sam_hoosier
09-15 12:40 PM
Were there some problems with the case ? RFEs ??:confused:
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abhishek101
01-13 03:39 PM
There is nothing you can do going forward. You broke the law and as such the punishment is more severe than simple monetory fine.
If it is caught then they will cancel your H1b and will invalidate your GC.
If they do not you are good :D
If it is caught then they will cancel your H1b and will invalidate your GC.
If they do not you are good :D
kaisersose
10-11 02:17 PM
There is no problem here.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.
If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.
Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.
In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.
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lazycis
01-15 11:15 AM
Finally, I found it in the federal regulations. So it's the federal law.
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
more...
ebizash
10-08 10:50 AM
It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.
Isn't this exactly what we have to go thru here in US by paying SS Tax?
Isn't this exactly what we have to go thru here in US by paying SS Tax?
rajeshalex
03-14 09:15 PM
Hi All,
We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.
Also let me know what all documents you guys carried.
Thank you
rajesh
We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.
Also let me know what all documents you guys carried.
Thank you
rajesh
more...
Legal_In_A_Limbo
04-28 11:43 AM
The thing is it is kind of strange that they are working on Sundays to reopen cases.
I hope things work out for good for everyone.
I hope things work out for good for everyone.
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ajay
12-02 09:58 PM
Thanks for sharing this good news.
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LondonTown
05-25 08:03 AM
Sent the fax.. going to call...
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greencardvow
08-03 06:59 PM
H1B and 485 are two different processes. H1B extension has nothing to do with your 485 filing. If the priority dates are not current at the time of filing H1B extension and 140 is approved you are eligible for 3 year extension...
Fire your company lawyer for incorrect information.
Fire your company lawyer for incorrect information.
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Desi4GC
08-07 08:47 PM
Hello members,
I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records.
How should I present this on form I-485 (question about citation/arrest)?
I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records.
How should I present this on form I-485 (question about citation/arrest)?
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franklin
07-14 09:58 AM
Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.
What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world
What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world
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pa_arora
07-02 12:09 PM
Read that again..they said it right..."All numbers available to these categories under the FY-2007 annual numerical limitation" have been made available.
SO to say they have made available whatever they had for 2007..and they are now out of it.
-p
===================
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made "available".=============
================================
I think they meant to put UNAVAILABLE there....
bastards dont know how to spell !!!
SO to say they have made available whatever they had for 2007..and they are now out of it.
-p
===================
Effective Monday July 2, 2007 there will be no further authorizations inresponse to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation
have been made "available".=============
================================
I think they meant to put UNAVAILABLE there....
bastards dont know how to spell !!!
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eb3_nepa
02-12 06:23 PM
Bang on.
People discuss Visa Bulletins to no end, but why don't they pick up a pen and paper to DO SOMETHING that will render Visa Bulletins virtually meaningless ("ability to file I-485 without PD being current")?
Here is an additional few things that the IV Core could do to ease the PAIN of the several individuals (not the GC pain, the mailing out of the letters pain)
1) Arrange a door to door bus service to pick up the letters from people.
State chapters: CHOP CHOP what are u waiting for, lets get those buses moving!
2) While they are at it maybe the IV voluneteers can also vacuum people's apartments, wash up their pets, potty train the kids, do the dishes the whole 9 yards.
State chapters: WHY are you still glued to ur rears, where is my own personal volunteer??
3) Since IV has unlimited funding, maybe it can also Overnight FedEx all these letters to the White House.
State chapters: Sigh! (Forget it!)
Hey here's a better idea. Why dont WE copy and paste the template from the thread, personalize it, print and sign 2 copies, find 2 envelopes one big and one smaller put a stamp on each one and mail the whole thing out to IV?
Too much work or too much INERTIA?
(Bring on the RED Dots)
People discuss Visa Bulletins to no end, but why don't they pick up a pen and paper to DO SOMETHING that will render Visa Bulletins virtually meaningless ("ability to file I-485 without PD being current")?
Here is an additional few things that the IV Core could do to ease the PAIN of the several individuals (not the GC pain, the mailing out of the letters pain)
1) Arrange a door to door bus service to pick up the letters from people.
State chapters: CHOP CHOP what are u waiting for, lets get those buses moving!
2) While they are at it maybe the IV voluneteers can also vacuum people's apartments, wash up their pets, potty train the kids, do the dishes the whole 9 yards.
State chapters: WHY are you still glued to ur rears, where is my own personal volunteer??
3) Since IV has unlimited funding, maybe it can also Overnight FedEx all these letters to the White House.
State chapters: Sigh! (Forget it!)
Hey here's a better idea. Why dont WE copy and paste the template from the thread, personalize it, print and sign 2 copies, find 2 envelopes one big and one smaller put a stamp on each one and mail the whole thing out to IV?
Too much work or too much INERTIA?
(Bring on the RED Dots)
more...
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gmail
07-22 03:14 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
It is not withdrawn. I-140 was approved in April, 9 months after I-140/485 were filed. However the old employer would withdraw it if he knows. Most US employers don't have too much a clue of GC. He'd love to see me getting into trouble.
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jungalee43
01-11 09:10 AM
Nice to know that I could be of some help. Thanks for letting me know.
Wish you good luck in your AC21 as well as GC journey.
I think all of us would need to add one day in DC as a part of this journey.
Wish you good luck in your AC21 as well as GC journey.
I think all of us would need to add one day in DC as a part of this journey.
more...
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yagw
10-31 06:43 PM
I am planning to shift employers and I have a question:
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
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onemorecame
03-18 11:37 AM
Received a USCIS email notification today, for my pending 485 (EB3), priority date not current. Waiting for the RFE details, the RFE was only for the primary applicant not for the dependents.
Please update your profile
Please update your profile
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ricky26
03-14 10:24 AM
As long as you have valid H1/H4 stamping in your passport you can travel in/out of the country freely.
H and L visa's are exempt from having AP as long as they have stamp in their passport.
H and L visa's are exempt from having AP as long as they have stamp in their passport.
Sooner2
03-13 11:44 AM
I am from MA and was able to remit using their service earlier, but it has been temporarily disabled for now.
H1Girl
11-12 05:31 PM
The original poster "getrdone" wrongly pressed panic button. There is no change from 2004 thru till now. I went to mexico several times for stamping. I have seen several people who got stamping for H1-H1 & F1-H1 (Safe), H4-H1 & B1-H1 (Lucky guys)...In anycase, taking Mexican Visa (though absolutely not mandatory) is advised