gc_coming
07-18 06:20 PM
Hi Gurus,
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..
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gc_chahiye
07-12 11:59 AM
you wont be subject to cap if you jump to H4 and jump back to H1 since you were on cap subject H1 within the past 365 days. However if your spouse jumps to H4, she can only jump back to a non-cap H1. If she wants to work for a for-profit, she has to go through teh H1 cap.
Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.
If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.
one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)
Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.
If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.
one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)
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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sr77
09-26 02:08 PM
I think you are already late. You should have done all you can, like meeting the senator, writing to uscis, infopass appt, as soon as you PD was current. Now the Visa numbers are over for the FY 2010. You may get lucky in October when new visa number are available. Hope this helps.
This is disheartening...
This is disheartening...
more...
kaisersose
05-29 09:29 PM
Hi kaisersose
can you please take a few mins and send web faxes?
for tonight we are trying to reach a goal of 2750 faxes......
your efforts will be highly appreciated
thank you
I went to the web fax link from the home page and sent out the only web fax that was there.
can you please take a few mins and send web faxes?
for tonight we are trying to reach a goal of 2750 faxes......
your efforts will be highly appreciated
thank you
I went to the web fax link from the home page and sent out the only web fax that was there.
fromnaija
07-20 11:24 AM
File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
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sertasheep
09-23 07:48 PM
Pappu,
Great! Thank you for the efforts. A wiki is going to be useful!!!
Great! Thank you for the efforts. A wiki is going to be useful!!!
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mss007
04-21 03:05 PM
I am July 2007 filer, submitted I485, EAD/AP for me and my wife but as of now no LUDs on both I485s. Submitted at NSC but transferred to TSC this is happend at that time only now the case is pending at TSC.
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:
I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....
Any one is facing same kind of situation?
Please let me Know.
PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:
I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....
Any one is facing same kind of situation?
Please let me Know.
PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007
more...
mantagon
07-16 08:23 AM
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
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STAmisha
06-19 04:30 PM
please post your comments
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sunny1000
03-23 01:55 PM
smuggymba,
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Ask your lawyer if you can get the I-94 corrected Nunc Pro Tunc.
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
Good luck to you.
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Ask your lawyer if you can get the I-94 corrected Nunc Pro Tunc.
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
Good luck to you.
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eb3_nepa
10-03 01:44 PM
If you did not know about this, then whomever was advising you did you a disservice.
I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.
I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.
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Alabaman
05-21 08:11 AM
they did all these on the road? Laptop? Phones? Throw more light
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number30
04-29 06:08 PM
Thanks snathan and aravindhome for your responses.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
Once she is on F1 here you can get married.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
Once she is on F1 here you can get married.
more...
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mariusp
12-20 10:08 PM
There is no scam. At least from what you describe...
I don't think you understand how the income tax really works. There's no way that the company can take 33% of your MONTHLY paycheck for taxes. First of all, tax is calculated on the yearly income not the monthly one and second, tax calculated for each bracket on the amount of income that falls within that bracket. For example, say your friend makes 100k a year.
Assuming that he files as single with no dependents, that means:
(http://www.wwwebtax.com/tables/tax_rate_schedules98.htm)
Tax brackets are:
$0 - $7,300 tax is 10% ---> he pays $730$
7,300 - 29,700 tax is 15% ---> he pays $3,360
29,700 - 71,950 tax is 25% ---> he pays $10,562
71,950 - 100,000 (his income) tax is 28% ----> he pays $7,854
-------------------------------------------------
You add all those up and the total amount in tax he owes is $22506 / year
Okay, now subract this amount from 100k and you get: 77494 / 12 months
= 6457 per month
Now you need to pay social security and medicare:
Social Security about $500
Medicare about $120
You get: $5800 in hand
Your friend probably screwed up his W4 form and now the company withholds too much out of his paycheck. But there's no problem, he can correct it at any time by resubmitting / reviewing his W4 with the employer. In the event he doesn't, at the end of the year he will get a big fat tax refund from the IRS for the amount he overpaid during the year.
In any case, you want to make sure at the end of the year you don't owe anything and you are not owed. You don't really want to lend money with 0% interest to uncle Sam, right?
I don't think you understand how the income tax really works. There's no way that the company can take 33% of your MONTHLY paycheck for taxes. First of all, tax is calculated on the yearly income not the monthly one and second, tax calculated for each bracket on the amount of income that falls within that bracket. For example, say your friend makes 100k a year.
Assuming that he files as single with no dependents, that means:
(http://www.wwwebtax.com/tables/tax_rate_schedules98.htm)
Tax brackets are:
$0 - $7,300 tax is 10% ---> he pays $730$
7,300 - 29,700 tax is 15% ---> he pays $3,360
29,700 - 71,950 tax is 25% ---> he pays $10,562
71,950 - 100,000 (his income) tax is 28% ----> he pays $7,854
-------------------------------------------------
You add all those up and the total amount in tax he owes is $22506 / year
Okay, now subract this amount from 100k and you get: 77494 / 12 months
= 6457 per month
Now you need to pay social security and medicare:
Social Security about $500
Medicare about $120
You get: $5800 in hand
Your friend probably screwed up his W4 form and now the company withholds too much out of his paycheck. But there's no problem, he can correct it at any time by resubmitting / reviewing his W4 with the employer. In the event he doesn't, at the end of the year he will get a big fat tax refund from the IRS for the amount he overpaid during the year.
In any case, you want to make sure at the end of the year you don't owe anything and you are not owed. You don't really want to lend money with 0% interest to uncle Sam, right?
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GCwaitforever
11-06 11:59 AM
Concurrent H-1Bs are always non-cap.:)
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logiclife
04-28 12:43 PM
This was a post I did 16 months ago, when Immigration Voice was 3 weeks old and no one knew anything about CIR of 2006.
As we have learned in 2006 and in last 16 months, it is not going to be possible to separate ourselves from illegal immigration no matter how much we try. Its just not going to happen.
There is some good news today from bloomberg:
http://www.bloomberg.com/apps/news?pid=20601087&sid=akTlfu6iVMK8&refer=home
As we have learned in 2006 and in last 16 months, it is not going to be possible to separate ourselves from illegal immigration no matter how much we try. Its just not going to happen.
There is some good news today from bloomberg:
http://www.bloomberg.com/apps/news?pid=20601087&sid=akTlfu6iVMK8&refer=home
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chanduv23
10-09 05:00 PM
^^^^^^^^^^^^^
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wa_Saiprasad
12-14 10:09 AM
Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators’ for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.
needhelp!
03-06 01:06 PM
FROM IV: PLEASE EMAIL THIS RESPONSE TO USCIS IF YOU HAVE RECEIVED THE FOIA RESPONSE:
http://immigrationvoice.org/forum/showthread.php?t=24231
http://immigrationvoice.org/forum/showthread.php?t=24231
chanduv23
04-22 11:58 AM
There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.
A denial can happen when RFEs are not responded in time.
From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.
If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee
A denial can happen when RFEs are not responded in time.
From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.
If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee
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