sundarpn
01-02 06:33 PM
Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?
I have the same question and a few more:
I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).
So what are the problems/implications becasue of this? Are we still on H1b status?
Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?
In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?
I understand that these are very low level questions and better to consult an attrorney etc.
I have the same question and a few more:
I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).
So what are the problems/implications becasue of this? Are we still on H1b status?
Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?
In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?
I understand that these are very low level questions and better to consult an attrorney etc.
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waitin_toolong
07-30 01:36 PM
My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?
Yes
Yes
permfiling
07-14 01:07 AM
Hi
Before i present my RFE I will explaing My GC:
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
immigration forms by phone at 1-800-870-3676 begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
Linuxra,
Did you get EAD in the meantime?
Thanks
Before i present my RFE I will explaing My GC:
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
immigration forms by phone at 1-800-870-3676 begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************1-800-870-3676******end_of_the_skype_highlighting.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
Linuxra,
Did you get EAD in the meantime?
Thanks
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Dhundhun
06-12 06:59 PM
... pre adjudicated and other than NC everything looks good.
I think, pre-adjudicated means every thing ready and waiting for Visa Number, so you need not worry - Whether EAD/AP renewal bothering you?
Within four months of processing time passing the RD, case is pre-adjudicated - I mean, when they were trying to give you GC, DOS did not reply with your Green Card Number (exhausted). I think USCIS is not delaying your case. If I were you, I would wait.
However many of us recommended to followup aggressively at various levels. It is up to you.
I think, pre-adjudicated means every thing ready and waiting for Visa Number, so you need not worry - Whether EAD/AP renewal bothering you?
Within four months of processing time passing the RD, case is pre-adjudicated - I mean, when they were trying to give you GC, DOS did not reply with your Green Card Number (exhausted). I think USCIS is not delaying your case. If I were you, I would wait.
However many of us recommended to followup aggressively at various levels. It is up to you.
more...
Anders �stberg
November 21st, 2005, 10:50 AM
EDIT: The pictures seem to have moved since I voted. Now I like #4. :)
immique
06-30 01:43 AM
I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.
more...
reedandbamboo
09-15 12:00 PM
Singhsa,
Good idea! See you there.
Good idea! See you there.
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Berkeleybee
06-03 07:44 PM
Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.
Pappu,
Not sure how Priya David fell through the cracks but the very first thing we do when we talk to reporters is hammer away and draw a distinction between H1-B and EB workers. It is part of our media mantra. In fact this comes across so strongly that the WaPo reporter even called me back to say "see I didn't mess that up!" Unfortunately, TV stations do tend to splice together a bunch of stuff just to get a story out.
We just have to keep hammering away.
best,
Berkeleybee
Pappu,
Not sure how Priya David fell through the cracks but the very first thing we do when we talk to reporters is hammer away and draw a distinction between H1-B and EB workers. It is part of our media mantra. In fact this comes across so strongly that the WaPo reporter even called me back to say "see I didn't mess that up!" Unfortunately, TV stations do tend to splice together a bunch of stuff just to get a story out.
We just have to keep hammering away.
best,
Berkeleybee
more...
freakin_gc
03-12 07:41 PM
Businessweek bro
pointlesswait-
How do you what are the top 10 PT MBA programs? Where can we find ratings for PT MBA programs?
Thanks.
pointlesswait-
How do you what are the top 10 PT MBA programs? Where can we find ratings for PT MBA programs?
Thanks.
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talduk
March 24th, 2005, 02:29 AM
I forgot to mention that I purchased only the body and put on an old F-801 35-70 nikon lense.
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nisthana
02-18 06:11 PM
Thanks for replying. I just came back from the court and got back the following
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
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kabeer_g
08-10 04:12 PM
A question on consular processing vs I-485. She already has a tourist visa. Also since she is deriving her green card status from mine, her priority date is current. Could she come to US on her tourist visa and we file for I-485 here instead of doing consular processing?
Thanks,
Dinesh
Thanks,
Dinesh
more...
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mrane1
05-04 11:52 PM
I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
Also what docs should be send after efiling, if any?
Also what docs should be send after efiling, if any?
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suni
08-27 01:04 PM
I went for Driver licence renewal.I have I797 H1B notice of approval for 2 more years.But I don't have it stamped in passport.So when they see it,they said they won't consider it as visa on passport is not valid and expired.Though I am not using ,I have valid EAD card also.So When I shown it ,they renewd my licence.Now I am thinking,is it ok If I use my EAD card for licence renewal as I am not using EAD status now.I want to be on H1B only.I don't want to use EAD now. can anybody tell me will it be alright to use EAD?Does it effect anywhere in my status?
Please respond.
Please respond.
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shreekarthik
02-25 11:34 PM
Bear in mind the following
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
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ItIsNotFunny
03-04 05:26 PM
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Kartik, your handle is your short name?
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chaukas
06-14 06:46 PM
Isn't the Alien Number the A# on the I-140 ?
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dilvahabilyeha
08-09 01:19 PM
Hi, Thanks for your reply.
Also by any chance is "alien receipt number" same as the A# that appears
in my old OPT-EAD? If yes then perhaps I can use that? I know that
"A#" is called "alien registration number".
Thanks, Mtsaha
it's the A# in your 140 approved petitioin.
Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.
Also by any chance is "alien receipt number" same as the A# that appears
in my old OPT-EAD? If yes then perhaps I can use that? I know that
"A#" is called "alien registration number".
Thanks, Mtsaha
it's the A# in your 140 approved petitioin.
Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.
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stucklabor
03-16 12:38 PM
I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
hiralal
08-08 03:03 PM
good post ..actually H1 program has become like a witchhunt (for better or not) ..I heard similar stories for those in cognizant (I thought it was a good company but I remember reading some postings which were contrary to my thought ) . one of my friend is having trouble with h1 extension ..it keeps getting denied.
Ann Ruben
07-12 02:24 PM
You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:
1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).
Hope this helps,
Ann
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