imneedy
05-06 03:04 PM
They sent me a letter earlier asking for money to do the FOIA and asking for definition of Priority dates. I replied to that letter and recently I got response saying they have received my response and have all the answers for my FOIA request ( I believe they won't do anything unless they get money from me)
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voldemar
06-23 09:43 AM
I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved.
For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.
if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?Yes, you can continue to file and use AD and AP while dates retrogressed.
For AP it doesn't matter approved I-140 or not. For EAD it's safer not to use it till I-140 approval. I would apply for it and hold just in case. Also your spouse can use EAD without I-140 approval, she/he can switch back to H4 if 140 is denied. I's critical for main applicant to maintain H1/L1 status.
if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file EAD and AP even though the priority dates are not current and our I-485 is pending?Yes, you can continue to file and use AD and AP while dates retrogressed.
arihant
04-27 09:59 AM
Good find, Sat0207.
Where did you get the information?
Where did you get the information?
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desi3933
01-31 06:00 PM
desi3933,
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:
From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
There is nothing like out of status thing from the time we apply for 485.
But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.
My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
Will the W2 be sufficient or do we have to show our monthly pay stubs.
You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?
I would highly appreciate response.Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
go_gc_way
12-29 11:23 AM
good question - I do not visit the website often. I remembered the website out of the blue only yesterday. After about 1 1/2 year I visited that website yesterday. So it was out of my mind.
Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).
Thanks WillBLucky, I appreciate your willingness to do something but can't because of your other obligations.
I know, though all you folks want to do something, you are stuck with obligations.
BUT IN THE END IF EVERY ONE OF YOU CAN PULL OF THAT 15 MINUTES (which is for your green card), IT WORK MAGICS. BUT FOR IT TO WORK MAGICS, ALL NEED POST THEM VERY VERY VERY SOON.
If IV core team is working , dedicated, I am sure you all can spend 15 minutes. SEND YOUR GIFT TO IV and let us know on this thread, when you sent it, Thanks Friends :)
Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).
Thanks WillBLucky, I appreciate your willingness to do something but can't because of your other obligations.
I know, though all you folks want to do something, you are stuck with obligations.
BUT IN THE END IF EVERY ONE OF YOU CAN PULL OF THAT 15 MINUTES (which is for your green card), IT WORK MAGICS. BUT FOR IT TO WORK MAGICS, ALL NEED POST THEM VERY VERY VERY SOON.
If IV core team is working , dedicated, I am sure you all can spend 15 minutes. SEND YOUR GIFT TO IV and let us know on this thread, when you sent it, Thanks Friends :)
chanduv23
09-19 02:19 PM
Do you guys think this is good time to stop consulting and joining a full time job(even though it pays less), if we can find one.
If your 485 has been filed and it is past 180 days - then fulltime job in wall street is safe otherwise you are better of with your consulting company
If your 485 has been filed and it is past 180 days - then fulltime job in wall street is safe otherwise you are better of with your consulting company
more...
chanduv23
11-22 10:47 PM
[QUOTE=ImmiLosers]Document URL
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
This is clear. Unless the 140 was found to be fradulant or misrtepresentation, the PD is transferable. Am I not right ????
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
PAGE 27
(1) Determining the Priority Date.
unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
This is clear. Unless the 140 was found to be fradulant or misrtepresentation, the PD is transferable. Am I not right ????
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thirdworldman
02-17 10:20 PM
I've never used it, but Blender 3d is free, and from what I've seen, there's a pretty nice set of tools there...blender3d.com
more...
Eternal_Hope
03-09 10:55 PM
Sri, I appreciate your enthusiasm and spirits. in my view, unless something comes from the IV core ..nothing will happen. people in this forum are too diverse and independent and hence they need strong leadership. and for some reason (we can only speculate),, all that we have from the core is silence
I partially agree with both you and Sri - while it is true that I have not (recently) written to the lawmakers, and more often than not I vent my frustration here - especially each time the visa bulletin appears and then tend to go on with my life, I have in the past written, telephoned, faxed to lawmakers. Over the past 2 years I have seen bills come and go. I am at a stage now where I have almost resigned to the fact that maybe there is not much that we can do - especially given the low level of participation from members here at IV.
I also feel that it is time younger members (freshers blood) takes on leadership roles here. IV is a forum which provides the opportunity for enthusiastic people to just go ahead and organize any drive they feel will work. IV leadership will not object, as long as the drive is tasteful and is within all parameters of decency.
As for older and tired people like us.... we will gladly follow the leaders and assist in any way possible.
I partially agree with both you and Sri - while it is true that I have not (recently) written to the lawmakers, and more often than not I vent my frustration here - especially each time the visa bulletin appears and then tend to go on with my life, I have in the past written, telephoned, faxed to lawmakers. Over the past 2 years I have seen bills come and go. I am at a stage now where I have almost resigned to the fact that maybe there is not much that we can do - especially given the low level of participation from members here at IV.
I also feel that it is time younger members (freshers blood) takes on leadership roles here. IV is a forum which provides the opportunity for enthusiastic people to just go ahead and organize any drive they feel will work. IV leadership will not object, as long as the drive is tasteful and is within all parameters of decency.
As for older and tired people like us.... we will gladly follow the leaders and assist in any way possible.
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3d Nirvana
02-27 09:39 PM
nice BLUE! That was exactly the site I was looking for. :)
more...
gc28262
03-11 07:49 AM
For me, I am like everyone else on the forum. I want my GC now :D
The point I am making is we are all enthusiastic members willing to do whatever is needed to achieve our goals. However if our actions cause more hardship for us, I am against it.
We need to pursue our interests at the right time. IV core has counsel to advise them regarding strategy and timing. We should make use of that resources for deciding the right timing.
I believe whoever opposes immigration in this country are racists. This country being made up of immigrants, nobody has the moral right to oppose immigration. unfortunately we have a populist, immature president in the office. Anti-immigrants are taking advantage of that. Mr Change is interested in millions of prospective votes from illegal immigrants only. Despite being Harvard educated, he doesn't have any sympathy for us.
The point I am making is we are all enthusiastic members willing to do whatever is needed to achieve our goals. However if our actions cause more hardship for us, I am against it.
We need to pursue our interests at the right time. IV core has counsel to advise them regarding strategy and timing. We should make use of that resources for deciding the right timing.
I believe whoever opposes immigration in this country are racists. This country being made up of immigrants, nobody has the moral right to oppose immigration. unfortunately we have a populist, immature president in the office. Anti-immigrants are taking advantage of that. Mr Change is interested in millions of prospective votes from illegal immigrants only. Despite being Harvard educated, he doesn't have any sympathy for us.
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Ramba
07-04 09:15 PM
Rambha:
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
It is a really a good question. Unfortualtly no one going to pay back money, time. It is just a poor customer service. These are all the burdens we need to go thro, as a immigrants. We do not have much rights in a foreign land. I know, some guys sued INS for delaying 485 approval in early 2000. INS took more than 2 years to process 485 even it was not affercted by etrogression (entire 2 year PD was current). The law suit is not favorable to us.
First hats off to you to source information and then put it on this forum.
However, how will this mistake be rectified?
What happens to us who have spend so much money on preparations?
Among these 700K or so applicants, iam not sure how many have to leave the country because of various reasons before there PDs become current again in near future.
In that case, who should reimburse the costs? If this was a case of poor customer service, then they should also follow this age old saying in business community "Customer is always right" and promptly refund the expenses incurred.
I am for requesting the congress for a special vehicle for july filers. There should be a way out for all the affected applicants no matter what their PD was.
In matter of 2 weeks, the billion dollar mistake have costed us dearly in lot many other ways.
It is a really a good question. Unfortualtly no one going to pay back money, time. It is just a poor customer service. These are all the burdens we need to go thro, as a immigrants. We do not have much rights in a foreign land. I know, some guys sued INS for delaying 485 approval in early 2000. INS took more than 2 years to process 485 even it was not affercted by etrogression (entire 2 year PD was current). The law suit is not favorable to us.
more...
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bodhi_tree
06-06 02:40 PM
My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.
===========
Was your I485 Approval from Neb or Texas ?
===========
Was your I485 Approval from Neb or Texas ?
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Maverick1
07-29 01:12 PM
i guess now i know why EB3 I is being ignored, is is a VERY VERY VERY INDIA specific issue ? :p
:D:D
:D:D
more...
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desi3933
01-30 09:07 PM
.....
....
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
.....
.....
Before I answer your questions, I have couple of them -
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
....
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
.....
.....
Before I answer your questions, I have couple of them -
Will she get paid starting Feb 1st? If no, why not. Please explain.
Will she on unpaid leave?
Will she still be Full Time Employee?
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kakatiya
07-23 08:10 PM
my lawyer said for concurrent filings a separate letter from employer is not needed.i am filing with one letter for I 140.
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Macaca
09-26 11:46 AM
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!
The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!
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kavita
12-11 04:02 PM
Kumar,
I am sorry if my choice of words hurt you in any way.
I am a physician and I know there is shortage of physicians in US. At my place, we are looking for new candidates all the time. I am sure my employer realises the importance of a number of Indian physicians who have filled their advertised positions time and again, thanks to education system in India and a population big enough to be able to send some to US.
It will be different if US lawmakers start to blame Indian or China for huge populations, and I doubt they will ever do. If they do, only then I will think of going back. Just because they bailed out bank or now automakers, does not mean that what is going on with legal immigrants is justified.
I feel the major philosophy of immigration voice is to remove discrimination based on country of origin. So lets stick to that and try to make our case to the lawmakers.
Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
I am sorry if my choice of words hurt you in any way.
I am a physician and I know there is shortage of physicians in US. At my place, we are looking for new candidates all the time. I am sure my employer realises the importance of a number of Indian physicians who have filled their advertised positions time and again, thanks to education system in India and a population big enough to be able to send some to US.
It will be different if US lawmakers start to blame Indian or China for huge populations, and I doubt they will ever do. If they do, only then I will think of going back. Just because they bailed out bank or now automakers, does not mean that what is going on with legal immigrants is justified.
I feel the major philosophy of immigration voice is to remove discrimination based on country of origin. So lets stick to that and try to make our case to the lawmakers.
Kavita - I absolutely disagree with you. All of us (people on L-1, F-1, J-1, H1, B1, K1 and their derivatives....) went to US consulate to request for VISA. US consulate never came to your door with a VISA. Yes, it is your privilege to file GC but it is not your right. You can shower yourself with tags like "highly skilled" and what not but truth is, if we are so highly skilled then why are we having so many issues with Green Card? Why no one in this country is listening to us? They listened to bank's issues and came up with 750 Billion dollars in 2 flipping weeks. They have almost granted 15 Billion to auto industry. Meanwhile, we, self proclaimed highly skilled are fighting to have driver's license in DMV offices. And above all, when someone on H1 and L1 gets laid off, what is the problem in packing up the bag and going back to home country? It is us...you and me, who love to live in this country, we fight tooth and nail to live here, somehow, anyhow, at any cost!
The way I look at it, we are here because this country provides us a very good quality of life and we see bright future for our family. After 5-10 years, we get so used to America that it hurts to even think that we are still on a temporary VISA.
Please attack my thought, do not attack me or my self esteem!
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gc_kaavaali
12-21 09:22 PM
I-94 is not attached with H1...does he needs to go out of country and get it stamped?
AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.
AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.
yabadaba
09-10 12:10 PM
So are you coming then?
Thanks.
yes
Thanks.
yes
eb3retro
06-10 01:54 PM
may be they r special..
:D:D:D:D
You did not submit because it was ok for you. I know people who got RFE asking for employment proof.
:D:D:D:D
You did not submit because it was ok for you. I know people who got RFE asking for employment proof.
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