glus
08-03 11:07 PM
go to: http://www.uscis.gov/pressroom
and then select the one from August 3.
I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.
and then select the one from August 3.
I think that I485 at NSC is a typo. It is because they show that they issued all receipts for I140 and I131 received on or before 7/1, which was Sunday, and the I 485 show 7/1107, which should probably be 7/1/07, just like I140s and I131s.......guys don't panic..we'll get the receipts next week.
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GCBy3000
02-07 09:54 AM
You are not married to your job if you are in H1. This is my whole point to be in H1. I MAY BE WRONG.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
If you are in H1 and having a PD of xxx date and if you decide to switch to another company by transferring your H1 into different position, you can still carry your PD with you for the new position eventhough it is totally different position. This is my understanding. If this is true, you can go up the ladder ifyou are in h1. If you invoke EAD and use 485, you cannot do this.
Only other way to do this when you are in EAD is to switch back to H1. Again, you should have left some time in your original 6 years of H1 to do this.
It is purely upto you to decide what do u want. If u r planning to stick with the same company that has your H1B, then no need to pursue EAD option. But if you are planning to get out of your current company and pursue different opportunity, then you can use ur EAD.
No matter what the status(H1B or EAD) you are in, you need to be employed in the same position or a similar position as in your Labor Certification. If your Labor Certification says you are a Programmer you cant be a Project Mgr in EAD. Till you get your GC, you are compulsorily married to your profession and title.
abhijitp
07-19 12:57 PM
Thanks for clarifying milind70.
Abhijip - We all want to help here but please don't provide confusing info.
As for the original poster, he can still apply for AOS if he gets the receipt. I got mine from TSC on July 13 and they got the I140 on July 6. It wasn't labor subst though.
Hang in there another week. Can you verify if they cashed the check ?? They print the receipt# on the back.
Sorry... I did not know you could file concurrently before PERM came into play. So, does the original poster have to wait for the I-140 receipt? Only then can he apply for AOS using that receipt number? What if he applied for I-140 ONCE more, only this time concurrently along with a I-485? I think you can submit multiple I-140's ... just that you could only premium-process (BTW, no Premium Processing through this month anyways!) the one I-140 that goes out with the original "Labor certification approval".
Abhijip - We all want to help here but please don't provide confusing info.
As for the original poster, he can still apply for AOS if he gets the receipt. I got mine from TSC on July 13 and they got the I140 on July 6. It wasn't labor subst though.
Hang in there another week. Can you verify if they cashed the check ?? They print the receipt# on the back.
Sorry... I did not know you could file concurrently before PERM came into play. So, does the original poster have to wait for the I-140 receipt? Only then can he apply for AOS using that receipt number? What if he applied for I-140 ONCE more, only this time concurrently along with a I-485? I think you can submit multiple I-140's ... just that you could only premium-process (BTW, no Premium Processing through this month anyways!) the one I-140 that goes out with the original "Labor certification approval".
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Ann Ruben
02-24 02:59 PM
Raama,
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
There is both good news and bad news about the situation you describe. The good news is that shoplifting merchandise with a full retail value of less than $200 in NJ is classified as a "disorderly persons offense" for which the maximum sentence of imprisonment is 6 months. Under US immigration law, your friend's wife is not inadmissible because she qualifies for the "petty offense exception". The "petty offense exception" applies as long as there is ONLY ONE conviction for which the maximum sentence is less than one year, and the actual sentence was for a term of imprisonment of less than 6 months. Accordingly, the shoplifting conviction you describe does not provide a basis to deny the H-4 visa application.
Now for the bad news. Though your wife's friend may not have been taken into custody by the police, she was arrested, charged, and convicted of a crime as those terms are defined by US immigration law. In completing the required visa application forms, she must answer "yes" to the question which asks whether she has ever been arrested, cited, charged, etc. She should be prepared to provide a court certified final disposition to the consul as well as a legal opinion letter citing and attaching the relevant statutes. The consular officer will most likely request an additional FBI clearance, and will not issue the visa until the FBI has confirmed no additional criminal history. This process can take anywhere from a few days to many months.
Hope this helps,
Ann
more...
dhirajs98
01-13 09:51 AM
We received the RFE letter on my pending I-140.
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
coolmanasip
07-19 09:49 AM
If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
more...
pscdk
08-16 07:03 PM
485 RD - 06/25/2007 (Filed at NSC)
485 ND - 08/01/2007 (Came from TSC)
FP ND - 08/09/2007
FP Notice Received by mail on - 08/15/2007
FP Appointment - 09/06/2007
Did you receive the FP notice or your attorney or both??
485 ND - 08/01/2007 (Came from TSC)
FP ND - 08/09/2007
FP Notice Received by mail on - 08/15/2007
FP Appointment - 09/06/2007
Did you receive the FP notice or your attorney or both??
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shankar_thanu
06-27 10:44 AM
I have been asked by my lawyer to enter the A# from OPT card if you have one, is this right?
more...
globaldesi
05-14 10:25 AM
My HR notified me yesterday that they have received the receipt for my H1B. Thank God! Good luck to everyone awaiting a response.
Quota - General
Premium Processing - No
Notification Date - 04/28/08
Receipt Number - Yes
Notified via - email from HR
Employer - Company
Multiple Petitions - No
Quota - General
Premium Processing - No
Notification Date - 04/28/08
Receipt Number - Yes
Notified via - email from HR
Employer - Company
Multiple Petitions - No
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good idea
12-03 09:41 AM
one of my friend is in same situation, he submitted docs approx 45 days back & he is expecting it may take another 1-2 months as consulate office might send all those documents to USA & cross check with H1 issue visa office.
more...
sodh
07-27 04:14 PM
The FOIA request takes around 18 months to get some answer even if your request is easy.
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ramesh10
06-15 07:20 PM
Franklin,
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
I had OPT in 2003 , so should i be using that A# and should i mention YES for question, have you ever applied for employment authorization with USCIS
in G325A,
should i need to mention my part time jobs i worked while on F1 visa (i did not mention anything during 140)
more...
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GC_1000Watt
05-20 12:52 PM
Hello Gurus,
I am planning for H1B visa stamping at Mumbai consulate in July this year. I am not aware of the current extension process. I will appreciate if anybody can share his/her knowledge on the same.
FYI: I have got my first H1B extension for the next 3 years & i am with the same company all this period.
As far as my information goes, i will first have to get HDFC receipt by asking somebody in India to fill the visa fees on my behalf. and then I have to fill DS156 & DS157 electronically?
Kindly share your knowledge, thoughts and advices.
Thanks in advance.
I am planning for H1B visa stamping at Mumbai consulate in July this year. I am not aware of the current extension process. I will appreciate if anybody can share his/her knowledge on the same.
FYI: I have got my first H1B extension for the next 3 years & i am with the same company all this period.
As far as my information goes, i will first have to get HDFC receipt by asking somebody in India to fill the visa fees on my behalf. and then I have to fill DS156 & DS157 electronically?
Kindly share your knowledge, thoughts and advices.
Thanks in advance.
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franklin
02-09 10:48 AM
In light of recent efforts to find out how each and every one of us can help our cause, I'm starting this thread to find specific things we can do to help.
Place trust in your core team. They are working on things that we can not know about.
But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?
* Remain positive and focused.
Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.
Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me
* Thinking outside the box
Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.
* Response
Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.
The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.
You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.
Lets pull together on this.
FWIW
I'm EB3 - ROW
Place trust in your core team. They are working on things that we can not know about.
But what can we do? Other than just contributing? Each of us needs to take inititive in our own way. If 2 members in NJ can distribute flyers for a few hours - can't EVERYONE active here do something with a similar impact?
* Remain positive and focused.
Focus your efforts on contacting someone in the media, a friend, a fellow green card chaser. For every post that you make on this forum, write and email to send to someone. If you make a negative post about how things are hopeless, you write 2 emails to spread the word.
Pick someone on these lists, and send an email. http://immigrationvoice.org/forum/showthread.php?t=2499 Pappu has another post somewhere with a huge list of media outlet emails. I can't find it right now for the life of me
* Thinking outside the box
Been frustrated by main media coverage of our issues? Want to scream when Lou Dobbs comes on? Have you thought of different mediums that could work in a different way? Distribute those flyers at a local commute stop, write to www.moveon.org, or one of the NPR stations.
* Response
Every time someone posts a new article on this board, make the effort to respond to the reporter involved in the article. Even with 200 active members, if ever reporter gets even 100 emails all about the same issue soon after their article is released.
The general public don't know about our problem, we all know that polititcans are notoriously out of touch. Let's leave the sensitive influence to the core team, and we can help tackle the general public. When public opinion is loud enough, I can guarantee that people will start to listen.
You know what blew away the politians in the last presidential election? The power of small, grassroots organizations - using the web to spread the word.
Lets pull together on this.
FWIW
I'm EB3 - ROW
more...
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hpandey
09-15 12:47 PM
Well celebrate any way you want... congrats on your new found freedom after 10 years . :)
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nashorn
08-12 03:14 PM
Who told you they process around 4500 application per day at NSC, or you just figured it out all by yourself? I'd love to konw your source, or how you did it.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
more...
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gauravster
10-04 03:18 PM
1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).
2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.
3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.
4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.
But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.
2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.
3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.
4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.
But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.
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sam_hoosier
06-22 04:34 PM
Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?
If you are just looking for the least expensive option, try CVS. The pics dont come out bad ;)
If you are just looking for the least expensive option, try CVS. The pics dont come out bad ;)
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snathan
05-04 11:24 PM
I would also recommend to go through an attorney as the cost is not worth to lose your status...
sid3699
09-16 10:13 PM
My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
ArkBird
06-07 11:24 PM
www.msnbc.com
www.cnn.com
Cheers!
www.cnn.com
Cheers!
