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cnag
03-24 03:07 PM
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Refugee_New, I consider this the mother of all jokes. After a long time, I had a good hearty laugh reading your post. Thanks buddy!!!
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Refugee_New, I consider this the mother of all jokes. After a long time, I had a good hearty laugh reading your post. Thanks buddy!!!
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ImmiLosers
09-25 05:22 PM
Dear Guru's
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
I filed last year with 2 I-140's wherein 1st was current and second was not. They accepted it.
I think you can still ask them even after 09/30. You may want to keep record of your dispatches.
BTW, it (filing with 2 I-140) is not a good idea as you may need to keep reminding them.
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
I filed last year with 2 I-140's wherein 1st was current and second was not. They accepted it.
I think you can still ask them even after 09/30. You may want to keep record of your dispatches.
BTW, it (filing with 2 I-140) is not a good idea as you may need to keep reminding them.
GreenCardLegion
03-25 06:36 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
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purplehazea
05-11 12:50 PM
800 989 TALK - I confirmed it
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rajpatelemail
12-09 01:32 AM
I second that...
Red dots will not matter (even 100000000 reds do not pull hair), butthat filthy language hurts.
If real person who commented it is visible, then it shd be ok, so that we can deal with that fella.
When sush a system is in place, people may not leave filthy comments i guess.
Anonymous nature of this dotting business leading to the real culture/pshyco attitiude of those dotmongers.
Red dots will not matter (even 100000000 reds do not pull hair), butthat filthy language hurts.
If real person who commented it is visible, then it shd be ok, so that we can deal with that fella.
When sush a system is in place, people may not leave filthy comments i guess.
Anonymous nature of this dotting business leading to the real culture/pshyco attitiude of those dotmongers.
rkotamurthy
10-01 11:37 AM
bump ^^^^
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looivy
02-22 02:37 PM
Hi,
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.
I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.
I am looking for legal expertise here.
Thanks.
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milind70
10-31 08:45 AM
Should address on Drivers license and Address that we provide for USCIS should it match ?
I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?
If it is in the same state I think you are fine, I went for FP rececntly and I had a DL which had my three year old address( though i did change online on DMV website and they send me a paper card satting my new adress) as for a new card they charged some money so i never changed it.It is 3 years since i have moved to my current address. I was not even asked anything at FP.
I am a consultant hence i have given a friends address who own a home so that i dont need to change it often. Now i live in a different state (ofcourse temporarily) and since its USCIS i gave this address for any correspondence to USCIS. Now in future if i apply for any new forms many people have mentioned sending Drivers License but if i sent it it has a different address on it. is copy of drivers license mandatory? how does it work ?
If it is in the same state I think you are fine, I went for FP rececntly and I had a DL which had my three year old address( though i did change online on DMV website and they send me a paper card satting my new adress) as for a new card they charged some money so i never changed it.It is 3 years since i have moved to my current address. I was not even asked anything at FP.
more...
karthkc
05-24 12:38 PM
You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
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cal97
08-16 12:51 PM
The original post was from 2006, ignore it. Thanks for the detailed information
[QUOTE=gene77;147991]I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.
[QUOTE=gene77;147991]I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.
more...
bidhanc
03-07 12:02 PM
As far as I know, You can surely send it with a copy of the 485 receipt anytime. I think, there is no way to know if they combine it with the application or not unless they send an acknowledgement.
Hmm...thanks....
I am sure there must be more folks like me out there.
Has anyone done this successfully?
Did they get any knid of acknowledgement?
Hmm...thanks....
I am sure there must be more folks like me out there.
Has anyone done this successfully?
Did they get any knid of acknowledgement?
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Suva
03-03 11:06 AM
What is AGI?
Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...
So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...
Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...
So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...
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geesee
04-13 12:18 PM
I recently closed my Simple IRA (small version of 401K) account and requested the checks (they give seperate check for each fund) for myself. Generally there is a 60 days window to move those funds to a new IRA account in order to avoid 10% penalty and taxes. I have setup an IRA account with TDAmeritrade and planning to manage the funds on my own.
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rahulpatel
08-14 04:35 PM
Please note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.
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ras
05-24 12:12 PM
Please go through this (http://www.immigration-information.com/forums/showthread.php?t=5192)and reanalyze if you really want to go to H1 from EAD ....
The reason we want to maintain is to get the spouse to USA on H4. I am not sure if there is other ways of bringing the spouse to USA while on EAD/AOS
Is this not a good reason to be on H1?
The link really doesn't say anything about this situation.
The reason we want to maintain is to get the spouse to USA on H4. I am not sure if there is other ways of bringing the spouse to USA while on EAD/AOS
Is this not a good reason to be on H1?
The link really doesn't say anything about this situation.
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11-10 10:02 AM
Couple of polls have been started in the entrepreneurship group. Please follow the below link to participate
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logiclife
08-02 02:19 PM
If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
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dpp
08-02 12:56 PM
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sendmailtojk
03-05 06:27 PM
1. You said you entered US in 12/06 with PP expiring 5/07......if PP has an expiry date of <180 days, the Immigration guy in India normally should not allow you to board the flight.
2. The last issued I-94 is the valid I-94.
3. Your logical option would be to talk to an Immigration Officer in your local USCIS office and do whatever he/she suggests. There are a couple of posts which talk about potential solutions, please research them.
Cheers and Good luck.
2. The last issued I-94 is the valid I-94.
3. Your logical option would be to talk to an Immigration Officer in your local USCIS office and do whatever he/she suggests. There are a couple of posts which talk about potential solutions, please research them.
Cheers and Good luck.
mnq1979
10-23 05:07 PM
I thought if you were a first time H1-B filer, you need to go to your country of origin for stamping...correct me if I am wrong.
hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?
hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?
gcdreamer05
09-01 09:37 AM
hi sharadara,
Try to talk to someone in spain consultate or someone who knows spain visa rules.
For example a person on h4 visa in US cannot work, so it depends on what visa type you are going to be going for in Spain and does that visa type allow you to work.
If it allows you to work, then you can do telecommute and work and make money.
So the country of residence and your visa type dictates the same.
This forum has lot of folks who work in US/Canada, but not many from spain, i would try googling for some other forums or contact the spain consulate for help.
Thanks
Dreamer05
Try to talk to someone in spain consultate or someone who knows spain visa rules.
For example a person on h4 visa in US cannot work, so it depends on what visa type you are going to be going for in Spain and does that visa type allow you to work.
If it allows you to work, then you can do telecommute and work and make money.
So the country of residence and your visa type dictates the same.
This forum has lot of folks who work in US/Canada, but not many from spain, i would try googling for some other forums or contact the spain consulate for help.
Thanks
Dreamer05
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