div_bell_2003
03-06 02:03 AM
Online application usually warrants a fingerprinting , it's best to apply in paper if that needs to be avoided.
wallpaper lack and white smiley face. lack and white smiley face. lack and white,
qualified_trash
01-30 12:28 AM
why did they revoke it after approving it?
sweet_jungle
10-23 01:34 PM
So is it conditional GC??
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
2011 lack and white smiley face. women Round faces clip age, no one wants to
langagadu
05-01 03:06 PM
You still have to go through an attorney but I think you are fine as long as you went out of USA and got in after your H1-B approval in 2003.
I think legal stay is counted from the last entry.
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
I think legal stay is counted from the last entry.
Hi all;
Questions if anyone has ever seen an RFE like this one.
My first RFE was asking for all documents related to work authorized by USCIS.
I think I responded properly and provided all documents requested.
Then another RFE just came in end of April mail asking for the following.
Please provide all school transcripts during your F1 student status.
Now I am dummy because up until about few days ago I just realized I made big mistake!
I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.
Any good lawyers in San Jose area think I can pass with a letter of explanation?
more...
hoolahoous
01-14 10:34 AM
i also find it disturbing that USCIS is trying to define its own definition of employer-employee relationship. As long as a company pays a person, that person is employee. They have no right to demand that there needs to be immediate supervisor from same company onsite or that company needs to provide the itinerary for employee.
I know job market is bad, but hunting down H1b's is not going to make it better.
I know job market is bad, but hunting down H1b's is not going to make it better.
.jpg "lack and white smiley face. lack and white smiley face. New Era x Smiley")
waiting_4_gc
07-18 06:48 PM
Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.
Its going to be another lawsuit :confused:
Its going to be another lawsuit :confused:
more...
pappu
04-10 01:57 PM
Pappu,
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
I have updated my dates in profile. I really appreciate any information on EAD/AP changes from IV core team.
Thanks for updating the profile
We have asked for a multi year EAD and AP.
Until the rule comes out we have to continue to apply as per old rules and apply for a 1 year AP and EAD
The decision for OPT was made early probably due to the April1 H1B filings. We hope USCIS and Administration work on moving forward with multi year EAD and AP at the earliest and this issue is not buried under bureaucratic delays
2010 of the smiley face.
mrow
07-07 10:21 PM
My thoughts:
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
more...
myan88
03-29 10:29 PM
I need help on my 140 filings. My situation is:
02/2004, applied EB3 LC, pending until 02/2007
10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession
in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.
But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...
I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.
Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?
Thanks
02/2004, applied EB3 LC, pending until 02/2007
10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession
in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.
But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...
I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.
Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?
Thanks
hair A smiley face
rsayed
12-14 12:00 PM
Here is the satement of Senator Salzar on ICE Action and the Need for CIR
http://salazar.senate.gov/news/releases/061212immg.htm
It is common knowledge that CIR is required - perhaps more visible than the SKIL, since most Senators or Reps are either not that aware or not that concerned, about the Skilled Non-Immigrant community.
Either case - whether it's the CIR that comes to the fore during the 110th congress or the SKIL, it will be advantageous for us.
For now, I guess all we can do is wait for the new congress to step in, in Jan to see what happens.
http://salazar.senate.gov/news/releases/061212immg.htm
It is common knowledge that CIR is required - perhaps more visible than the SKIL, since most Senators or Reps are either not that aware or not that concerned, about the Skilled Non-Immigrant community.
Either case - whether it's the CIR that comes to the fore during the 110th congress or the SKIL, it will be advantageous for us.
For now, I guess all we can do is wait for the new congress to step in, in Jan to see what happens.
more...
grupak
03-25 11:34 AM
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
Not sure the precise definition of passive exists. I would take it to be not involved in any business decisions or day-to-day running of the business. Just putting in the money and letting the CEO and the rest make all the decisions as in buying stock is passive. I may be wrong.
Not sure the precise definition of passive exists. I would take it to be not involved in any business decisions or day-to-day running of the business. Just putting in the money and letting the CEO and the rest make all the decisions as in buying stock is passive. I may be wrong.
hot starts smiley faces black
fatjoe
08-25 11:03 PM
fatjoe,
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
more...
house White Tuft Smiley Face
gemini23
11-21 10:30 AM
the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.
The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.
Thanks waitingforlong. And the proof of AOS would be 485 receipts right?
The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.
Thanks waitingforlong. And the proof of AOS would be 485 receipts right?
tattoo lack and white smiley face. lack and white smiley face. New Era x Smiley
lccleared
04-15 10:14 AM
We had the same situation and ones got rejected.
By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.
Hope this helps out.
Thanks.
By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.
Hope this helps out.
Thanks.
more...
pictures lack and white smiley face.
midguy
01-12 06:41 PM
Hi All,
My EAD expired in last October and I am still working on H1 ...when I renew EAD which option I have to choose while applying for EAD...is it Renewal or a Fresh one?
My EAD expired in last October and I am still working on H1 ...when I renew EAD which option I have to choose while applying for EAD...is it Renewal or a Fresh one?
dresses lack and white smiley
gc_on_demand
12-02 09:51 AM
What are chances of Dream Act? --> No one can predict. Depends on how Bush era tax cut bill goes through. Dems has added few provision to please Republicans so they are improving chances.
What are the chances of including our provisions in the bill? --> At this point Republicans want enforcement. They may not bargain for legal immigration in this bill. Rather they may prefer to add some tough rule for dreamers.
What happens if the bill passes without our provisions? ---> We will still have a chance to have our bill as piecemeal or just sit and watch
What happens if the bill fails? --> I hope they get it done, Dreamers are more enthusiastic than us and unless they get it these lawmakers will not think about us. Also they can set example that piecemeal is possible.
WHAT ARE OUR CHANCES IN 2011? --> As I said if dreamer can get their bill done, and CHC doesn't hold any piecemeal in future chances are there. but I doubt CHC will allow any legal immigration bill until Dems are in power of either of house.
See reply in red
What are the chances of including our provisions in the bill? --> At this point Republicans want enforcement. They may not bargain for legal immigration in this bill. Rather they may prefer to add some tough rule for dreamers.
What happens if the bill passes without our provisions? ---> We will still have a chance to have our bill as piecemeal or just sit and watch
What happens if the bill fails? --> I hope they get it done, Dreamers are more enthusiastic than us and unless they get it these lawmakers will not think about us. Also they can set example that piecemeal is possible.
WHAT ARE OUR CHANCES IN 2011? --> As I said if dreamer can get their bill done, and CHC doesn't hold any piecemeal in future chances are there. but I doubt CHC will allow any legal immigration bill until Dems are in power of either of house.
See reply in red
more...
makeup +and+white+sad+smiley+face
chantu
02-04 11:20 AM
Yes, I invited my parents and my wife invited her parents while we are in AOS status. Currently I am on AOS/H1B and my wife works on EAD. For her parents, we showed my wife as sponsor in I134. Both my parents and my wife's parents got the visa. They went separately.
Folks,
I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.
So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.
Path 2 USA do not mention anything special for EADs/AOS et al....
Thanks,
SoP
Folks,
I'd like to know if any of you invited your parents while on AOS. Last time I invited my in-laws I had H1-B et al....now we are on AOS and my wife is sponsoring her parents. We are on AOS. I do not have a job currently so I can't get an EVL and my wife has and she is inviting and the I-134 is also from her...we have EADs valid till late 2010....she had her F1 valid till Oct 2009 but she is working on dependent EAD.
So do you think there could be any potential problem.....Last time I had sponsored my in-laws but they were questioned a lot at the embassy....so now my wife will be sponsoring ...I hope there are no potential problems.
Path 2 USA do not mention anything special for EADs/AOS et al....
Thanks,
SoP
girlfriend lack and white smiley face. lack and white smiley face. Black or White;
GCBy3000
07-26 12:18 PM
Only talk and no action. I thought lots of immigrants and IV members are there in TEXAS. Where are those guys?
hairstyles lack and white smiley face. lack and white smiley face. The lack and white
eron19
10-19 05:07 AM
You're going to destroy us all! Giving people a program that makes web designing a lot easier is bad news for us web designers.
no that just keeps us on our toes :hugegrin:
no that just keeps us on our toes :hugegrin:
questions
06-10 10:45 AM
Thanks Kothuri.
I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o
My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?
I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o
My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?
ssksubash
11-13 04:04 PM
You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Post a Comment