abhijitp
03-06 08:15 PM
Will scan and send on Monday.
Thanks for taking the initiative! Go IV!
Thanks for taking the initiative! Go IV!
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jsb
11-14 12:11 PM
Well, are you sure I would need to work for this "future employer" for 6 months?
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
venky08
07-27 02:52 PM
Related to the questions on this thread.
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
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mrajatish
05-25 08:47 AM
Called Sen. Bingaman, Chuck Hagel's office - talked nicely to staff and explained. Wife is also calling - let us do this, folks, do you want to wait another 12 years while your gardenere gets his/her greencard. Wake up or sleep forever.
more...
Circus123
01-09 03:43 PM
"I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."
EB3 quota is like a spoon of rice from a bag of basmati :))
EB3 quota is like a spoon of rice from a bag of basmati :))
Prashanthi
02-11 04:14 PM
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
more...
geesee
07-27 10:59 AM
By the way, added rep to you for a nice job!
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EkAurAaya
03-19 09:46 PM
I think you need to talk to the CPA for tax and not lawyer....
This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA
This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA
more...
cagedcactus
05-02 01:54 PM
I just received an email from my lawyer that my I 140 was denied.
The reason stated was my company is not able to prove the funds to support my salary.
I am on 5 year of H1-b. Exactly one year left.
I dont want to stay with same company if I have to file fresh in PERM. What are the best options available for me now?
If I transfer the H-1, do I have enough time to get approve in PERM and a new I 140 to file extension for three more years on H1-b?
please help....
The reason stated was my company is not able to prove the funds to support my salary.
I am on 5 year of H1-b. Exactly one year left.
I dont want to stay with same company if I have to file fresh in PERM. What are the best options available for me now?
If I transfer the H-1, do I have enough time to get approve in PERM and a new I 140 to file extension for three more years on H1-b?
please help....
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HV000
08-10 08:47 PM
Reforms To Visa Programs For Highly Skilled Workers.
IMPROVING EXISTING IMMIGRATION
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.
The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!
SEPTEMBER Rally would be ideal to raise these issues!
ISSUES THAT WE COULD RAISE DURING THE RALLY
1. Eliminate EB Backlog
2. Processing Timeline for I-485
3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
4. Uniform Processing Methodology across all USCIS Service Centers
5. Uniform Level of Customer Service across all USCIS Service Centers
6. Increase Coordination between USCIS and DOS
7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
8. More Transparency and flexibility in invoking AC21
9. Decrease the time to invoke AC21 from 6 months to atleast 3 months
IMPROVING EXISTING IMMIGRATION
22. The Administration Will Reform And Expedite Background Checks For Immigration. Current mechanisms for conducting immigration background checks are backed up, slowing processing times and endangering national security. The Administration is investing substantial new funds to address the backlog, and the FBI and USCIS are working together on a variety of projects designed to streamline existing processes so as to reduce waiting times without sacrificing security.
23. The President Is Directing The Department Of Homeland Security And The Social Security Administration To Study The Technical And Recordkeeping Reforms Necessary To Guarantee That Illegal Aliens Do Not Earn Credit In Our Social Security System For Illegal Work. Currently, aliens who make Social Security payments while working here legally can continue to accrue credits even if they overstay their visa. Improved data-sharing can lay the foundation for eventual Congressional action to eliminate this practice (which proved an obstacle to comprehensive reform). The relevant agencies are ordered to report to the President with a detailed plan for eliminating the problem.
The funny thing is ONLY now they are thinking about their JOB RESPONSIBILITIES which is to UPHOLD the Law!! However, they have not specified ANY TIMELINE for REFORM!!
SEPTEMBER Rally would be ideal to raise these issues!
ISSUES THAT WE COULD RAISE DURING THE RALLY
1. Eliminate EB Backlog
2. Processing Timeline for I-485
3. Faster processing of FBI Name Check(Questionable process according to USCIS OMBUDSMAN)
4. Uniform Processing Methodology across all USCIS Service Centers
5. Uniform Level of Customer Service across all USCIS Service Centers
6. Increase Coordination between USCIS and DOS
7. Allocation of ALL VISA Numbers by DOS at the beginning of fiscal year rather than a piece meal allocation during the first 3 quarters.
8. More Transparency and flexibility in invoking AC21
9. Decrease the time to invoke AC21 from 6 months to atleast 3 months
more...
LegalIndianInUSA
06-18 10:52 PM
yes it is the red colored number on the visa stamp
My visa stamp was issued in the US (revalidation locally), which they have now stopped.
The stamp says place of issue: "DEPARTMENT".
Is that sufficient to put on the 485 ?
My visa stamp was issued in the US (revalidation locally), which they have now stopped.
The stamp says place of issue: "DEPARTMENT".
Is that sufficient to put on the 485 ?
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deardar
07-13 08:13 AM
and marry a celebraty
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GCwaitforever
05-26 10:36 PM
Guy, we can send a small hand written card to our senators and to QGA(if we are thankful enough). Thi is what I'm going to do:cool:
Amen to that.
Amen to that.
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DSLStart
09-08 01:09 PM
Just tried, got connected after trying for 4/5 times. Automated response system sucks, its in different languages, but after pressing 1 (for English) still could not get the further menu.
Finally when the call got through the voice quality totally sucked. It is like how it used to be in 1990s with delay and static. Won't use again.
Finally when the call got through the voice quality totally sucked. It is like how it used to be in 1990s with delay and static. Won't use again.
more...
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nixstor
03-05 11:52 AM
http://www.regulations.gov/fdmspublic/component/main
Choose USCIS for the agency and click submit. That returns the proposed fee increase which is open for comments. I doubt it makes any difference but nothing to lose leaving a comment on the portal
Alternatives
You may submit comments, identified by DHS Docket No. USCIS- 2006-0044 by one of the following methods:
� Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
� E-mail: OSComments@dhs.gov. Include the docket number in the subject line of the message.
� Facsimile: Federal eRulemaking portal at 866-466-5370.
� Mail: Director, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2006-0044 on your correspondence. This mailing address may also be used for paper, disk, or CD-ROM submissions.
� Hand Delivery/Courier: Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number (202) 272-8377.
Choose USCIS for the agency and click submit. That returns the proposed fee increase which is open for comments. I doubt it makes any difference but nothing to lose leaving a comment on the portal
Alternatives
You may submit comments, identified by DHS Docket No. USCIS- 2006-0044 by one of the following methods:
� Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
� E-mail: OSComments@dhs.gov. Include the docket number in the subject line of the message.
� Facsimile: Federal eRulemaking portal at 866-466-5370.
� Mail: Director, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2006-0044 on your correspondence. This mailing address may also be used for paper, disk, or CD-ROM submissions.
� Hand Delivery/Courier: Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number (202) 272-8377.
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qplearn
12-20 08:45 PM
Undocumented amount 33% taken out from monthly compensation then pay roll tax withhold amount went to federal, state tax, social tax and Medicare.
My point is how can employer deduct tax with is not shown on pay slip.
What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.
I am sorry to hear this, and I hope your friend is able to get out of the mess. I have heard of something similar, although the logistics were slightly different in that case, from a friend. Unfortunately, such things happen.
My point is how can employer deduct tax with is not shown on pay slip.
What would be take home for 100k base? He should deposit $8333/pm not $5835/pm then pay roll processing department will deduct appropriate amount not he deducts 33% then sends to pay roll.
I am sorry to hear this, and I hope your friend is able to get out of the mess. I have heard of something similar, although the logistics were slightly different in that case, from a friend. Unfortunately, such things happen.
more...
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ps57002
12-28 10:39 AM
Only God knows how they calculate what processing dates to put up. even their IO's are baffled. NBS shows I131/AP as 3 months now. Mine is way outside processing time now according to new processing times. So I called IO and she's like "now why did they post that, it's not even correct. I'm getting calls regarding that now since a.m.). She was nice though even though I offered she didn't have to do a SR as I'm not travelling anytime soon unless emergency comes up (i'm on EAD and so totally dependent now on AP in case of travel as have no valid H1b). She still put in a request for me. Nice IO. but fact is even their IO's are surprised by what they put in processing times.
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HumJumboHathuJumbo
10-08 03:25 PM
How long will it to get green card for my parents.I am a US Citizen and filed I-130,I-485 in sept first week.they have finger printing scheduled for next week.Please share your experience if you have sponsored your parents too.
Can anyone tell me how to start a thread please.sorry for posting in this thread.:)
Can anyone tell me how to start a thread please.sorry for posting in this thread.:)
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ttdam
10-02 04:42 PM
EB2 or EB3 ?
I m tensed based on your experience,
How big is the company (your H1 employer) in terms of employees and revenue ?
Thanks for sharing the info.
I m tensed based on your experience,
How big is the company (your H1 employer) in terms of employees and revenue ?
Thanks for sharing the info.
ujjvalkoul
05-01 01:56 PM
Does - Emergency Appoinment include - people already working in US ? are you sure ?
Yes it does, if you go to book the appoint (emergency) or view dates available for emergency appts (on vfs visa website) , it lists the Examples for emergency appointments and include ppl who are already in US and need to go backto join their work
Yes it does, if you go to book the appoint (emergency) or view dates available for emergency appts (on vfs visa website) , it lists the Examples for emergency appointments and include ppl who are already in US and need to go backto join their work
sandy_anand
01-24 10:06 AM
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
Thanks! I stand corrected.
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
Thanks! I stand corrected.
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