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bslraju

09-14 11:42 AM

Thanks in advance gurus!!

the job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."

Will this be a problem??
as one of EB2 requirement is BS or equivalent US degree with 5 years of experience.
But this job desc says its 4-6 years..
Shout it say 5 or more years ??? please help me by commenting on this!!

(This is my 10th year in USA, I would have become UK citizen if i have gone to UK in 2000)

Thank you,

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HumJumboHathuJumbo

01-08 12:41 PM

While I-485 is pending, how to change spouse's last name?. For that matter, how to change spouse's last completely in every agency(like ssn, paychecks, credit cards, green card, passport, drivers license). Is this list complete?. which one should i start first?.thanks

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gconmymind

11-12 03:35 PM

Gurus,

I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

Will I have to pay taxes in USA.

Thank you for your time.
If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
If you are getting the work done from India, only then your clients can pay your company in India.

This is my understanding. Talk to your lawyer and CPA.

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neerajvir

07-13 09:06 AM

And fowarded to others that are affected.

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Legal_In_A_Limbo

03-07 01:01 PM

Has anyone self filed G-28?
I will relaly appreciate if they can guide me.

Thanks

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nousername

02-27 07:14 PM

I don't think so.. Back in 2002 I was in similar situation (f1 to h1) and to best of my knowledge I was only able to get part of my federal taxes back.. In fact I remember paying some additional state taxes at the end of the year.

If I was on F1 full time for that accounting year then they would have given my taxes (not ssn or medicare) back but I switched to H1 and made more money, which pushed me into a different tax bracket.


Hi Guys,

I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.

Will appreciate if u could help.



Thank you in advance.

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Leo07

05-20 05:06 PM

Bump^^^^^^^^^^^^^^^^^^^
how many in this forum are yet to file aos?

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Before I go on with this anime

sunelhulikere

08-28 04:45 PM

I was in a similar situation but since I had efiled, i had the LIN #. So i sent the photos after 2 weeks from my filing date. Did not wait for RFE. I received approvals on AP. In your case, you dont have a choice. In case you checks are cashed, try to capture the receipt # and then send the pictures by referncing the receipt #. It will make your case processing faster.

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gc_maine2

05-15 11:44 AM

Good JOb Learning01 for your efforts, and Thanks Ras4u for posting it..

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admin

04-03 07:11 AM

jinger,

If we ask for everything, we will end up with nothing. If we do not focus on a certain set of issues, we're just setting ourselves for failure. It is not that we're misleading others either. We've always been very open about our goals. We never claimed that we're going to represent every immigrant's wishes.

While what GCwaitforever, has asked is for a very good reason, we're right now focussed on bringing the maximum good to the maximum number of our members.

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kriskris

08-30 05:46 PM

Hi IVians,
I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.

Thanks
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.

That is one way to wake upů

Rb_newsletter

09-16 01:39 PM

Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?

because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.

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eilsoe

10-17 07:36 AM

I use Jasc Animation shop 3 to make my gifs.. just make the jpg's in photoshop, and then import to Animation Shop 3...

It even has loads of transition effects! :)


It comes with Paint Shop Pro 7...

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hobbyaddict

December 3rd, 2008, 04:22 PM

It's here! On time, and as described in ad. This weekend it will get it's first workout... Reading up on new features. I am going to set a few test "banks" (pre-sets) based on last years experience at that facility. Hoping that only minor tweaks are necessary once there.

Fun...

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AGC4ME

01-12 07:05 PM

Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?

Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you.

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jackrock79

01-13 03:56 PM

Yes. This is an old case.

Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?

Thanks!!

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geesee

08-14 03:31 PM

am also actively looking/shopping around to get a decent life insurance quote. meeting one broker tomm. she'll give me approx. rates for metlife, ny life and few other life insurance companies.. will PM you if i find competitive rates.

$50 for 1/2 mil. seems lot of money! is that ROP term or just plain term life insurance?

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jungalee43

03-05 11:47 AM

Our friend from AL: - "interested in SAVE act". He wants to see it move in House.
Looks like there would be some debate. This way or that.
All the talk about Illegals. So nothing that they discuss apply to us. Though I missed something, they are not saying a word against us.

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panduputhran

07-27 03:50 PM

I see 2 sets of people in this forum. One who has recent priority date (2005-2007) and they want to process I-485 by receipt date and another set who has much older PD, they want I-485s processed by priority date.

Guys, this is awkward.. There is no point in keep fighting and speculating..we will wait and see

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msekhargc

06-21 11:41 AM

Thanks for your response

As per my employer adv :

Required degree : Masters degree in Engineering or related field (no experience)

The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.

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sanju_dba

02-13 12:14 PM

You guys mean "ONLY" when your PD is current? right? :rolleyes:

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logiclife

07-23 11:11 AM

I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

Would my transfer affect my 485 processing. If yes, is there a solution?


GUYS: Do not advise if you dont know AC21 portability for sure.

To CanadianIndian:

No. Nothing will be impacted. You can move to a new location.

During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.

After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.

If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.

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coolpal

02-09 10:02 AM

****SPAM ALERT!!!*****
Block the posts from the new spammer member "iamlove649". He/It is posting messages with some advertising at the end to all the threads...

pal :)

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GotGoose?

04-08 03:14 PM

Ok, I have added anti-aliasing to one of them and I think it looks better.
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STAmisha

11-17 05:47 PM

Please do post it.
I will also follow up with my lawyer.

Thanks

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theOne

05-24 01:15 PM

Yesterday I signed up for recurring payment of $50 per month. I already donated about $300. Will someone tell me it is being used for the common good to make me feel good ?

Thanks,
theOne

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cessua

09-11 07:00 PM

Were you really expecting that any bills were going to pass? In the politics world it is all about compromise, no one will vote for anything tht can risk their image before the election. Let's put it this way... you are a law maker... what to would you care about? immigrants or yourself?

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theshiningsun

09-28 11:19 AM

Yes. You can file another FOIA to get the I-140 approval notice.

You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

I hope this helps.

it did not work for me.

i filed an foia request and got I-140 petition with approval on it but not approval notice. so i filed 2nd foia request asking specifically for I-797 of I-140. but i got a letter saying that the file does not hv an approval notice, so they sent me the I-140 petition once again.

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talduk

March 24th, 2005, 04:04 AM

Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
Thanks.

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dixie

08-18 12:44 PM

There wont be too many takers for this premium processing for EB3. whats the point in getting i-140 in a jiffy if you have to wait 4+ years to file 485 after that ? The only ones it can help are those seeking 3 year extensions and those seeking to change employers.
Hi
http://www.immigration-law.com

--must be of great help
-Rao.

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spicy_guy

09-08 05:44 PM

Hi all,
I know the Forums are still pretty active but is the IV Organisation itself still active?

I came across the IV website yesterday and was really stuck by the mission statement of the Organisation. I did not think twice - went ahead and got registered and made one time donation. I even voted for one of the polls for Sep 18 rally and making plans to visit DC but only to realise today that it was really old one :) Also when I was reviewing the forums today I realised that most of the activities seem to be around years 2006-2007 - like Fundraising Campaign or Media News ,etc.

Appreciate anyones response to let me know if IC is still active. Please do not direct any personal attacks. I did not need to explore GC info so far since my GC was started only during March of 2010 & got my Lc approved only yesterday.

If the organisation is still active, I am looking forward to joing the CT chapter. Thanks!

It IS active.
Welcome and good luck!

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nousername

05-06 07:36 PM

update your profile first

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mirage

07-11 01:29 PM

1 year from now, only EB3-Indians with PDs of 2001-2006 will hang on the IV website. Everybody else(or atleast 99%) will be gone...
We will need help renewing our EADs and AP each year forever...and will seek answers on wague rules and regulations USCIS/DHS will keep putting in

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here4gc

07-17 12:46 PM

Can we get all pending I140 (Stuck from July) and all pending Eb3 and Eb2 (Whose PD Current and no I140) to collaborate and lets talk about a mandamus class action with all of us being members of the class ??

Come'n guys, show some traction...lets FIGHT

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syedajmal

08-14 03:03 PM

I e-filed both my EAD and AP. My EAD has been approved while I just recieved an RFE for Photos for AP. I was under the same assumption and did not send in the photos earlier. I did send it now with the RFE.

My 2 cents, When they ask for something give it to them. I mean if they need to take fingerprints every year with EAD, this is much less stupid.

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psvk

05-20 12:32 AM

mrane1,
Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.

Did you guys get a receipt notice, In my case I did.

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amigas por siempre

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superdude

07-31 07:18 PM

Hi All,

We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.

Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?

I heard that mexico has different rules?

Thanks for your help.
Got stamped twice in Canada. I have MS from USA. When I went for the second time my friend came along with me who did not have a degree from US. He also got the VISA.
There was couple came for H1 renewal and for H4-H1. His wife could not get H4-H1 as she was having a degree in Commerce and working for a small consulting comp. VO gave her H4. I did not know the actual details of her case though.

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GCMD0203

09-17 01:18 PM

Gurus please help

Hi,

I'm in the same boat as you (I140/I485/I131/I765 - filed concurrently). I'm trying to self file for my H1 extension. I was not sure about one question on form I-129 part 4.7 the question is

Have you ever filed an immigrant petition for any person in this petition?

Last year when I filed for H1 extension I had checked 'NO'

But now that I-140 is pending, I'm not sure if I should check 'YES' or 'NO'

I will appreciate if you can help me with this.

Thanks,

AMIGOS POR SIEMPRE¡¡

xlr8r

09-15 02:58 PM

This is bizarre stuff.

It says that NSC I-140 processing date for EB2 is March 13, 2008. Since when did they become so efficient to jump from July 6th, 2007 to March 2008? I guess they mistakenly typed 2008 instead of 2007?

Those lazy bums had better get ready for an onslaught of Service Requests.

2011 amigos por siempre.

amigas por siempre

shantanup

05-28 01:12 PM

Go and talk to your local congressman about your situation. Ask him / her to do something to solve this problem. You have a genuine case. He / she has to respond.

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snathan

05-12 07:05 PM

My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

2010 amigos por siempre.

hetuweb

08-31 08:17 PM

Dear friends

I'm very excited to say that I got my green card approved. Thank you for all of your support.

My status change will not change a bit of my support to IV. I will continue to contribute what I contribute now, until we are sucessful. I'm not successful, until everyone of you is not successful in pursuing your green card. I hope and pray that my stand will motivate non contributing friends to contribute.

Friends and folks, we did not have any organization to support ourselves. So far we had to take anything shoved upon us. But the emergence of IV changed all that. Contribute and support IV. Because IV is our voice!!!


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amigas por siempre.

rvr_jcop

02-18 11:15 AM

Incorrect.

As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

______________________
Not a legal advice.
US citizen of Indian origin

Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.

I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...

2010 AMIGOS POR SIEMPRE¡¡

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cram

08-16 08:16 PM

Did you receive the FP notice or your attorney or both??

In my case, both my attorney and I received the FP notices.

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iqube00

06-30 03:44 PM

My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".

The letter does not say if they are going to reschedule OR the reason for cancelling.

I am a July 2007 applicant and this is the first FP appts we have got.

Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.

My case is in TSC.

Any comment is appreciated.

Thanks.
Bipin :mad:

Same boat. Glad to hear that I am not the only one. I had my app. on July 7th at Cincinnati ASC and I got this letter saying 'APPOINTMENT CANCELED - No need to appear at ASC'

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04-16 09:04 PM

I cannot read the above post

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rvr_jcop

02-17 11:33 AM

Ok ..
Now I dont want to change my employer .
But my employer doent pay when I am on bench . So I may not having paystubs after March .
Will it cause any problem to H1 extention ?

Ofcourse, if H1-extension requires the last couple of pay checks, there is a possibility they would ask for the 'latest', as opposed to March pay stubs, if you apply for extension say in August. Again, if you apply for extension in April with March paystubs (within 6 months of expiry), then there is a less possibility. But you cant rule that out if they ask for latest stubs in the potential RFE in the future. So its up to you.

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MYGCBY2010

07-27 03:03 PM

The job order will contain the job description. This will be in the Labor Application. Usually when a 140 is being applied, the employer will provide you the job order and tell you to ensure your experience letters are in line with the Job order.

You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.

The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.

But to Invoke AC21 and for subsequent adjudication of 485 without issues, nature of the Job should be same or similiar. What are the options by which I could find my Job nature.. Since I don't have a labour copy or i-140 info.. Any inputs ?

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I received my 140 and 485 denial letters on Mar 19th. The reason cited for the 140 denial letter was "effect of failure to respond to a RFE". I received the RFE on my 140 dated Feb 8th on Feb 15th and my law firm sent out the response to the RFE that reached TSC on Mar 11th as per the Fedex receipt.

What are my options going forth:

(1) File a MTR? should I file this myself or work with my law firm on this? What is the effort involved in filing the MTR as I understand from the denial letter that I have until Apr 14th to file the MTR?

(2)Is there any other means to communicate with TSC that my RFE response was received at TSC within the 33 day time limit and hence there is no basis for this denial?

(3) Re-file a new 140 petition?

Any inputs and other suggestions are appreciated

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perm2gc

08-14 03:34 PM

Mr.Bush when you will think of US other than cubans and mexicans..:confused: :confused: :confused: :confused: :confused: :confused: :confused:

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don't worry.

The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!

They can't age out children just because they sit on an application for 5 years...

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I know it is a loss in priority date. But my point is: "does fighting with the lawyer, give him his time back?" In fact by that he is loosing his valuable time and energy further.

If there is "ANY" method to get his "LC" approved with the same priority date, I totally agree he should do that.

That is what I mean by "focus on your goal". If your goal is to fight with lawyer for a cause, just do it. You will at least feel happy that you did the right thing, whatever you felt right.

Also "you pay the lawyer to represent you and to do things for you". The "payment" is not for a 100% error-free service. It is always back on your shoulder to make sure the lawyer is doing the right thing. Many of you may not agree, but that is my view. It is just a service. Not an "error-free-guaranteed" service.

You must be a lawyer, the ambulance chasing kind. Try the same line of argument with your boss when the system (assuming you are a IT guy) that you built and deployed into production fails and you want more money to fix your errors.

The reason we engage a lawyer and not do the stuff ourselves is because we don't know enough of the (unnecessarily complex) US immigration law. The least thing the lawyer can do is review the form before submitting it to DOL.

No wonder with guys like you, like teli said, we are stuck in an absurdly long immigration queue.

To the original poster, file a MTR (Motion to reconsider) soon with the help of another lawyer if possible with an explanation of the error. If the mistake is genuine, DOL will reopen your case.

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I will be happy with the following requirement (that is lower then the carpet).

Don't have to mantain status. That is, absence of pay checks is not required.

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