Sunday, June 19, 2011

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  • NJpatel
    08-04 04:11 PM
    In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.



    My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.

    Thanks again to all your responses.




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  • Eberth
    10-21 06:26 PM
    yeah!!
    how can i do the poofiness??




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  • milind70
    09-16 02:16 PM
    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas

    Well if you have used EAD to join the new employer you have no other option but use valid AP for reentry, if you have used H1 transfer and if you plan to get the H1 stamping (if the passport H1 stamp is expired) then you enter normally,
    if you already have a valid stamping in passport make sure you show the latest I 797 showing the latest employer whom you are currently working so the IO enters the correct employer details.

    This travel will not have any impact as long as you have AP and the new employer is supporting you GC process( i meant was providing documents as requested by USCIS if any)




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  • amitjoey
    06-14 02:26 PM
    I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.

    Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.



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  • another one
    08-10 05:00 PM
    and.... my Mustang can fly if i put it in the reverse gear

    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)




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  • lacrossegc
    06-25 01:19 PM
    IMHO The problem will arise with USCIS only if the employer does not pay AT ALL ... delayed/irregular payments (as long as they meet the proffered wage on the LCA) should be fine. Not paying at all will be a serious breach of contract and the employers will be in serious trouble for doing that ....



    What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.

    Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.

    I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.



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  • pmpforgc
    02-08 01:06 PM
    Do you have any tentative dates for travelling ?? How flexible the dates are ??

    BTW - i am not an travel agent nor related to any travel agency

    I am going on 05/24 and coming back 07/16 . going may delayed by day or two if needed but comign date I want to stick to.




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  • ajju
    02-24 09:00 PM
    http://www.irs.gov/taxpros/article/0,,id=165705,00.html

    This is what i found on the irs website - still havent decided whether to e-file or paper file

    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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  • kumar2203
    05-23 08:41 PM
    Hello,

    I have one question about dependent I-485.. I filed I-485 to Texas Service Center under EB-3 in 2007, Applied EB-2 140 to Nebraska Service Center under EB2, ported priority date. Now I have to add dependent 485 appication, which service center I have to send ?

    thanks for your help !!




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  • gc_chahiye
    02-17 09:43 PM
    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.

    you can get back to H1 status, it might involve:
    - filing a H1 petition (you wont be counted agianst hte quota)
    - leaving US and coming back in, to "Activate" the h1.



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  • tnite
    08-03 10:36 PM
    See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.

    So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.


    So assuming the application was received on 07/01/2007 then 14 days is 07/15 as we know that except for few no one else has received the receipts




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  • chanduv23
    11-14 08:36 PM
    I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(

    In a recent bollywood movie (Om Shanti Om) is this popular dialog "If you want something and you make sincere efforts and have the confidence and are persistently trying with a open heart, the whole world will do what it takes to make sure you get what you want, and if you have not yet got what you want then the show is not yet over, it continues " :) :) :)


    You very much belong to the US. Try to understand the politics. This is a democracy and everything goes through legislative and administrative processes.

    If there is some place you can do to help yourself, it can be possible in the US only. Politicians listen to us and definitely do something.

    So think positive and start participating in grass roots efforts



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  • ashutrip
    06-04 11:19 AM
    The one you are seeing is being replaced one section at a time..So I assume its incomplete.
    when is the voting on this bill?




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  • Phaedra
    05-30 11:28 PM
    Thanks a lot, Raysaikat.
    I appreciate the response.Here are a few of my immidiate thoughts....

    1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
    This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.

    2)How does USCIS actually track who is employed and who is not?

    3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?

    4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?

    Any thoughts/opinions wouldbe most appreciated.
    Thanks!



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  • immigrationvoice1
    03-11 03:39 PM
    My Vote for this thread in the "Entertainment Category" This is the most entertaining thread for the day!

    No offense to the original poster. Though he probably did not get the answers that he was looking for, but managed to entertain us!! Singhsa3's response was hilarious!!:D




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  • pjalan
    03-31 04:45 PM
    Hi All Gurus:

    I am changing my employer with pending I-140 and I-485 both > 180 days.

    RD: 07/23
    ND: 09/13
    EB2/TSC
    PD:12/04

    I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.

    Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.

    if RFE goes unresponded is MTR the only option left??

    Thanks in anticipation.



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  • neerajkandhari
    06-07 03:47 PM
    I have mailed the Rfe reply they received it on June 5

    I have seen LUD today sunday June 7




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  • chanlal
    07-31 04:32 AM
    Hi My name is Chamraj from India, obtained a h1b from a new jersy based company in Dec 2007. I have signed the agreement of Employment i.e part of my offer letter before appearing for my visa interview.

    Infact they had given two offer letters. 1. offer letter with no agrrement of employment after shortlisting me for processing h1b.

    2, Offer letter with agreement of employment just before going to us consulate for stamping.

    I was asked to give a indian bank guarantee of 100 thousand INR, so i have given them a BG of 100 thousand INR. During last 30 months i was asked to renew my BG twice and i did the same and gave them the renewed copies. But they never bothered to send me to us on h1b.

    BG got expired on last month and now they want me to travel to US immdly.
    If i do not travel they were asking me to pay 4000 USD as the expenses incurred to process my h1b visa. They also want to take legal action against me.

    I have waited for 2,5 years waiting for them to send me to us. they did not send me during last 2.5 years,

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.


    I am still in India and i was not paid single penny by the company so far. I waited for more than 18 months and now already 30 months over.

    Pls advice how i can face his legal action. Can he take a legal against me when i am india where the offer is subject to laws of New Jersy state laws.

    Thanks




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  • jonty_11
    09-25 12:01 PM
    Good find - shows the plight of legal immigrants.

    A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".

    On the whole it shows the reality of legal immigration and its waiting times.
    Interesting one..but folks in washington will continue taking us for granted....unless we show them serious intent...

    Hell, ALl they care abt is big corporations...even ahead of their own citizens...Wall St over Main St...
    Bailout plan to be approved soon.......We areno where in the picture....even lawmakers know the realiy of this article...but its all about "show me the money"




    alterego
    02-12 01:13 PM
    All the money you are sending to India, the Indian Gov't/Bank turns around and keeps right here in the good old USA. India now has over 300 billion of such green backs. Every country is doing the same. This is the reason that allows the US to remain financially robust. If this system does not maintain, and after the current shocks it is very much threatened in my view, then all will be gone, the almighty dollar we work for just might not be worth all the bother.




    morchu
    05-10 09:41 PM
    Maybe somebody else from here can answer from their experience. But here is what I know from my readings in USCIS press releases related to the infamous July Fiasco.

    1.
    On July 23rd USCIS published a QA and it specifically addresses the issue regarding Fee.
    ==========================
    Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
    A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
    ==========================
    You have to keep on paying the fees for i765.

    2.
    What is the confusion here? Do as what the instruction says. It is pretty elaborate.
    Copy of your respective passport pages.
    I think there was some wiki's somewhere listing the documents to send for EAD.

    3. Do as the instruction says.

    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.



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