cool_guy_onnet1
11-21 02:09 PM
I am in a big,actually huge problem, Filed for EAD/AP and got it.
Now I may loose my job in next month-
My wife will be here sometime this month on h4- but she does not have an AP since we were not married when the dates were current. So lets say If I jump on EAD/AP -
what happens to her status? How can she travel? She does not have AP and obviously, her H4 shall become void if I loose this job. Horrible situation especially considering it's the holiday season.
PLEASE HELP!!!!!!
I've been IV member since it's formation and have contributed everymonth!
PLEASE GUYS PLEASE HELP
Now I may loose my job in next month-
My wife will be here sometime this month on h4- but she does not have an AP since we were not married when the dates were current. So lets say If I jump on EAD/AP -
what happens to her status? How can she travel? She does not have AP and obviously, her H4 shall become void if I loose this job. Horrible situation especially considering it's the holiday season.
PLEASE HELP!!!!!!
I've been IV member since it's formation and have contributed everymonth!
PLEASE GUYS PLEASE HELP
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BPforGC
08-11 05:44 PM
Dear Friends
One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.
Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....
My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).
Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.
The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.
How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.
In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.
Only thing that will get you green card faster is "Luck".
Good luck to all of us.
One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.
Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....
My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).
Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.
The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.
How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.
In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.
Only thing that will get you green card faster is "Luck".
Good luck to all of us.
b2visahelp
07-09 03:34 PM
My parents went to request for visitor visa for a second time. They got rejected again. This time only my parents applied, without my brothers. They showed the VO a letter stating reasons why they won't immigrate to the US (have 3 sons in Indonesia, taking care of elderly parent and have business & properties in Indonesia). The letter also stated that parents only want a short duration visa just to attend my wedding. All questions VO asked was about me, that I got asylum and didn't come back. Now I really don't know what to do. Should I include a notarized letter from me stating that I will make sure my parents go back to Indonesia within the allowed time? My parents don't have the intention to immigrate but I don't know how they can convince the VO.
I would really appreciate your advice. Thank you so much!
I would really appreciate your advice. Thank you so much!
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tissac
01-23 10:28 AM
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
>>>>>I also had to keep checking many times when trying to get and interview for my parents in native language. Then I read in some forum that they normally open the appointments Thursday late night or Friday early morning (US time) . I tried that and I got an appointment. Good Luck !!
>>>>You can download and print the forms put you signature (since you did it on their behalf) and send it to your parents for their signature. They need to take these printouts for the interview.
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents
>>>> In my case I had a valid stamp. But still I send the copy of my I-797 also. I don't think stamping is necessary. I-797 + new I-94 proves your status.
Thomas
>>>>>I also had to keep checking many times when trying to get and interview for my parents in native language. Then I read in some forum that they normally open the appointments Thursday late night or Friday early morning (US time) . I tried that and I got an appointment. Good Luck !!
>>>>You can download and print the forms put you signature (since you did it on their behalf) and send it to your parents for their signature. They need to take these printouts for the interview.
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents
>>>> In my case I had a valid stamp. But still I send the copy of my I-797 also. I don't think stamping is necessary. I-797 + new I-94 proves your status.
Thomas
more...
mmanurker
04-13 11:48 AM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
obviously
08-04 11:54 AM
Yes, the new I-140 has the old EB3 PD on it.
So, the I-485 itself cannot be 'ported', right? Interfiling gives the benefit of having an I-140 with a higher category (here, EB2), but an older PD (from the EB3). Right?
What kind of 'delays' does the new I-485 application add? (Possibly a moot point ;)) New medicals (ouch!)? etc.? etc.?
Cheers!
So, the I-485 itself cannot be 'ported', right? Interfiling gives the benefit of having an I-140 with a higher category (here, EB2), but an older PD (from the EB3). Right?
What kind of 'delays' does the new I-485 application add? (Possibly a moot point ;)) New medicals (ouch!)? etc.? etc.?
Cheers!
more...
greencard_fever
08-04 04:17 PM
I just checked my A#'s on both approved I-140 and pending I-485 both are different..what should i do now..do i need to call USCIS to open a ticket to reconsile the two A#'s or it's ok to have like this:confused::confused:
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parablergh
08-12 08:36 PM
Hi, thanks
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
more...
jbr
02-27 06:55 PM
Not sure if the conference call mentioned in the previous post has already been held. I wouldn't mind joining in future calls. Thanks.
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sammyb
03-24 02:04 PM
Thanks ... wil listen to it from home ...
http://wamu.org/programs/kn/08/03/24.php#20155
Our segment is available without fast forward
If the Windows Media does not load try with Real Player that normally works better for me.
http://wamu.org/programs/kn/08/03/24.php#20155
Our segment is available without fast forward
If the Windows Media does not load try with Real Player that normally works better for me.
more...
am2006
12-08 08:34 AM
Called Senator Tom Price - 770-565-4990. Was asked the Bill #.
What's the Bill # and which house is it being introduced in?
What's the Bill # and which house is it being introduced in?
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kminkeller
03-09 04:17 PM
Thanks guys. Thanks a lot for all these information.
So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?
Thanks.
So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?
Thanks.
more...
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webpromo
03-25 09:50 AM
they gave the xerox copies of the passport , and hold my passport , I never heard any one in this situation , they are so stupid and racial ,and I don't think they make sense , read this this is real situation in US this is true , because I the victim of this
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Guide to US Deportation (http://www.asifism.com/guide-to-us-deportation/)
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razis123
06-16 10:13 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
more...
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martinvisalaw
01-06 05:42 PM
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!
I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!
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sri1309
10-19 09:11 PM
immigration related only please.... imagine, I post related to a car, other did for which course is good, which school is good.. Lets stick to immigration issues for now.
more...
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GCisLottery
01-25 04:47 PM
Please do not quote T(oilet paper) o(f) I(ndia)
Seriously.
Seriously.
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clif
06-15 06:00 AM
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both? If I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
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newuser
08-17 11:27 AM
ashkam
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
I think the expiry date is based on EAD, not based on I-485 receipt notice.
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
I think the expiry date is based on EAD, not based on I-485 receipt notice.
trucks55
06-04 03:46 PM
I had recent gt my in-laws visa stamped at chennai consulate, i has send my 3 months bank statements from my online statements..
hope this help you ...
hope this help you ...
viper673
06-07 12:37 PM
Yes pending 485 at TSC.
The IRS can't produce transcripts older than 3 years.
There's a form you can fill out and pay $39/return and takes up to 60 days, but even on this one it says: "records older than 7 years may not be available as it's admissable by law that they be distroyed".
The IRS can't produce transcripts older than 3 years.
There's a form you can fill out and pay $39/return and takes up to 60 days, but even on this one it says: "records older than 7 years may not be available as it's admissable by law that they be distroyed".
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