chi_shark
03-25 03:47 PM
BTW isn't I-485 for a future job ? How does the current work location matter ?
thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.
thats what scared me when i read this thread... so, basically, they are using even the pending 485s to raise issues on 140 etc... this i bad stuff.
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smartboy75
10-01 07:30 PM
Exactly my point. I could not read those numbers correctly and got a shocker until I received the receipts in the mail.
That's true too....lets wait and watch...
That's true too....lets wait and watch...
sgorla
02-19 12:10 PM
I dont believe that EB2 labor takes more time to approve than that of EB3. My labor was approved in EB2 category in less than a week.
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
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sac-r-ten
03-03 10:28 AM
Congratulations and thanks for sharing.
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nixstor
08-21 10:19 PM
somegchuh
I am seriously considering starting a business as a partner with a Perm Resident. How ever, I have not delved into any details. Guys! Any input?
I am seriously considering starting a business as a partner with a Perm Resident. How ever, I have not delved into any details. Guys! Any input?
roseball
05-18 11:09 PM
3 deportations at POE (EWR) till date this yr .
only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky
P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent
thanks
Working in a different location is not an offense........Unless, the company did not file an LCA for the location of work. Did you mean to say the deportations were related to LCA violations?
only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky
P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent
thanks
Working in a different location is not an offense........Unless, the company did not file an LCA for the location of work. Did you mean to say the deportations were related to LCA violations?
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reddymjm
05-05 04:27 PM
You will get your GC before your AP and EAD for sure. You missed the 2 year EAD and AP man. ;)
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rbashir
09-01 09:10 AM
guys and gurus, Very desparate at this point, any help will be appriciated, I really need to answer these questions, please give me some guidance or some sample responses if any body of you have gone through same issues. PLEASE HELP
I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers
1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
My Question is how do I prove it
2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
Yes. I have explained the reason
3- The employment letter of company A is not dated and cannot be considered
What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter
4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this
5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date
6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
A copy of the corporations annual federal tax return including copies of all schedules or
An audited financial statement or
An annual report
7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.
8- Does the beneficiary have an ownership interest?
9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/
10 - The indication must be made by the petitioner and the beneficiary
11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.
Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.
Please help me here, I am really worried what to do and how to have all this information replied.
Thanks
I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers
1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
My Question is how do I prove it
2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
Yes. I have explained the reason
3- The employment letter of company A is not dated and cannot be considered
What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter
4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this
5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date
6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
A copy of the corporations annual federal tax return including copies of all schedules or
An audited financial statement or
An annual report
7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.
8- Does the beneficiary have an ownership interest?
9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/
10 - The indication must be made by the petitioner and the beneficiary
11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.
Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.
Please help me here, I am really worried what to do and how to have all this information replied.
Thanks
more...
wandmaker
10-07 07:36 PM
My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.
Get your I-94 corrected - BTW, staying beyond I-94 date is unlawful and you will be barred from entering US.
Get your I-94 corrected - BTW, staying beyond I-94 date is unlawful and you will be barred from entering US.
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smaram1
11-24 08:44 AM
� Confirmation Receipt of E-filing
� Letter with the reason explaining why do I need to travel
� Copy of I-485 receipt
� Copy of I-140 receipt
� Copy of I-94 both front & back
� Copy of EAD
� 2 Passport photos
� Copy of marriage certificate
� Copy of Driver License
� Copy of Passport
� Letter with the reason explaining why do I need to travel
� Copy of I-485 receipt
� Copy of I-140 receipt
� Copy of I-94 both front & back
� Copy of EAD
� 2 Passport photos
� Copy of marriage certificate
� Copy of Driver License
� Copy of Passport
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desi3933
03-15 06:59 AM
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
_______________________
Not a legal advice.
US citizen of Indian origin
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
_______________________
Not a legal advice.
US citizen of Indian origin
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HV000
04-15 10:20 AM
CONGRATS! One more approval from TSC.
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tonyHK12
11-07 10:00 AM
Guys the person who wrote this article is a Democratic political consultant - in short political propaganda.
I would like to hear views from someone who is neutral.
If I recall Birthright citizenship was only being opposed for those who were not legally in the US. But as someone said this will be a very tough change to achieve anyway.
I am all for both parties working together, doing what is better for the country, rather than passing Bills in 1 week that no one knows the contents of.
I really want to see some concrete facts showing they oppose legal immigration.
I would like to hear views from someone who is neutral.
If I recall Birthright citizenship was only being opposed for those who were not legally in the US. But as someone said this will be a very tough change to achieve anyway.
I am all for both parties working together, doing what is better for the country, rather than passing Bills in 1 week that no one knows the contents of.
I really want to see some concrete facts showing they oppose legal immigration.
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ajm
06-24 07:06 PM
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:
Form I-485. For filing an application for permanent resident status
or creation of a record of lawful permanent residence--$930 for an
applicant fourteen years of age or older; $600 for an applicant under
the age of fourteen years when submitted concurrently for adjudication
with the Form I-485 of a parent and the applicant is seeking to adjust
status as a derivative of the parent, based on a relationship to the
same individual who provides the basis for the parent's adjustment of
status, or under the same legal authority as the parent; no fee for an
applicant filing as a refugee under section 209(a) of the Act; provided
that no additional fee will be charged for a request for travel
document (advance parole) or employment authorization filed by an
applicant who has paid the Form I-485 application fee, regardless of
whether the Form I-131 or Form I-765 is required to be filed by such
applicant to receive these benefits.
At best, this is ambiguous as to whether a fee will be required on renewals.
The first-time EAD/AP will definitely be free. But I could not find any explicit language indicating that renewals will be free. Here is the relevant section from the federal register notice:
Form I-485. For filing an application for permanent resident status
or creation of a record of lawful permanent residence--$930 for an
applicant fourteen years of age or older; $600 for an applicant under
the age of fourteen years when submitted concurrently for adjudication
with the Form I-485 of a parent and the applicant is seeking to adjust
status as a derivative of the parent, based on a relationship to the
same individual who provides the basis for the parent's adjustment of
status, or under the same legal authority as the parent; no fee for an
applicant filing as a refugee under section 209(a) of the Act; provided
that no additional fee will be charged for a request for travel
document (advance parole) or employment authorization filed by an
applicant who has paid the Form I-485 application fee, regardless of
whether the Form I-131 or Form I-765 is required to be filed by such
applicant to receive these benefits.
At best, this is ambiguous as to whether a fee will be required on renewals.
more...
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sioux
12-21 08:34 AM
There is no limit on the amount of money that a person can bring in. However if a person is carrying $10 k (this includes cash, travellers check, bank draft etc) or >5k in cash then that has to be declared at customs and person should go through Red Channel.
Are there any fees that has to be paid when the amount is declared? And is this for visitors only?
Are there any fees that has to be paid when the amount is declared? And is this for visitors only?
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walking_dude
08-04 11:03 AM
Now that the US Congress is in recess for 5 weeks, lets begin to get organized. It's a good time to visit our Reps and Senators as they will be in their constituencies.
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sachug22
07-21 05:12 PM
As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?
The gold coversheet is sent to lawyer, you only get a copy of the RFE letter. You can still respond to RFE without this letter just make sure you provide all the details (Receipt number, Alien number, RFE refernce, copy of RFE) when responding to this RFE.
The gold coversheet is sent to lawyer, you only get a copy of the RFE letter. You can still respond to RFE without this letter just make sure you provide all the details (Receipt number, Alien number, RFE refernce, copy of RFE) when responding to this RFE.
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Humhongekamyab
05-14 03:56 PM
Hi,
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
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cooler
07-07 03:23 PM
Continuation..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
Dhundhun
06-11 07:03 PM
Hello,
I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.
SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???
1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )
2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)
3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.
Thank you for letting me know.
If they can endorse in any form on your notice (or other wise give any paper), it will be good for future. Otherwise I have heard that they just tend to say that ignore notice.
In any case keep the record of your visit.
Please update us.
I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.
SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???
1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )
2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)
3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.
Thank you for letting me know.
If they can endorse in any form on your notice (or other wise give any paper), it will be good for future. Otherwise I have heard that they just tend to say that ignore notice.
In any case keep the record of your visit.
Please update us.
ruchigup
08-28 01:28 PM
Below is the response I got today in email. For the "additional review" part should I be concerned
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.
The status of this service request is:
Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.