gc_check
06-29 01:33 PM
Good lawyer...mine is taking 6-7 business days after submission atleast. Though, I did not fill any forms, I filled a questionairre and she will use that to fill the forms, that might delay things a little.
All the forms require applicants signature, Folks download the forms, complete and sign it and send with all the documents ASAP if filing through an Attorney along with the questionnaire. We used to have the same process, complete the questionnaire and then complete the forms, mail it back for signature... but now as the Legal have to file numerous petitions, they asked us to go ahead and fill all the forms and send the docs requested. they will contact back only if issues, else will file and then will notify us. Also make sure you sign all the form and also attach a G28 form signed and attach for each form, I485/765 and 131. This will save lots of time.
All the forms require applicants signature, Folks download the forms, complete and sign it and send with all the documents ASAP if filing through an Attorney along with the questionnaire. We used to have the same process, complete the questionnaire and then complete the forms, mail it back for signature... but now as the Legal have to file numerous petitions, they asked us to go ahead and fill all the forms and send the docs requested. they will contact back only if issues, else will file and then will notify us. Also make sure you sign all the form and also attach a G28 form signed and attach for each form, I485/765 and 131. This will save lots of time.
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jsb
02-04 03:37 PM
:) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
I think you still need to pay, but if and when you file tax in your country (with which US has a treaty), you can get credit for these payments. For example, if a Canadian works here (and maintains Canada's residential status), he/she has to pay all US taxes, SS, medicare etc, but while filing Canadian taxes (where he is not required to pay SS but has to pay income and other taxes), he/she can get credit for US payments. Therefore, if he/she returns back to Canada without completing 40 quarters, not only his/her US SS/medicare contributions are lost (barring some payments, which are nothing more than a pocket allowance, based on another treaty), he/she did not make contributions to Canadian system, thus lowering future Canadian payouts.
I am a CDN citizen, so I know it a bit better.
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
I think you still need to pay, but if and when you file tax in your country (with which US has a treaty), you can get credit for these payments. For example, if a Canadian works here (and maintains Canada's residential status), he/she has to pay all US taxes, SS, medicare etc, but while filing Canadian taxes (where he is not required to pay SS but has to pay income and other taxes), he/she can get credit for US payments. Therefore, if he/she returns back to Canada without completing 40 quarters, not only his/her US SS/medicare contributions are lost (barring some payments, which are nothing more than a pocket allowance, based on another treaty), he/she did not make contributions to Canadian system, thus lowering future Canadian payouts.
I am a CDN citizen, so I know it a bit better.
rolrblade
07-20 01:29 PM
My attorney said e-notice is fine and applied.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
read carefully to what Superdude wrote...... your answre is in there.
To file I-485 you need a I-140 RECEIPT NOTICE. You dont need an approved I-140 to file 485. If you attached your I-140 receipt notice then you are fine.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
read carefully to what Superdude wrote...... your answre is in there.
To file I-485 you need a I-140 RECEIPT NOTICE. You dont need an approved I-140 to file 485. If you attached your I-140 receipt notice then you are fine.
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skynet2500
07-09 12:35 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Please post the link. What is new anyways in this?
Please post the link. What is new anyways in this?
more...
ken
04-08 03:25 PM
Is there anyone who is in similar situation?..
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satyasaich
03-16 12:45 PM
expect an RFE in a month or two. Also fill in your profile to help others...
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
more...
Dakshini R. Sen
06-25 10:33 AM
Yes, until her I-485 application is approved she can apply for the EAD as well as the AP. Provided you have received the permanent residency card, you do not have to do anything. AC21 filing is irrelevant in your case.
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
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patiently_waiting
09-25 07:21 PM
:) Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
more...
rongha_2000
10-11 04:52 PM
Ok, if this is true, its sure that your employer is exploiting you and thats shameful. Keep all your correspondence in writing. If employer is not reply in writing somehow record your phone conversation with him and then
1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.
In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.
hi,
this might look an essay but this is true ----------------
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions
thanks and regards
1) You have a valid case to file a complaint with the DOL and suing your employer and seek punitive damages. Since your I140 is approved then you switch to another employer and port your PD. Atleast that will not be lost. If the judge grants you the punitive damage, I'd say Dude take that and go back to india cos that money will be enough for you to live a peaceful life there :)
2) In above case the only flip side is that you will not be able to file I485 anytime soon and will loose benefits like EAD and stuff.
3) If you can ride it through, do it and after 180 days using AC-21 change jobs and first thing you do is sue your employer and seek punitive damages. In that case you will have numbers to prove the financial, emotional hardships you experienced in this ordeal.
In either case dont spare the blood-sucking employer. Its employers like these that make general american public think that H1-B is being abused.
hi,
this might look an essay but this is true ----------------
i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
anyone has any suggestions on this issue , i will appreciate any suggestions
thanks and regards
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bigtime007
06-26 01:41 PM
It seem like the CIR does not allow working as consultant on H1B. I read through that part, but does not quite understand. Can someone who understands the legislation let me if the bill passed, what is the effective time that we need to stop working?
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
Is it:
1> The time when bill is signed by Bush?
2> The beginning of the following fisical year?
or
3> You can keep working till the current H1B expires, but cannot renew?
thanks!
more...
prasadn
07-14 07:30 PM
Can someone please confirm the renewal fee required for EAD application (I-765).
My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.
My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.
In 2008, I paid the renewal fee when I applied on my own.
My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do
1. Is there a chance that my EAD application will be approved without fee ?
2. Should I just send checks and write cover letter on why fee is required ?
3. Should I send another application, but this time with the fee ?
Should I
From my understanding, if you filed for AOS after August 17th, 2007, you fall under the new fee structure and you don't have to pay AP/EAD renewal fees. Otherwise, you will have to. If I were you I would re-submit the application with the proper fees rather than waiting for USCIS to sit on the application for a few weeks and reject it.
Thanks
Prasad
My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.
My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.
In 2008, I paid the renewal fee when I applied on my own.
My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do
1. Is there a chance that my EAD application will be approved without fee ?
2. Should I just send checks and write cover letter on why fee is required ?
3. Should I send another application, but this time with the fee ?
Should I
From my understanding, if you filed for AOS after August 17th, 2007, you fall under the new fee structure and you don't have to pay AP/EAD renewal fees. Otherwise, you will have to. If I were you I would re-submit the application with the proper fees rather than waiting for USCIS to sit on the application for a few weeks and reject it.
Thanks
Prasad
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same_old_guy
10-25 01:55 PM
I said the same thing. I WILL NOT spend $1000 for nothing when my PD is not current.
Fortunately, I got my I-140 approved last week. It was sent on Mid-May. It's EB2 NSC.
So just hang in there, unless your 6th year H1 is expiring in new few days.
Fortunately, I got my I-140 approved last week. It was sent on Mid-May. It's EB2 NSC.
So just hang in there, unless your 6th year H1 is expiring in new few days.
more...
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ys2jax
07-14 09:38 AM
i thought india EB quota had a hard constraint of 7% but 17000 seems to be much higher than that out of the total 140K, can somebody explain
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buddyinsd
01-04 12:46 PM
LOL--- Proposing a new name for this website: IndianImmigrationVoice.org which would be more appropriate as 99% of ppl posting on this website talks about US immigration only from an Indian point of view --- LOL
more...
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joshi_tushar
03-02 07:54 PM
I HAD SAME SITUATION FEW DAYS A GO, MY ATTORNEY TOLD ME THAT I NEED TO GO OUT OF COUNTRY ATLEAST FOR WEEK OR NEED TO FILE FOR H1B EXT.
I CHOSE TO FILE FOR EXT AS MY H1 WAS EXPERING AS WELL.
BUT FOR HER SHE MUST GO OUT BEFORE HER I-94 EXPIRES
i AM NO ATTORNEY PLEASE CONFIRM WITH 1.
I CHOSE TO FILE FOR EXT AS MY H1 WAS EXPERING AS WELL.
BUT FOR HER SHE MUST GO OUT BEFORE HER I-94 EXPIRES
i AM NO ATTORNEY PLEASE CONFIRM WITH 1.
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bunan
01-07 02:47 PM
The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.
Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.
Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.
more...
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vivache
08-24 07:58 PM
Has anyone been to the Mumbai consulate for stamping
Can you let me know the process?
Also website where I can get more info?
Is this a drop docs at embassy .. and they mail it to you kind of thing?
Thanks
V
Can you let me know the process?
Also website where I can get more info?
Is this a drop docs at embassy .. and they mail it to you kind of thing?
Thanks
V
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Ivyleaf
10-20 04:10 PM
right on i got a vote!
btw, GJ phat. no shame in being beaten by an chick. (at least if shes nekkid) :P
btw, GJ phat. no shame in being beaten by an chick. (at least if shes nekkid) :P
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bogy
05-25 01:31 AM
Hi Guys
I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??
Thanks! :)
I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??
Thanks! :)
Gigantic697
10-12 02:21 PM
I read somewhere that if you can provide a letter from the company stating that you are on an extended maternity leave and also that company has no problems with that, you maintain your status even though you are not getting paid.
sertasheep
04-03 06:01 PM
Latest issued I-94 card is always in force. Lets say that you went out of the country on whatever visa, and then you entered back. You'll get a I-94 at that time. (Lets call this "X")
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
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