mambarg
07-20 01:53 PM
The only reason I see the lawyer not applying with enotice, could be he was very busy.
Even my attorney did not file concurrently on 28th as it was last day for PP of 140 and her office was extermely busy applying PP on 28th.
I then walked on 29th and signed all 485 , and she said she will wait for receipt notice and then apply and then July2nd showed up and this fiasco.
Once I got e-notice of approval for 140 by email, I called up the attorney and she filed 485 one day before the announcement of July17th.
At that time she did not have Hardcopy of either receipt notice nor approval notice. So she filed with e-notice of approval.
Next day we got hard copy of approval notice. The receipt notice is yet to arrive in mail.
I hope this is ok. Otherwise 140 receipt notice is a initial evidence and app could get rejected and returned.
But it should return by Aug 17th . So still there is some time to act.
If I dont get receipt notice of 485 by aug 16th, I plan to apply duplicate 485 and say in cover letter that this is because of so and so.
Sad that 485 receipt is not emailed ? like 140 e-notice.
Even my attorney did not file concurrently on 28th as it was last day for PP of 140 and her office was extermely busy applying PP on 28th.
I then walked on 29th and signed all 485 , and she said she will wait for receipt notice and then apply and then July2nd showed up and this fiasco.
Once I got e-notice of approval for 140 by email, I called up the attorney and she filed 485 one day before the announcement of July17th.
At that time she did not have Hardcopy of either receipt notice nor approval notice. So she filed with e-notice of approval.
Next day we got hard copy of approval notice. The receipt notice is yet to arrive in mail.
I hope this is ok. Otherwise 140 receipt notice is a initial evidence and app could get rejected and returned.
But it should return by Aug 17th . So still there is some time to act.
If I dont get receipt notice of 485 by aug 16th, I plan to apply duplicate 485 and say in cover letter that this is because of so and so.
Sad that 485 receipt is not emailed ? like 140 e-notice.
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saxx
01-26 05:05 AM
Perlin circles man, that's great.
mzafar125
08-16 04:47 PM
Howdy fellow Aliens,
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.
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SFSweta
08-27 01:40 PM
You may! Because your priority date is based on your PERM/Labor...and that still holds valid.
more...
waitin_toolong
04-18 10:14 PM
Greg Siskind on Immigration Law and Policy: WHAT TO DO IF THE ICELAND VOLCANO IS DELAYING YOUR DEPARTURE (http://blogs.ilw.com/gregsiskind/2010/04/what-to-do-if-the-iceland-volcano-is-delaying-your-departure.html)
cs.0
02-13 06:32 AM
hi.
http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP
I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.
thanks,
http://www.immigrationlawgroup.net - IMMIGRATION LAW GROUP LLP
I am dealing with the above attorney group from past 6 years. They r very good and they take very decent fees.
thanks,
more...
xela
11-20 09:10 AM
[QUOTE=PavanV;1128388] That said, i believe charity begins at home, one must take care of its own kith and kin before extending arms to others.
Now here is what you first said in your post before you edited it, this is what I got in my email:
" Being emotional is OK, but one must be pragmatic. If one wants communism please head to China. "
So you send me to China just because you did not like what I said.
Now how do you think the Chinese here feel about your oh so nice comment.
Really all I was trying to say is by talking the way he did above we dont make things better we just make it worse.
And guess what you saying charity begins at home, well then how can you blame the Americans that do that for being racist (oh lets not forget only against Indians because you are the only ones here from a foreign country)
,...they are not seeing it as that, they are just doing what you said putting themselves first and forgetting about the fact that a lot of us have been here for a long time built lifes had kids and that it is hardly fair to send us "home" now. Or about that some of us would open companies. Someone in need for food for their family does not think clearly they are emotional and scared!
Talk to them and about them with compassion and you might just turn the way they think. I have done so many times.
I am not saying what they do is right, but what you 2 said here isnt the way to go either in my opinion, you can go ahead and crucify me for it, thats fine. But I rather say what I think than sit there and be silent.
And in the end my message was mostly about the "it s all always against Indians" theme that seems to be so prominent lately....Do you really think you are the only ones and the rest of us doesnt count....well thanks for that.
Now here is what you first said in your post before you edited it, this is what I got in my email:
" Being emotional is OK, but one must be pragmatic. If one wants communism please head to China. "
So you send me to China just because you did not like what I said.
Now how do you think the Chinese here feel about your oh so nice comment.
Really all I was trying to say is by talking the way he did above we dont make things better we just make it worse.
And guess what you saying charity begins at home, well then how can you blame the Americans that do that for being racist (oh lets not forget only against Indians because you are the only ones here from a foreign country)
,...they are not seeing it as that, they are just doing what you said putting themselves first and forgetting about the fact that a lot of us have been here for a long time built lifes had kids and that it is hardly fair to send us "home" now. Or about that some of us would open companies. Someone in need for food for their family does not think clearly they are emotional and scared!
Talk to them and about them with compassion and you might just turn the way they think. I have done so many times.
I am not saying what they do is right, but what you 2 said here isnt the way to go either in my opinion, you can go ahead and crucify me for it, thats fine. But I rather say what I think than sit there and be silent.
And in the end my message was mostly about the "it s all always against Indians" theme that seems to be so prominent lately....Do you really think you are the only ones and the rest of us doesnt count....well thanks for that.
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drirshad
11-14 03:01 AM
You need exp letter before filing 140 or 485 so don't worry anymore, checkout the following website get your salary you deserve a lot more than he owes ......
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
more...
paskal
10-22 08:58 PM
a few hours of your time would be invaluable!
make it a family thing- take the time to enjoy yourself too.
but please do help out. needhelp! has put a lot of effort into
this initiative and good will certainly come from it. now your
help is needed. come on folks- a couple of hours? surely that
is not too much to ask for........
make it a family thing- take the time to enjoy yourself too.
but please do help out. needhelp! has put a lot of effort into
this initiative and good will certainly come from it. now your
help is needed. come on folks- a couple of hours? surely that
is not too much to ask for........
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StukAtBEC
08-11 09:22 AM
If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?
Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.
Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.
more...
bfadlia
07-19 02:20 PM
my wife is pregnant and we told the civil surgeon she tested +ve in the TB test two years ago. He decided he'll indicate that in his report and he won't ask her to do the TB test, x-rays and some vaccinations, said we can do them after she gives birth and USCIS will have no problem with that.
Is he being optimistic / interpretting rules loosely?
Thanks.
Is he being optimistic / interpretting rules loosely?
Thanks.
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bkn96
02-18 12:43 PM
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
Took around 10 weeks. MTR sent on 11/28/08, Letter recd on 02/6/09 at my attorney's office.
Took around 10 weeks. MTR sent on 11/28/08, Letter recd on 02/6/09 at my attorney's office.
more...
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dakajo
09-05 09:05 AM
Same here: Filed AP on August 1st and got the receipt on the 25th, but have yet to receive the I-485/EAD receipts, which were filed on July 6. What can we do?
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stldude
07-09 08:09 AM
Mine was went on June 28th and reached them on July 02 8:44 am. My lawyer could hv. sent it by next day and it wud hv. reached them on Jun 29th.. hmmmm...
more...
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jingi1234
08-19 05:58 PM
Di you submit all F1, H1, EAD documents to the USCIS with your original I0485 submission? Did you send any W2 forms?
Didn't submit anything related to F1 (Only grad certificate). I did submit paystubs + W2's...
Don't know what triggered USCIS for these RFEs..
Didn't submit anything related to F1 (Only grad certificate). I did submit paystubs + W2's...
Don't know what triggered USCIS for these RFEs..
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chanduv23
02-14 03:58 PM
We want widespread support from all Physicians.
If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.
Please spread the message and get your organizations to participate actively in this campaign.
Please post you pledge for support on this thread
If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.
Please spread the message and get your organizations to participate actively in this campaign.
Please post you pledge for support on this thread
more...
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Hermione
10-02 12:45 PM
According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.
Again this is only my opinion. I might be wrong.:)
What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).
The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.
Again this is only my opinion. I might be wrong.:)
What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).
The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.
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pappu
04-30 11:32 AM
Please be careful what you post on the forums.
Immigrationvoice strongly opposes anything that violates the laws of the country. I deleted one of the posts on this thread. Our forums are visited by all kinds of people. We even had lawmaker offices and reporters viewing our website. Senior members are requested to be vigilant and report any post that harms the interest of the organization and community. Senior members should also immediately respond to any such posts so that the discussion is not continued further. Thanks.
Immigrationvoice strongly opposes anything that violates the laws of the country. I deleted one of the posts on this thread. Our forums are visited by all kinds of people. We even had lawmaker offices and reporters viewing our website. Senior members are requested to be vigilant and report any post that harms the interest of the organization and community. Senior members should also immediately respond to any such posts so that the discussion is not continued further. Thanks.
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raysaikat
08-22 02:48 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
GC109
06-22 02:54 AM
Labor process through PERM can take anywhere from 3 weeks to more than a year (after filing). Most time consuming part is (if you are just initaing the process with your employer) the pre-filing documentation.
If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.
You will need letters from all your previous employers, verifying the job discription
Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)
After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)
After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)
Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.
And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck
Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?
If you have a masters or better, and your current job does not REQUIRE a Masters degree, then you might want to ask HR to change/tweak your job profile. If thats an option and they are willing to do it, might take some time, but in the longer run, you will be better off under EB2 than EB3.
You will need letters from all your previous employers, verifying the job discription
Once that is in hand, your company will have to post your job in a newspaper/internal company website/job board and also in a visible place in your company premises for a month (X + 30 days)
After that 30 day period, you wait for any responses for an addidtional 30 days (X+60 days)
After that, your company/HR/Lawyer would need some time to put everything together before filing (X + 70 days)
Bear in mind this is the best case scenario. I started the process in December mid...filed for Labor in 1st week of June.
On your second point (dates being current), Iam very doubtfull that by the time Iam ready to file for 140/485, the dates will be current.
And ofcourse, if this ain't too daunting, THE CIR might put a wrench in your best laid plans, There is a talk about May 15th being the deadline for this process, untill Oct-08 when the new point system comes into play...good luck
Thanks for your response. You have got your Labor approved but don't you think that u can file I140 and 485 concurrently by end of July? Where do think that ur filing is going to get delayed?
kum31
10-04 12:10 PM
Thanks for your response ...
contract is between prime vendor and middle vendor and my employer ... middle vendor made a contract with prime saying that i am on his W2 which is not right. prime vendor has a clause in their agreement that he can work with my employer directly if i am not a w2 of middle vendor.
so now middle vendor is saying that he will sue me along with my emplyer , prime vendor bcoz we surpassed him and created a new contract between my employer and prime vendor. I know it sounds ridiculous that middle vendor is trying to sue me but i want to make sure if there is any way he can stop me ? or sue me ?
Hope it is clear for you ....
contract is between prime vendor and middle vendor and my employer ... middle vendor made a contract with prime saying that i am on his W2 which is not right. prime vendor has a clause in their agreement that he can work with my employer directly if i am not a w2 of middle vendor.
so now middle vendor is saying that he will sue me along with my emplyer , prime vendor bcoz we surpassed him and created a new contract between my employer and prime vendor. I know it sounds ridiculous that middle vendor is trying to sue me but i want to make sure if there is any way he can stop me ? or sue me ?
Hope it is clear for you ....
