sweet_jungle
10-06 12:08 AM
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
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NO_Free_Rider
09-14 12:47 PM
Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
indyanguy
01-28 09:10 AM
Here's a brief background:
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
Any help is really really appreciated.
1. Have EB3 from this company as a Software Engineer 15-1031
2. Have a MS + 3 years PRIOR to joining this company
3. Plan NOT to use experience gained from the current company for EB2
Can someone please help me with which approach will have the highest probability of success with PERM?
1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
Any help is really really appreciated.
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nb_des
08-04 02:33 PM
Looks like they got some award
http://www.exceedcorporation.com/news.htm
http://www.exceedcorporation.com/news.htm
more...
ajay_hyd
06-21 02:53 PM
Congratulations!!!!!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
thanks, i used b'certificate when i field in 2004. i got my BC in 2003 on a trip to india. i think the rules might have been different then, i had no RFE's.
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
thanks, i used b'certificate when i field in 2004. i got my BC in 2003 on a trip to india. i think the rules might have been different then, i had no RFE's.
hopefulgc
08-17 03:59 PM
isn't the date ... Apr 01 2004 according to sept bulletin
(not jan 1 2004)
If ur EB2 and PD older than Jan 01, 2004 probably you have chance to refile again. During this crunch time don't trust USPS/UPS. Always use fedex...
Hope for the best..
(not jan 1 2004)
If ur EB2 and PD older than Jan 01, 2004 probably you have chance to refile again. During this crunch time don't trust USPS/UPS. Always use fedex...
Hope for the best..
more...
martinvisalaw
10-15 03:47 PM
I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.
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myimmiv
02-26 10:09 AM
Any thoughts ?
more...
dixie
06-20 01:56 PM
:(
I wish people here are more sympathetic to those who are ignorant about
the gravity of the current situation.
supers789,
this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...
Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.
I wish people here are more sympathetic to those who are ignorant about
the gravity of the current situation.
supers789,
this is the painful truth. Don't think about this too much....we are all coping with this. CIR seems to be dead...Will we get some other legislation to help us out? don't know, may happen...
Unfortunately, a good many people who havent joined IV yet are also blissfully ignorant of the gravity of the situation. They think its a temporary traffic jam, while in reality our path to a GC has been blocked by a landslide.The backlogs will keep on growing till the authorities (lawmakers in our case) clear the road .. or the affected traffic takes an alternative route.
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sk.aggarwal
02-18 01:34 PM
Have you or your org. got any PW responses in 4-5 weeks?
Bump... please, if anyone got PW for greencard labor through the new process... how long it took??
Bump... please, if anyone got PW for greencard labor through the new process... how long it took??
more...
gchetna
09-10 11:44 AM
Thanks for your response. I am hoping that I will be able to tell them to give me time to get my H1B transfered. They have always been very understanding so far, but you never know...Thanks guys
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sweet_jungle
01-10 04:39 AM
I am interested in exploring the AC-21 option.
My sponsoring company is a big company and I think they wont revoke 140. 140 was approved in 2006. 485 filed in july,2007.
Any recommendation for AC-21 attorneys?
Can an attorney force me to file AC-21 even if i dont want to?
My sponsoring company is a big company and I think they wont revoke 140. 140 was approved in 2006. 485 filed in july,2007.
Any recommendation for AC-21 attorneys?
Can an attorney force me to file AC-21 even if i dont want to?
more...
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pappu
02-04 10:22 PM
Which messenger and can you point the url?
On the top navigation of this website, please click on the 'Messenger' link to enter the chat
On the top navigation of this website, please click on the 'Messenger' link to enter the chat
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santa123
10-06 08:41 PM
I just read about someone in San Fernando who killed his family and himself because he didn't have a job.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
Well said... the economy will rebound as time progresses. Let us hope and pray it happens quickly.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
Well said... the economy will rebound as time progresses. Let us hope and pray it happens quickly.
more...
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Can2004
03-14 10:54 AM
Hi everyone,
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
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WeShallOvercome
08-27 06:32 PM
I actually did the stop payment back on the 14th and I have checked my account everyday and nothing...... Do you think they will reject it? I hate to lose the receipt date of July 2nd....
If there is no way you can stop the stop payment, then you should not get all anxious.
You were considering yourself lucky that your PD became current in July, unlucky that you filed a day too soon, but lucky that you came to know just in time, lucky that you still got your receipt, unlucky that you stopped payment, lucky that you have a second application in case your first one is rejected....
So you started being lucky and you might end up being lucky... Don't worry about all the unlucky episodes in between and hey, why worry about losing just 6 weeks of receipt date. Think about pre June-15th days :):)
If there is no way you can stop the stop payment, then you should not get all anxious.
You were considering yourself lucky that your PD became current in July, unlucky that you filed a day too soon, but lucky that you came to know just in time, lucky that you still got your receipt, unlucky that you stopped payment, lucky that you have a second application in case your first one is rejected....
So you started being lucky and you might end up being lucky... Don't worry about all the unlucky episodes in between and hey, why worry about losing just 6 weeks of receipt date. Think about pre June-15th days :):)
more...
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ArunAntonio
06-11 12:18 PM
Reno.. You are retarded :)
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
Asked Core Iv A Question And They Deleted The Thread
--------------------------------------------------------------------------------
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many amendments to the current immigration bill and Now I log in to see , the thread is missing, why, my question was straight forward, again I am asking them on what form of immigration bill they support. I highly doubt In what they are doing looks like they are working for the benefit of them self. Guys please don�t be ignorant and its your right to ask the question don�t be a dumb crowd but ask questions.
I am too in the same GC queue with I140 and I485 filed and pending, so don�t count me as anti � immigrant but also want to see the betterment of others too who are in GC process and will be effected due to the introduction of the new bill.
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beppenyc
09-14 02:46 PM
The key will be to see what kind of congress we will have, before that, it is pretty hard to make any prediction. In any case, i remember this may when President George Bush and the senators met at the white house, he (the prez) told that he believe to have a bill by the end of the year, he never mention before election.
Let`s see and hope
Let`s see and hope
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mikemeyers
11-07 01:57 PM
My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
thakgaya
03-30 05:53 AM
The approved 140 were from different companies. I got the update in 2 days after my attorney responded to the RFE.
rajeshalex
10-01 04:34 PM
We can suggest this to ombudsman. Its wastage of time and money on the applicant and the USCIS(tax payers money)
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