kumar1
10-06 01:15 PM
USCIS has always been unpredictable. Stupid USCIS approved Mohammed Atta's VISA extension after he shoved the whole airplane in World Trade Tower. So all of us know, what USCIS is capable of doing. I would go to an extent that you can even remain unemployed after 180 days of I-485. You do not even have the burden to be employed all the time.
Once again....I am talking about what law says.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
Once again....I am talking about what law says.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
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paskal
10-26 12:25 AM
Hi,
I suggest you guys bump this thread periodically and keep it on the front page.
Lynne, I can provide you some help with info on IV members in IN.
Please pm/e mail me. Thanks for your effort!
I suggest you guys bump this thread periodically and keep it on the front page.
Lynne, I can provide you some help with info on IV members in IN.
Please pm/e mail me. Thanks for your effort!
smisachu
02-01 04:04 PM
Here is what I would do..
1. Pay off your debts..
2. Collect 6 months of paycheck equivalent money in CDs.
3. Buy life insurance.
4. contribute to 401K if employer offers a match.
5. Start children's education fund (4o3b?)
6. Buy some gold may be 5-10% of savings.
7. Invest in US based large cap consistent dividend yielding stocks > 4% yield (example:- PFE & T).
8. Invest in an index fund with exposure to global economies with low expense ratio.
9. Invest in your health (gym membership or equipment etc..)
10. Buy some real estate if you can afford.
Anything left over from this you should be put in equity tranche of a Synthetic CDO-Squared and hedge the USD-INR fluctuation on the payout of your investments by buying long dated Quanto options maturing at the expiration of your H1 or patience in waiting for GC-which ever comes first.
:D
I am kidding of course...
1. Pay off your debts..
2. Collect 6 months of paycheck equivalent money in CDs.
3. Buy life insurance.
4. contribute to 401K if employer offers a match.
5. Start children's education fund (4o3b?)
6. Buy some gold may be 5-10% of savings.
7. Invest in US based large cap consistent dividend yielding stocks > 4% yield (example:- PFE & T).
8. Invest in an index fund with exposure to global economies with low expense ratio.
9. Invest in your health (gym membership or equipment etc..)
10. Buy some real estate if you can afford.
Anything left over from this you should be put in equity tranche of a Synthetic CDO-Squared and hedge the USD-INR fluctuation on the payout of your investments by buying long dated Quanto options maturing at the expiration of your H1 or patience in waiting for GC-which ever comes first.
:D
I am kidding of course...
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ujjvalkoul
06-25 06:35 PM
It Has To Be A Desi Man!!
more...
krishnam70
04-06 04:44 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...
This is a unique situation and may be an immigration attorney will guide you better. You should try to follow the law where ever possible. It could have been much easier had you gone out when your visa expired and returned back on another visa. Anyway try to speak with an attorney and get a good advise on how to remedy this situation
- cheers
kris
This is a unique situation and may be an immigration attorney will guide you better. You should try to follow the law where ever possible. It could have been much easier had you gone out when your visa expired and returned back on another visa. Anyway try to speak with an attorney and get a good advise on how to remedy this situation
- cheers
kris
BornConfused
07-03 10:21 AM
u talk like a kid in class II.
In the second grade you mean? And yet you're the one using "u" and in lower case letter. Chill and use your sense of humor if you have one.
In the second grade you mean? And yet you're the one using "u" and in lower case letter. Chill and use your sense of humor if you have one.
more...
ArkBird
06-24 06:07 PM
Even though your wife is not taking salary, if she is owner of the business, she is considered "paid". In the worse case scenario, your wife will have to stop working till you get EAD or you can use protection 245(k) i.e. illegal employment for less than 180 days.
If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)
Cheers
ArkBird
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
If it is VERY critical, I suggest consulting a lawyer as most of what we post on this forums is personal knowledge and may not be the actual law! :)
Cheers
ArkBird
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
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small2006
08-20 02:38 PM
I gto the same response last week. They were so adamant in denying me the info that I got frustrated and hung up on her.:mad:
more...
ita
01-15 07:13 PM
So If we find a job where they are willing to do H1 then will it be like getting the H1 for first time? ...like part of the yearly quota where H1 starts from October or will it be like just file for H1 and start working with the receipt in hand.
Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?
Thank you.
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?
Thank you.
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
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hemya
12-10 11:44 AM
any suggestions if 140 is not approved?
Filed in August 2007......doesn't look like there is much movement based on tracker!!!!
EAD in hand
Filed in August 2007......doesn't look like there is much movement based on tracker!!!!
EAD in hand
more...
Alabaman
09-05 12:03 PM
For sure, things will be different after Nov Elections. However when it comes to immigration reforms or SKIL kind of bills, i think (i hate to say this) ambiguity still persists, no matter who controls the house
Well, there is a slightly increased chance in case of Dems control the houses
Do most of them (Congress) even know there is anything like the SKIL bill??
Well, there is a slightly increased chance in case of Dems control the houses
Do most of them (Congress) even know there is anything like the SKIL bill??
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willigetagc
08-19 09:27 AM
Folks,
I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.
PD: 10/2002
I-140 - Approved Jan 2007
Category - EB3, ROW
relax until the new biometrics notice comes. Chances are it never will. The CSR you spoke to probably did'nt read/know the new rules.
I am a July filer, I called USCIS last week and they stated that they need a new set of biometrics. I had initially given my biometrics after I filed my AOS last year in July 2007. According to what I have read USCIS should be able to retrieve my biometrics from their Biometric storage system. Should I call USCIS and argue with them which may be futile. Or should I just bite the bullet and await the new biometric appointment. I would appreciate any input.
PD: 10/2002
I-140 - Approved Jan 2007
Category - EB3, ROW
relax until the new biometrics notice comes. Chances are it never will. The CSR you spoke to probably did'nt read/know the new rules.
more...
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sriswam
06-29 03:36 PM
As per the blog from www.immigration-law.com, today is the last day USCIS will accept any Premium Processing requests for I-140s...
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
I mailed Matthew OH about that. He has corrected the part about e-filing PPS (that's not an option)
He says thats USCIS told him that they have to be *received* today. However, the customer service rep I called said its the *postmark* date. I guess it doesnt hurt to try mailing docs today. At worst, they return it.
vkxml- I dont think that the act of opting to go PP would cause an RFE. Every case goes through the same process. It's not as if there are different rules for processing regular vs premium.
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
I mailed Matthew OH about that. He has corrected the part about e-filing PPS (that's not an option)
He says thats USCIS told him that they have to be *received* today. However, the customer service rep I called said its the *postmark* date. I guess it doesnt hurt to try mailing docs today. At worst, they return it.
vkxml- I dont think that the act of opting to go PP would cause an RFE. Every case goes through the same process. It's not as if there are different rules for processing regular vs premium.
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kumar1
10-06 01:15 PM
USCIS has always been unpredictable. Stupid USCIS approved Mohammed Atta's VISA extension after he shoved the whole airplane in World Trade Tower. So all of us know, what USCIS is capable of doing. I would go to an extent that you can even remain unemployed after 180 days of I-485. You do not even have the burden to be employed all the time.
Once again....I am talking about what law says.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
Once again....I am talking about what law says.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
more...
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kaisersose
07-30 09:15 AM
Dear Experts and Attorneys:
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.
2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.
3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.
Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
1. AC21 is invoked when you change employers 180 days after filing for I-485. Since you are not changing employers, AC21 is irrelevant.
2. 15k is acceptable for AC21, but like I said earlier, this is irrelevant in your case. The real problem in your case is, does your Labor match your new job profile? If yes, you are good to apply 485. Else, you cannot apply 485 at this time.
3. No one knows. We can speculate till the sun goes nova, but we will not have any useful answer to that question.
Your big question at this time is, if you can roll out your 485 or not. If not, then port your 2006 PD and wait for your dates to become current again. Out of job for 2 weeks is not too bad, but it is not good either. Consult an attorney to know your options. USCIS has the discretion to forgive minor lapses in the event of abrupt lay-offs as they understand you cannot just pack your bags and leave overnight.
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st4rguitar
04-06 02:10 PM
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
LMAO - thanks for this post - hilarious!! :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
LMAO - thanks for this post - hilarious!! :)
more...
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desibechara
06-19 04:42 PM
My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.
Have you guys heard anything like "notice of forward"( it was something like this)...
These LC people in dallas are killing me..!
DB
Have you guys heard anything like "notice of forward"( it was something like this)...
These LC people in dallas are killing me..!
DB
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anirudh74
03-18 12:09 PM
Don't count on it.Even if it is introduced it will hit a road block in the house.So go and do what you need to do.Its foolish to base all your plans on CIR. I am sorry to say this , but this is the reality and there is very little that anybody can do to influence this.
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DDash
03-28 03:57 PM
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I will have to go for a stamping soon and this info will help. Thanks! :)
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I will have to go for a stamping soon and this info will help. Thanks! :)
nousername
09-04 12:39 PM
Nice.. Now that's what I call as out of box thinking lol ;) not sure where you got the idea from but it was a fun light read. Have a good weekend.
OK, now that we all are agonizing over what's gonna happen, I think the following could be a possibility. USCIS has pre-adj almost 150,000 apps and has got nothing more to do now and the new Q1 for 2010 has around 35,000 visa numbers available to be processed.
Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.
who votes for this russian roulette option? :D
OK, now that we all are agonizing over what's gonna happen, I think the following could be a possibility. USCIS has pre-adj almost 150,000 apps and has got nothing more to do now and the new Q1 for 2010 has around 35,000 visa numbers available to be processed.
Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.
who votes for this russian roulette option? :D
suresh.emails
09-14 10:49 AM
The following are answers to your questions. Even I got stamping in Singapore. I use to work in Singapore. I came to USA couple years ago.
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
There is NO order; who should go first.
Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.
Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.
As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).
If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).
US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.
4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.
I believe it is US Consulate in Singapore (but not Singapore Embassy)
Try to be genuine on providing information.
It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.
You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.
Answer to the questions asked; don't be over smart and start answering questions.
I wish you best of luck for your H1-B stamping.
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
There is NO order; who should go first.
Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.
Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.
As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).
If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).
US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.
4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.
I believe it is US Consulate in Singapore (but not Singapore Embassy)
Try to be genuine on providing information.
It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.
You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.
Answer to the questions asked; don't be over smart and start answering questions.
I wish you best of luck for your H1-B stamping.
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