mrdelhiite
07-26 02:29 PM
Thanks for your answers. I have already asked my friend to join IV.
Is there anyone who has recently filed labor - PERM ? Can you share your experience?
-M
Is there anyone who has recently filed labor - PERM ? Can you share your experience?
-M
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Jerrome
07-09 11:56 AM
How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?
Macaca
12-15 01:41 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
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arjunram
04-22 10:24 PM
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
more...
jamesbond007
05-08 12:35 PM
Subscription Payment Sent (Unique Transaction ID #88F033017L228660C)
In reference to: S-6SA40714TY0604400
Original Transaction
Date Type Status Details Amount
May 8, 2009 Payment To Immigration Voice Completed ... -$25.00 USD
In reference to: S-6SA40714TY0604400
Original Transaction
Date Type Status Details Amount
May 8, 2009 Payment To Immigration Voice Completed ... -$25.00 USD
RDB
08-26 12:09 PM
Nope, you are the not the only one unlucky! Same thing for me, 1 year EAD though PD is not current.....may be that indicates we will get our GCs soon :)
I will be surprised if I am the only unlucky guy
I will be surprised if I am the only unlucky guy
more...
radhikac
07-17 06:47 PM
I think we should organize a blood donation campaign for saying thank you. Something very constructive and should get medias attention and put IV in a positive and innovative light.
What do you all think?
What do you all think?
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chanduv23
08-14 11:14 PM
The fact sheet is a must read for all IV members. Please use this fact sheet and then judge yourself - whether you want to talk about receipt notices or go to the rally.
Singhsa3 and Macaca took a lot of pains and created it with a lot of effort. Good work.
Please distribute the fact sheet as flyers and send the facts as emails, on blogs, various websites etc... and spread the message.
Let the community have a realistic view of the situation.
If you still do not consider doing the rally - the this is ehat will happen - IV will do it with whoever comes - the strength will be low, and opposition will ride over us easily as we are weak.
So - please read the above fact sheet - this fact sheet is your reciept notice, and start heading towards DC.
Singhsa3 and Macaca took a lot of pains and created it with a lot of effort. Good work.
Please distribute the fact sheet as flyers and send the facts as emails, on blogs, various websites etc... and spread the message.
Let the community have a realistic view of the situation.
If you still do not consider doing the rally - the this is ehat will happen - IV will do it with whoever comes - the strength will be low, and opposition will ride over us easily as we are weak.
So - please read the above fact sheet - this fact sheet is your reciept notice, and start heading towards DC.
more...
bushman06
08-20 06:43 PM
I have travelled on an about to expire passport. It US immigration officer was nice and asked to promise him that I would renew my passport as soon as I got home.
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nayekal
02-20 06:17 PM
Hi
To best of my knowledge
A1. H1
A2. no time limit.
A3. Yes she needs H1 Stamping.
A4. You can reapply H4 for her
If I am wrong please correct me.
I disagree with A3.
She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.
IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.
To best of my knowledge
A1. H1
A2. no time limit.
A3. Yes she needs H1 Stamping.
A4. You can reapply H4 for her
If I am wrong please correct me.
I disagree with A3.
She doesn't haven't have a job, so no pay stubs and also no W2 form for 2008. It will be very difficult for her to get H1 stamping.
She can try for H4 stamping, but again it is also difficult as she is already on H1 and is out of status.But, may be it is not as difficult as H1 stamping.
IMHO, applying for I-539 from within US for H1 to H4, would be a better idea. This is what I did for my wife and she got approval within 2 months.My wife tried a lot for projects (she had 3 years exp) and she couldn't get one interview call in 5 months. I didn't submit her pay stubs, since has none. It is painful to go back to H4, but in this market, I think that is the best option.
more...
rockstart
03-01 07:28 PM
Were you working all the time in 2006 or were you on vacation? In case you were on vacation or medical leave or overseas for personal visit you can be on leave without pay. I am assuming 2006 was your 1st year so you definately did not have paid vacations. My advice is please document all your off time well this will help you.
Hey Tiger,
Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.
Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension
Hey Tiger,
Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.
Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension
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greenerpastures
07-20 03:09 PM
I have a few questions and much thanks for those who answer.
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
MScapbust,
You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
Good luck
1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
I heard that people who have held H1-B's in the past do not come under the cap. Is this true?
2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?
Thanks,
Much worried.
MScapbust,
You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
Good luck
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gc4me
04-23 02:43 PM
To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
Now a days it takes time. Almost 3 months.
URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :
-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.
I agree, the email response is no help.
Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?
Now a days it takes time. Almost 3 months.
URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :
-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.
I agree, the email response is no help.
Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?
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cinqsit
01-13 08:16 PM
Thanks a lot for the replies.
I have an infopass appointment for tomorrow. Are the infopass officers qualified to review the file and process it right away?
Nope infopass officers are not at all helpful. I found out that many are just
"half-trained" customer service reps who have access to whatever online
system USCIS uses. They can tell you if your background checks were cleared,
what your priority date is (if you have multiple I-140s) and if every thing
has been bundled together in your "A-file" or not.
I had a horrible infopass where the "officer" didnt even know what a I-140 was.
Try sending a clear letter to the ombudsman right away. Be very clear an give copies
of everything you have I-485 receipts, your PD, country of chargeability etc etc.
I did send a letter to the ombudsman in mid dec got a usual we have opened a
request with USCIS and you will get answer in 45 days 2 weeks ago. Last week
got a phone call - yes a phone call - from them last week saying they got a email from USCIS saying my case is being fowarded for adjudication and you will get a result within 30 days.
Best of luck
cinqsit
I have an infopass appointment for tomorrow. Are the infopass officers qualified to review the file and process it right away?
Nope infopass officers are not at all helpful. I found out that many are just
"half-trained" customer service reps who have access to whatever online
system USCIS uses. They can tell you if your background checks were cleared,
what your priority date is (if you have multiple I-140s) and if every thing
has been bundled together in your "A-file" or not.
I had a horrible infopass where the "officer" didnt even know what a I-140 was.
Try sending a clear letter to the ombudsman right away. Be very clear an give copies
of everything you have I-485 receipts, your PD, country of chargeability etc etc.
I did send a letter to the ombudsman in mid dec got a usual we have opened a
request with USCIS and you will get answer in 45 days 2 weeks ago. Last week
got a phone call - yes a phone call - from them last week saying they got a email from USCIS saying my case is being fowarded for adjudication and you will get a result within 30 days.
Best of luck
cinqsit
more...
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gcbum
08-01 04:59 PM
After the lawerand medical examination took a long time my concurrent filing applicaiton was over night fedexed on Jun 28th from nj to nebraska and fedex did not pickup on Jun 28th due some weather and they try to deliver on Saturday which was Jun 30th and finally it was delivered on July 2nd 7:55AM and the check also not encashed and application also not returned.
:mad:
:mad:
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lvinaykumar
07-02 02:16 PM
all i can say is they are taking us for granted. If we don't do anything about it they will continue to do this again and again. We should fight back. Put a lawsuit. I have take a vacation to get the documents done and also pay for my medical exam. Which costed me lot of money. I don't mind spending few more to fight for what was taken away from me..
I am going to contribute as soon as i get my pay check this month.....Lets fight.
I am going to contribute as soon as i get my pay check this month.....Lets fight.
more...
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Sakthisagar
04-22 03:45 PM
Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
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kbsyed61
06-04 02:41 PM
A friend of mine got his approval email yesterday.
His details are:
PD - April 12 2003.
I-485 RD - Last week of June 2008, ND - July 16th 2007.
Received RFE 5/14/08. (Previous I-94 copies, Wife's Vaccinations)
Reply to RFE - 5/30.
USCIS got acknowledgment 5/31. Soft update again on 6/02.
485 - AD - 6/03 received email about card production ordered.
His details are:
PD - April 12 2003.
I-485 RD - Last week of June 2008, ND - July 16th 2007.
Received RFE 5/14/08. (Previous I-94 copies, Wife's Vaccinations)
Reply to RFE - 5/30.
USCIS got acknowledgment 5/31. Soft update again on 6/02.
485 - AD - 6/03 received email about card production ordered.
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sam_hoosier
03-11 04:50 PM
I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
LOL......:D:D
1. Can "A" work for his wife and also get paid in check?
- I get nothing, why should you?.
2. Can "A" have a second job in his wife's company and retain his original job?
- Come on man, her majesty's service has to be your first job.
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
- No comments
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
- Every thing is legal, till you are caught. See Elliot Spitzer..
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
- Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
- No comments
7. Can "A" work as volunteer in his wife's company?
- Come on buddy, you volunteered for the service the day you got married.
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
-No comments
LOL......:D:D
vinzak
01-02 12:07 PM
You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
thomachan72
10-04 03:09 PM
That was for Indian residents, don't think IRS recognizes PF, it wouldn't get tax benefit here. 8% FD after tax is still 5.5% annual interest.
Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.
Yes I meant tax deduction under Indian income tax not IRS.
Also I checked online and the max deposit permitted per anum into the PPF acount is only Rs 70 thousand. I am not sure yet whether NRI can deposit.
Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.
Yes I meant tax deduction under Indian income tax not IRS.
Also I checked online and the max deposit permitted per anum into the PPF acount is only Rs 70 thousand. I am not sure yet whether NRI can deposit.
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