jonty_11
05-02 11:56 AM
In this world of cyber info and GOOGLE...these questions can be answered by self...
Just google -
Here is the link for the still lazy folks -http://thomas.loc.gov/home/laws_made.html
and more -
http://www.votesmart.org/resource_govt101_02.php
Just google -
Here is the link for the still lazy folks -http://thomas.loc.gov/home/laws_made.html
and more -
http://www.votesmart.org/resource_govt101_02.php
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tinamatthew
07-21 09:26 PM
My attorney was swearing that you don't need employment letter. He was saying that he applied numerous I-485s recently without employment letter. He says that employment letter was required long ago, when the gap between I-140 and I-485 was many years, so INS wanted to verify that you are still with current employer and that employer still intends to sponsor you GC. Today you apply 140 almost together with 485, of course it means that the company is willing to sponsor you, so the letter doesn't make much sense.
So... according to my attorney you should be fine.
(although I personally insisted on inclusion of my employment letter and he included mine reasoning that it will do no harm).
You are right for concurrently filed I-140 & i-485 most lawyers do not include it. BUT it is listed as initial evidence for i-485. You did the right thing by insisting it be included, at a time like this, it is not worth the risk. I anticipate that if they have 10s of thousands of applications USCIS will try to reject as many packages as possible (closer to Aug 17th). This will mean less to adjudicate. NOONE esp EB3 should miss this opportunity!
So... according to my attorney you should be fine.
(although I personally insisted on inclusion of my employment letter and he included mine reasoning that it will do no harm).
You are right for concurrently filed I-140 & i-485 most lawyers do not include it. BUT it is listed as initial evidence for i-485. You did the right thing by insisting it be included, at a time like this, it is not worth the risk. I anticipate that if they have 10s of thousands of applications USCIS will try to reject as many packages as possible (closer to Aug 17th). This will mean less to adjudicate. NOONE esp EB3 should miss this opportunity!
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redddiv
07-18 07:03 AM
hi Guys,
I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
Lets discuss its relevance? What does the Core think about this.?
I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
Lets discuss its relevance? What does the Core think about this.?
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almondeyes
01-22 12:47 PM
Hi All,
I was wondering if any of you or your parents have faced any problems at POE while entering US after a B2 visa extension of stay denial. My mom was last here in 2007 and we had applied for an extension. But we got the denial notice about 2 weeks after her I94 expiration date. She left within a week after getting the notice which means 3 weeks after the I94 date. She is now planning to come after a gap of 2 years. I was wondering if she will have any problems at POE and if they will give her 6 months stay. The last time i spoke with USCIS at the time of denial they had assured me that her visa is still valid. But i have read a lot of contradictory information online. Will really appreciate some help and insight on this.
Thank you.
I was wondering if any of you or your parents have faced any problems at POE while entering US after a B2 visa extension of stay denial. My mom was last here in 2007 and we had applied for an extension. But we got the denial notice about 2 weeks after her I94 expiration date. She left within a week after getting the notice which means 3 weeks after the I94 date. She is now planning to come after a gap of 2 years. I was wondering if she will have any problems at POE and if they will give her 6 months stay. The last time i spoke with USCIS at the time of denial they had assured me that her visa is still valid. But i have read a lot of contradictory information online. Will really appreciate some help and insight on this.
Thank you.
more...
vin13
04-01 12:16 PM
Hi,
I have a question regarding Pending AOS status and Expiring I-94 and whether this is an issue. Last time when I entered USA using Advance parole, my I-94 was stamped with a validity of one year (which I think is normal) but now its expiring and my I-485 is still pending. I am working on EAD and I am EB3 ROW (priority date not current). Can anyone provide some details on whether expired I-94 will be an issue during pending AOS? Normally, I-94 determine the status but I am not sure while in pending AOS. I read lots of thread saying expiring I-94 is not an issue but have not seen any official note from USCIS or DOL saying so. My lawyer said this is gray area.
I know lots of people will be in this situation specially because of July 2007 fiasco. Please provide your experience. Do we need to do anything with expiring I-94 during pending AOS with EAD?
Thanks
BK
I do not think this is an issue. It is not practical for someone to go out of the country every year just to get a new I-94. Also not everyone may apply for EAD and Advance parole. If a derivate is not working and doesnot intend to work or travel then they do not need any EAD or Advance Parole. Just that they are in AOS is a valid status to stay.
I have a question regarding Pending AOS status and Expiring I-94 and whether this is an issue. Last time when I entered USA using Advance parole, my I-94 was stamped with a validity of one year (which I think is normal) but now its expiring and my I-485 is still pending. I am working on EAD and I am EB3 ROW (priority date not current). Can anyone provide some details on whether expired I-94 will be an issue during pending AOS? Normally, I-94 determine the status but I am not sure while in pending AOS. I read lots of thread saying expiring I-94 is not an issue but have not seen any official note from USCIS or DOL saying so. My lawyer said this is gray area.
I know lots of people will be in this situation specially because of July 2007 fiasco. Please provide your experience. Do we need to do anything with expiring I-94 during pending AOS with EAD?
Thanks
BK
I do not think this is an issue. It is not practical for someone to go out of the country every year just to get a new I-94. Also not everyone may apply for EAD and Advance parole. If a derivate is not working and doesnot intend to work or travel then they do not need any EAD or Advance Parole. Just that they are in AOS is a valid status to stay.
new_horizon
03-02 12:29 PM
unfortunately pharmacists are not cap exempt. they have to go thru the same process like us. yes better to go thru CVS than thru other means. call the CVS counsul officer, and tell him/her the urgency of your situation. Of course your wife will have to call. further they wouldn't also want to miss the filing date, 'coz they have already invested in her by having employed her already. and pharmacies are hard pressed to find pharmacists in most states.
Hi,
My wife is looking for H1 sponsorship for this year as a pharmacist. She is currently working with CVS (who will be doing her H1B), but I have a very strong suspicion that they will miss the april deadline. Any Help would appreciated.
Thanks.
Hi,
My wife is looking for H1 sponsorship for this year as a pharmacist. She is currently working with CVS (who will be doing her H1B), but I have a very strong suspicion that they will miss the april deadline. Any Help would appreciated.
Thanks.
more...
santb1975
04-26 01:22 AM
A linkedin group already exists for IV. We do not have to set up a new one
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samcam
02-08 05:05 PM
Thank you volunteers of IV.... Keep up the good work!
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insbaby
10-06 11:02 AM
Dear Friends,
Please answer this question urgently. Currently me and my wife are in EAD working here. My wife needs to go back india for her delivery. please let us know what are the implications? Is there a problem bringing baby later to US? what visa they give to baby? What happens if my approval happens during that period(July -2002 EB3)? or do we get another finger printing notice if we can't go?
PLEASE WAITING FOR YOUR REPLY.
THANKS
Prajwal
Please revisit your decision if you can. Both of you are in EAD and working here, should have covered by insurance fully. You can consider having baby here instead of going there.
If you are planning to go there, she has to go at the 5 th month for safe as airlines won't let to travel if past 6 or 7 months. And she can come only after few months once baby is born.
[** Removed ** Your baby has to get Indian passport, go to US consulate for H4 stamping etc etc. ** Removed **]
[** Updated ** If you don't have or maintaining valid H1B, your kid and/or wife can not obtain H4 visa. ** Updated **]
Counting from the day she is leaving US, it would surely takes 8 months to 1 year before she comes back.ut,
If you plan to have baby here, you have lot of options.
But, I don't know your situation, so my suggestion may or may not work for you.
Please answer this question urgently. Currently me and my wife are in EAD working here. My wife needs to go back india for her delivery. please let us know what are the implications? Is there a problem bringing baby later to US? what visa they give to baby? What happens if my approval happens during that period(July -2002 EB3)? or do we get another finger printing notice if we can't go?
PLEASE WAITING FOR YOUR REPLY.
THANKS
Prajwal
Please revisit your decision if you can. Both of you are in EAD and working here, should have covered by insurance fully. You can consider having baby here instead of going there.
If you are planning to go there, she has to go at the 5 th month for safe as airlines won't let to travel if past 6 or 7 months. And she can come only after few months once baby is born.
[** Removed ** Your baby has to get Indian passport, go to US consulate for H4 stamping etc etc. ** Removed **]
[** Updated ** If you don't have or maintaining valid H1B, your kid and/or wife can not obtain H4 visa. ** Updated **]
Counting from the day she is leaving US, it would surely takes 8 months to 1 year before she comes back.ut,
If you plan to have baby here, you have lot of options.
But, I don't know your situation, so my suggestion may or may not work for you.
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javadeveloper
08-15 03:38 PM
I e-filed for my wife's EAD renewal on april 21st at TSC. Till now no replies and we had the fingerprinting done on May 7th 2008. We requested for expedite and the current EAD is expiring today(Augst 15th 2008). I saw in the earlier reply, that I can go to local USCIS office and get a temp EAD. Can you please confirm whether it is possible and has anyone got that?
Reply appreciated.
By July 21st you have completed 90 days of filing EAD.on 22nd or 23rd July you should have taken Infopass and gone to local USCIS to expedite the EAD processing.Again on 1st Aug or 2nd Aug you should have taken Infopass and gone to local USCIS to expedite the EAD processing , and should have written a letter to Senator.
Reply appreciated.
By July 21st you have completed 90 days of filing EAD.on 22nd or 23rd July you should have taken Infopass and gone to local USCIS to expedite the EAD processing.Again on 1st Aug or 2nd Aug you should have taken Infopass and gone to local USCIS to expedite the EAD processing , and should have written a letter to Senator.
more...
kumar1
01-15 02:28 PM
This 30 day rule is bunch of bull. There is no written official evidence of it. Desi, show me this on any "Official" web site. Flat wrong statement.
You status is H1-B since Oct 2008. You had 30 days to start working (from Oct 1st). You are accumulating out-of-status days.
__________________________
Not a legal advice.
US Citizen of Indian Origin
You status is H1-B since Oct 2008. You had 30 days to start working (from Oct 1st). You are accumulating out-of-status days.
__________________________
Not a legal advice.
US Citizen of Indian Origin
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Sage_of_Fire
08-30 10:53 AM
Now with just one dash.
more...
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naveenarjun
07-17 02:36 PM
Do you guys know about the 'stockholm syndrome'? All of the GC hopefuls suffer from it!
Nobody is holding you captive...
Nobody is holding you captive...
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akred
01-20 04:23 PM
The main reason to give up the GC is US taxes.
Say you make a million dollars in India thru your business or whatever.
If you have GC, and you do the "annual pilgrimage" to keep it alive, it means you will have to pay taxes on the million you made in India as well. There is some rebate to avoid dual taxation, but in general US taxes are higher taking into account multiplicity of tax jurisdictions here.
BTW, as per US tax law if you give up citizenship or GC, for immigration purposes you have given up, but for tax purposes the IRS decides whether you have given up or not. If they feel you have given up to avoid taxes, they can force you to pay taxes on US income.
Not a good example.
The crux of the matter is that the US taxes citizens and permanent residents on worldwide income whether you are resident in the US or not. As opposed to this, many other countries either have no personal income tax or exempt non-residents from personal income taxes.
So a valid tax avoidance strategy is to surrender US documents and move to a low tax country like the ones listed on www.lowtax.net (http://www.lowtax.net) and conduct business in the US during short term visits. The IRS can still require you to file US taxes for 10 years past the year in which you surrender your GC if you have had your GC for 8 years.
In this case Indian citizens have it easier because India does not tax on worldwide income. People can simply split time between India and some other low tax country (e.g. Dubai) and avoid income taxes in either country.
Say you make a million dollars in India thru your business or whatever.
If you have GC, and you do the "annual pilgrimage" to keep it alive, it means you will have to pay taxes on the million you made in India as well. There is some rebate to avoid dual taxation, but in general US taxes are higher taking into account multiplicity of tax jurisdictions here.
BTW, as per US tax law if you give up citizenship or GC, for immigration purposes you have given up, but for tax purposes the IRS decides whether you have given up or not. If they feel you have given up to avoid taxes, they can force you to pay taxes on US income.
Not a good example.
The crux of the matter is that the US taxes citizens and permanent residents on worldwide income whether you are resident in the US or not. As opposed to this, many other countries either have no personal income tax or exempt non-residents from personal income taxes.
So a valid tax avoidance strategy is to surrender US documents and move to a low tax country like the ones listed on www.lowtax.net (http://www.lowtax.net) and conduct business in the US during short term visits. The IRS can still require you to file US taxes for 10 years past the year in which you surrender your GC if you have had your GC for 8 years.
In this case Indian citizens have it easier because India does not tax on worldwide income. People can simply split time between India and some other low tax country (e.g. Dubai) and avoid income taxes in either country.
more...
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ssreenu
04-14 09:50 PM
I have decided to change my job after being a full time employee at the same company for 5 1/2 year. I am a electrical engineer by profession and have two masters degree from US in EE and Biomedical Engineering and Bachelors from India.
I have an offer from a consulting company whose direct client is Microsoft. They want a vendor engineer on a 1 1/2 year contract which, according to the company, have good chances of being renewed. The pay is much better than what I am earning now. They are willing to do initiate the green card process as soon as I come on board.
My questions are
1) When should I give the two week notice ? The company is insisting me to start as soon as they send the H1b application while I am insisting I will give the two week notice to my employer after they send out the application. I tried telling them that I will join after they get the actual approval but they are not willing to wait that long. Do you think if its worth the risk ?
2) This is not an IT job. The company has around 30-35 employees most of which work as contractors for MS. They have only sponsored one H1B till now. Do you think their inexperience can be a risk ? They are using a lawyer to do the H1b filing.
3)My priority date is Nov 1st 2007 and I have an approved I140. At this stage would you take the risk of changing jobs and going on a 1 1/2 year contract .......or stick to your current job for another 1-2 year till your PD becomes current.
4)My wife will be going to India this summer and will need to get H1 stamping. Do you think she will have problems getting visa since I am changing jobs and will have only 2-3 paychecks with the new company by then. Also since this is a contracting job is there a risk in getting H4 stamping ?
5) I am not sure if the new employer is apply for premium processing. If they don't how long does it take to get H1B approval from the date of application.
Thanks a lot guys.
Request them to apply for premium H1 processing this will give you better options. Normal H1 processing these days is taking up to 5 months. Given the economic situation and H1 approval scenario I would not switch jobs util my H1 is approved no matter how big the salary difference is. By switching jobs with out H1 approval will jeopardies your status, meaning if something goes wrong you will be forced to leave the country.
It is very risky for your wife to travel while your H1 transfer is in progress. Contact a good immigration attorney to get advise on your situation. Your situation is worth spending couple hundred dollars towards these attorneys. Since you have Masters from US dont forget to ask your future employer to file your GC in EB2 and since your I-140 is already approved you can retain your PD. Wish you good luck.
I have an offer from a consulting company whose direct client is Microsoft. They want a vendor engineer on a 1 1/2 year contract which, according to the company, have good chances of being renewed. The pay is much better than what I am earning now. They are willing to do initiate the green card process as soon as I come on board.
My questions are
1) When should I give the two week notice ? The company is insisting me to start as soon as they send the H1b application while I am insisting I will give the two week notice to my employer after they send out the application. I tried telling them that I will join after they get the actual approval but they are not willing to wait that long. Do you think if its worth the risk ?
2) This is not an IT job. The company has around 30-35 employees most of which work as contractors for MS. They have only sponsored one H1B till now. Do you think their inexperience can be a risk ? They are using a lawyer to do the H1b filing.
3)My priority date is Nov 1st 2007 and I have an approved I140. At this stage would you take the risk of changing jobs and going on a 1 1/2 year contract .......or stick to your current job for another 1-2 year till your PD becomes current.
4)My wife will be going to India this summer and will need to get H1 stamping. Do you think she will have problems getting visa since I am changing jobs and will have only 2-3 paychecks with the new company by then. Also since this is a contracting job is there a risk in getting H4 stamping ?
5) I am not sure if the new employer is apply for premium processing. If they don't how long does it take to get H1B approval from the date of application.
Thanks a lot guys.
Request them to apply for premium H1 processing this will give you better options. Normal H1 processing these days is taking up to 5 months. Given the economic situation and H1 approval scenario I would not switch jobs util my H1 is approved no matter how big the salary difference is. By switching jobs with out H1 approval will jeopardies your status, meaning if something goes wrong you will be forced to leave the country.
It is very risky for your wife to travel while your H1 transfer is in progress. Contact a good immigration attorney to get advise on your situation. Your situation is worth spending couple hundred dollars towards these attorneys. Since you have Masters from US dont forget to ask your future employer to file your GC in EB2 and since your I-140 is already approved you can retain your PD. Wish you good luck.
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karanp25
08-18 05:59 PM
sweet_jungle: How did u find that biometrics are missing from your file? Did u call Nebraska Service Center using POJ method or was it second level customer service? Please share. Thanks
yes, had LUD after FP.
Found out about missing bio from IO. He fixed it.
Had LUD after that.
Have filed SR. Lets see
yes, had LUD after FP.
Found out about missing bio from IO. He fixed it.
Had LUD after that.
Have filed SR. Lets see
more...
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jcrajput
09-30 08:56 PM
My applicaion was return because of they could not locate I-797 for I-140. I am sure I had attached this. Would you please provide me the details for covering letter if you have some.
Thanks a lot.
Thanks a lot.
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ujjvalkoul
08-21 10:50 AM
Do we have sample letters we could use for this
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dkshitij
08-27 04:16 PM
It is not the job of the lawyer to say why you are a better fit for the position. It is the job of the company. The lawyer is not the one hiring you, it is your company. Unfortunately, with an MS+0 experience, you are in a position where it is highly likely that your labor would be denied. You need to be able to show that another person with an MS+0 who does not need sponsorship is not as good as you. Even if they are reasonably as good as you, it will not be approved. See if you can get the requirements modified.
Hold on lady! (I am not calling you a woman, its just a colloquial slang) Stop making assumptions here. I have seen many a MS+0 get approved. It depends on job requirements. Education is just one parameter. Skills and domain of expertise matter too.
Hold on lady! (I am not calling you a woman, its just a colloquial slang) Stop making assumptions here. I have seen many a MS+0 get approved. It depends on job requirements. Education is just one parameter. Skills and domain of expertise matter too.
Openarms
01-21 10:33 AM
Do we need to notarize any documents??.... there is confusing information on the website. one line they say need for EAD and the other line they do not?
� Copy of pages indicating U.S. Visa or original Green Card or Employment Authorization Card (EAC) or any other visa documents to be shown at the counter and a copy of both sides of documents deposited (in case applications being mailed, a notarized copy of these documents can be sent);
� In case application for Green Card (I-485) or EAC or Visa is pending/being processed, a copy of documents in support of this fact must be deposited;
� Completed Nationality Status Verification Form;
� Copy of pages indicating U.S. Visa or original Green Card or Employment Authorization Card (EAC) or any other visa documents to be shown at the counter and a copy of both sides of documents deposited (in case applications being mailed, a notarized copy of these documents can be sent);
� In case application for Green Card (I-485) or EAC or Visa is pending/being processed, a copy of documents in support of this fact must be deposited;
� Completed Nationality Status Verification Form;
kaisersose
06-16 02:38 PM
Boss, go to google and search for motels/hotels in chennai. This is a forum with purpose and lets keep it that way. Post questions only related to immigration instead of personal information.
Sorry for harsh words.
As he is going to the US consulate, it becomes an immigration related topic, not any different from someone asking a question on how to fill the 765 form. Or else, we could tell the person who askes questions on filling forms, to avoid such posts and read instructions on the USCIS site.
But if the OP was asking for good hotels on the Vegas Strip, then I agree that it is out of topic on an immigration forum.
Sorry for harsh words.
As he is going to the US consulate, it becomes an immigration related topic, not any different from someone asking a question on how to fill the 765 form. Or else, we could tell the person who askes questions on filling forms, to avoid such posts and read instructions on the USCIS site.
But if the OP was asking for good hotels on the Vegas Strip, then I agree that it is out of topic on an immigration forum.