Vsach
07-12 10:12 PM
Dear All,
If IV as a organization decides to file a law suite I shall contribute, decide the amount!
Regards
VSach:)
If IV as a organization decides to file a law suite I shall contribute, decide the amount!
Regards
VSach:)
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iamgsprabhu
04-20 04:36 PM
I am now confused, do we have to pay for the EAD renewal fee, has some thing changed ? let me know the fee for renewal.
FYI: My 485 receipt date is Aug 12 2007.
FYI: My 485 receipt date is Aug 12 2007.
glus
02-19 01:54 PM
Hello, I'm wondering what steps I need to take in order to help my husband become a US resident (eventually a citizen but one step at a time). I have figured out that we need to fill out an I-130 but I keep seeing everyone talk about an I-485 and I'm curious if we need to use that one as well, and how many others???
Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.
I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3
hi,
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.
I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3
hi,
Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.
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sujan_vatrapu
10-21 10:18 AM
Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.
I have been saying this over and over, Dems are pro-immigration but they are not pro-legal immigration, just because grassley is anti-immigration does not make the whole republican party is against immigration, get the facts right, aint schumer the one who introduced this special fees on h1-b to put republicans in defense, few senators like mccain (R-AZ) spoke against the provision, bush pushed congress to increase the h1b quota and tried to pass CIR twice, isnt clinton the one who let illegals file AOS in EB3 which is why EB3 is stuck in 2001?
I have been saying this over and over, Dems are pro-immigration but they are not pro-legal immigration, just because grassley is anti-immigration does not make the whole republican party is against immigration, get the facts right, aint schumer the one who introduced this special fees on h1-b to put republicans in defense, few senators like mccain (R-AZ) spoke against the provision, bush pushed congress to increase the h1b quota and tried to pass CIR twice, isnt clinton the one who let illegals file AOS in EB3 which is why EB3 is stuck in 2001?
more...
flresident
04-08 01:55 PM
Question regarding Current Immigration Status field on EAD renewal form:
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.
BTW, I used paper filing for both of us.
Thanks for your input.
satyasaich
07-20 06:43 PM
Can you please provide me a bit more insight for this topic or please point me where i can get some more details, if possible.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
I'm on H1B 8th year, stuck with EB3 Retro with a priority date of Nov/03. My wife has a PhD in Molecular Biology, one of the hot subjects all across the globe.
I'll truly appreciate
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
more...
amitjoey
04-16 04:02 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
I-140 has been denied in my case too. My case is fairly simple, My own labor- India EB3 June 2003. I-140 filed OCT2006 - RFE on ability to pay Nov 2007.
I-140 denied- March 2008. Lawyer says, no basis for denial, as everything is clear, getting paid more than the labor-certification. MTR to be filed soon.
I am not worried at all.
Hearing about a lot of denied I-140s- No basis.
My take: USCIS is overworked, and the quick way to get rid of the backlog- deny enmass.
Thanks
I-140 has been denied in my case too. My case is fairly simple, My own labor- India EB3 June 2003. I-140 filed OCT2006 - RFE on ability to pay Nov 2007.
I-140 denied- March 2008. Lawyer says, no basis for denial, as everything is clear, getting paid more than the labor-certification. MTR to be filed soon.
I am not worried at all.
Hearing about a lot of denied I-140s- No basis.
My take: USCIS is overworked, and the quick way to get rid of the backlog- deny enmass.
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nlssubbu
01-10 01:29 PM
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
more...
amitga
12-06 04:41 PM
I came from India to US on a intercompany transfer on L1 Visa. After 3 yrs I left the company and joined another one on H1B. Now I Joined back the old company and in the mean while my old company sold its Indian subsidiary. I am asking them to file an EB1 for me, but they are telling me that since they have sold the Indian Subsidiary, now they cannot file EB1 based on that company transfer.
In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.
Please let me know your view.
In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.
Please let me know your view.
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skumar9
04-13 03:20 PM
In my Query it states as 30 days...
more...
ivuser9
12-03 10:48 AM
Congrats!!!
If you can post interview details it will be very helpful? and also details abt ur night stay the hotel etc.
If you can post interview details it will be very helpful? and also details abt ur night stay the hotel etc.
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vine93
03-10 01:12 AM
bump
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aug2007
02-24 12:27 PM
Thank you chanduv23. Your response clarified and gave the information on what I'm looking for.
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TeddyKoochu
01-24 10:04 AM
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
more...
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johnamit
07-18 09:47 AM
this window of opportunity to file 485 till August 17th will provide some interim benefits to most of us but we are destined to see long long wait before 485 approval. So I suggest we keep doing our efforts to get achieve other goals like recapture of unused visa number and things of that nature. We need a course of action to raise our voice which could include interaction with congresswoman, rally, letters from Hitech industry leaders and other things of this nature. I am hoping Core will come up with a plan soon.
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psaxena
10-20 12:38 PM
RealClearPolitics - Election 2010 - Iowa Senate - Grassley vs. Conlin (http://www.realclearpolitics.com/epolls/2010/senate/ia/iowa_senate_grassley_vs_conlin-1217.html)
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
This is going nowhere... Guys what are prospects of Grassley winning the Nov elections...I hope he looses
more...
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imv116
06-06 05:26 PM
Hi,
I have some questions in regard to using AC21.
Using AC21, what are the risks involved with I140, provided it is:
1. Already approved and more than 180 days after filling I485?
2. New job/position is “same or similar” as mentioned in I140?
Situation:
1. Employer wants to revoke the I140 or in way threatens
2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.
Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
http://www.murthy.com/news/UDportme.html
Please give your suggestions
Thanks All,
IMV116
I have some questions in regard to using AC21.
Using AC21, what are the risks involved with I140, provided it is:
1. Already approved and more than 180 days after filling I485?
2. New job/position is “same or similar” as mentioned in I140?
Situation:
1. Employer wants to revoke the I140 or in way threatens
2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.
Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
http://www.murthy.com/news/UDportme.html
Please give your suggestions
Thanks All,
IMV116
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kaisersose
10-15 09:34 AM
Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
My friend is working in a medium company for 5 years after he got GC.
Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
here are examples...
1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
2) during discussion do not use any US slangs. Talk to them in simple english.
3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
4) know something about cricket. Indians love cricket game.
The correct term is Offshoring.
Outsourcing is handing out some functions to another company which does not have to be in a foreign country. For example the visa bank outsources a lot of its work to IBM.
Offshoring is sending jobs outside the country, not necessarily to another company (may be a new branch of the same company). For example, Ford opens a new plant in Mexico or Phillipines and ships out a 1000 jobs to this new plant. It is still the same company, but the US jobs are gone.
Offshoring experiences are bitter/sweet for most companies. They have the cost advantage, but they have to compromise on quality of work. But love it or hate it, they cannot choose to avoid it. Offshoring is here to stay.
My friend is working in a medium company for 5 years after he got GC.
Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
here are examples...
1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
2) during discussion do not use any US slangs. Talk to them in simple english.
3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
4) know something about cricket. Indians love cricket game.
The correct term is Offshoring.
Outsourcing is handing out some functions to another company which does not have to be in a foreign country. For example the visa bank outsources a lot of its work to IBM.
Offshoring is sending jobs outside the country, not necessarily to another company (may be a new branch of the same company). For example, Ford opens a new plant in Mexico or Phillipines and ships out a 1000 jobs to this new plant. It is still the same company, but the US jobs are gone.
Offshoring experiences are bitter/sweet for most companies. They have the cost advantage, but they have to compromise on quality of work. But love it or hate it, they cannot choose to avoid it. Offshoring is here to stay.
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lacrossegc
09-06 05:34 PM
bkarnik , I agree ...but ABC USA and ABC Canada are two totally seperate companies for immigration/H1/GC purposes.
When working in US --- ABC USA will have to pay US wages per H1B LCA, ABC Canada doesnt pay
When working in Canada -- ABC USA pays nothing, ABC Canada pays
Tax implications are complex :) but as far as I know, If taxes are being filed in US, Worldwide Income will have to be reported on the 1040 OR else file 1040 Non-Resident in which you can report only the US wages.
!!! Ask a lawyer and a tax advisor !!!!! better be safe than sorry .... but I believe that the scenario described is justifiable and legal
I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.
When working in US --- ABC USA will have to pay US wages per H1B LCA, ABC Canada doesnt pay
When working in Canada -- ABC USA pays nothing, ABC Canada pays
Tax implications are complex :) but as far as I know, If taxes are being filed in US, Worldwide Income will have to be reported on the 1040 OR else file 1040 Non-Resident in which you can report only the US wages.
!!! Ask a lawyer and a tax advisor !!!!! better be safe than sorry .... but I believe that the scenario described is justifiable and legal
I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.
immigrant2007
07-19 09:05 PM
It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.
The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!
Hi Rajenk
thanks for the information
The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!
Hi Rajenk
thanks for the information
kun
08-03 11:14 PM
I am a July 2nd filer. I called up USCIS and the customer service rep said I have cleared namecheck. Not received my GC yet.
PD Jan 05
PD Jan 05