knowledge and information here.
How does one pay taxes on NRE & FCNR accounts? I mean, Indian banks do not issue 1099-INT forms like US banks do. Do they issue some kind of certificate in lieu of that form? Calculating taxes on FCNR accounts can be little easier as they pay you interest in dollars, but how do you calculate taxes on NRE rupee accounts? At what conversion rate you convert your rupee interest in dollars? Also, I know you have to report your accounts abroad to the US treasury dept, ONLY if the total amount in those accounts together exceeds $10,000 any time in any year as instructed in 1040-Schedule B. So if it is below $10k, you do not need to report and if you do not report, then how do you pay taxes on it? If you still need to pay, then what documents you need to provide to IRS from your Indian bank?
I am pretty sure this can be very useful for those have or plan to have bank accounts in their native countries for meeting local expenses. So please share your knowledge and information here.
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skp07
03-02 10:28 AM
First of all, what is her status? i.e. pharmacist licensed or FPGE certified or just starting? 2nd question is which state U R looking at? If in arizona, CVS is a better option, if in east coast try wal-mart.
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solraj
02-01 03:35 PM
Not but the least.The attorney advised to withdraw few applicants to provide the Ability to pay. In my idea it is a smart ope. This is specially true with consulting comp's.They file GC's for future Employment, we know what it is all abt.
Makes sense if you have the dough , if no then it is robbing Peter to pay Paul. But only Peter is the bread winner now. First do justice to Peter.
Good luck.
Makes sense if you have the dough , if no then it is robbing Peter to pay Paul. But only Peter is the bread winner now. First do justice to Peter.
Good luck.
jaane_bhi_do_yaaro
08-24 03:41 PM
For your kind of left over personality...left over is more than enough.
Your personality does not even meet standard for left-over.
Sorry to say that.
Buy you can always improve yourself if there is a room for it!
Your personality does not even meet standard for left-over.
Sorry to say that.
Buy you can always improve yourself if there is a room for it!
diptam
08-03 11:44 AM
# Your PD is 10/2005 and EB2 was Current till Apr 2004 when you mailed
485... It may be rejected if i'm understanding correct .
You have time till Aug 17th to file 485 again as Per July 2nd Bulletion.
# Regd you 140 troubles hangon to the APPROVED receipt - That will save
you in case USCIS has a error.
The brief info below is our basic background:
Perm EB2，
LC Perm PD：10/2005，approved in 11/2005 at Chicago；
140 RD：01/17/2006， approved on 01/23/2006 at TSC；
485 was delivered to NSC on June 27, 2007, no receipt yet.
In order to track if there is a LUD on my I-140 to check when the receipt could be mailed out to me, I checked my I-140 status this morning. From the info above, I expected to see if there is LUD or not. To be super surprised, I found the following info:
-----------------------------------------------------------------
Receipt Number: SRC06081XXXXX
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Response to request for evidence received, and case processing has resumed
On March 13, 2006, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You
should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been
completed, in which case you can use our processing dates to estimate when this case will be done
-----------------------------------------------------------------
What is this message supposed to mean? My I-140 has been approved on 01/17/06. I am still holding the photocopy of the approval letter. Why is it saying my I-140 still processing?
To prove my I-140 is indeed approved, the message below is the copy I keep when my I-140 was approved on 01/17/06
-----------------------------------------------------------------
Receipt Number: SRC06081XXXXX
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status:
This case has been approved. On January 23, 2006, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.
-----------------------------------------------------------------
The same receipt number gives me totally different message. And I am still holding the hardcopy of my I-140 approval letter. Is there anyone know what is the problem? Is this problem going to hurt my I-485 filing?
In terms of the worst scenario, do I need to reapply I-140? If this is the case, shall I concurrent file I-140 and I-485 before Aug 17th? I am a June filer. I still don't get why I am put into such a big trouble!
Thanks a billion for answering my weird question!
485... It may be rejected if i'm understanding correct .
You have time till Aug 17th to file 485 again as Per July 2nd Bulletion.
# Regd you 140 troubles hangon to the APPROVED receipt - That will save
you in case USCIS has a error.
The brief info below is our basic background:
Perm EB2，
LC Perm PD：10/2005，approved in 11/2005 at Chicago；
140 RD：01/17/2006， approved on 01/23/2006 at TSC；
485 was delivered to NSC on June 27, 2007, no receipt yet.
In order to track if there is a LUD on my I-140 to check when the receipt could be mailed out to me, I checked my I-140 status this morning. From the info above, I expected to see if there is LUD or not. To be super surprised, I found the following info:
-----------------------------------------------------------------
Receipt Number: SRC06081XXXXX
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Response to request for evidence received, and case processing has resumed
On March 13, 2006, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You
should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been
completed, in which case you can use our processing dates to estimate when this case will be done
-----------------------------------------------------------------
What is this message supposed to mean? My I-140 has been approved on 01/17/06. I am still holding the photocopy of the approval letter. Why is it saying my I-140 still processing?
To prove my I-140 is indeed approved, the message below is the copy I keep when my I-140 was approved on 01/17/06
-----------------------------------------------------------------
Receipt Number: SRC06081XXXXX
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status:
This case has been approved. On January 23, 2006, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283.
-----------------------------------------------------------------
The same receipt number gives me totally different message. And I am still holding the hardcopy of my I-140 approval letter. Is there anyone know what is the problem? Is this problem going to hurt my I-485 filing?
In terms of the worst scenario, do I need to reapply I-140? If this is the case, shall I concurrent file I-140 and I-485 before Aug 17th? I am a June filer. I still don't get why I am put into such a big trouble!
Thanks a billion for answering my weird question!