Friday, June 17, 2011

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  • vamsi_poondla
    01-19 01:17 PM
    Thank you for correcting. I was under the impression that most of the folks were pre-July 2007 filers (retro effective fees until Aug 17th ruling given by CIS). So I thought all impacted by June and July bulletins will be paying a lot without the admin fixes. And the whole hassle of renewals every year. Just cant imagine that we are in a developed country with such silly rules and all. This country needs immigrants now more than ever...People like us who can act, change and move things in a pragmatic way...

    Like you said...$2 is many times cheaper even if it is combo filing according to new fees. Let us not procrastinate further...this weekend, let us complete the letter and mail it.

    All, please act...time is the essence.


    The contrast correct, however the math behind is slightly wrong:

    Special Instructions :

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D

    So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.




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  • amitjoey
    03-09 03:40 PM
    For the second I-140, He should have applied asking for the previous Priority date. I am not sure about this, but if there is a way to get previous Priority date of Dec-2002 on the EB2 (NEW I-140). Then s/he would be current (assuming India, China).




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  • SGP
    03-25 03:48 PM
    Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

    Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
    ________________________________
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?




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  • nviren
    10-26 04:05 PM
    I did not see lot of approvals coming out from Nebraska this week.

    Wondering why they are so silent?

    Have they changed their focus?

    Any ideas?



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  • saimrathi
    08-22 02:23 PM
    I'm on the same boat.. I-129 & I-539 recd on 7/16 at VSC and LUD of 7/19

    Friends Need Advise Please!

    My 485 packet reached NSC on July 2 with an approved 140 from TSC and no CC or receipts yet. My 140 has LUD of 08/12. God only knows where my 485 packet is lying. I applied for my 1st H1 extension at VSC which has a receipt date of July 12. I am planning to upgrade my H1B application to premium because my drivers license is expiring on Sep 30.
    My questions here is,
    1) Would there be any problem if my H1b is approved in premium with a new I-94 while my 485 is still lying with USCIS with out the recipts.
    2) Would a new I-94 jeopardize my 485.
    3) Is there any relation between H1B extension and 485 receipting.

    Any answers would be greatly appreciated.




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  • GCard_Dream
    06-25 01:00 PM
    I have done this successfully couple of times and don't see any problem with it. It does save money and picture quality is great, if you have the proper setup at home.

    Would taking a picture using a digital camera at home and print them out ourselves help....not trying to be greedy but trying to get good quality pictures compared to crappy CVS/Walgreens/Costco/etc. picutres....what do u think guys?



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  • neerajkandhari
    06-04 10:22 AM
    You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.

    My I 140 was approved in Aug 2007
    I have a 485 pending
    Do i need to be in working for all the years till i get a green card
    I will be able to provide a job offer letter in the same position in which my green card was sponsered with same or higher salary
    Will it be enough to get my 485 approved ?

    Your Advice will be appreciated




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  • njboy
    07-26 10:35 AM
    according to what you typed-your priority date is june 2006..so if i were you, i wouldnt worry much about it..however, your lawyer is right that incase your company revokes your labor, you might be in trouble.
    even if your i-140 gets approved, you'll have to start from scratch in the new company - ie, file a new labour, advertise, etc etc. only advantage is, you might be able to keep your priority date.
    why dont you try this - wait for your i-140 approval, and ask your new company to file an h1 extension based on this. see if you get a 3 year extension. if you do, you are good to go



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  • hsingh82
    02-24 02:41 PM
    Yes this is discussion forum but we have Job to get it done through our members. if members doesn't help us financially then we are loosing our edge. Nothing is free here (America), all actions are cost associated with it just calling senator or writing letter is just part of action.we need to convince our fellow member to contribute financially like donating money for good cause.Thanks

    I agree with you that IV needs money for the good cause and it has to come from donations. All I am saying is if someone like me who is on H1B and can't fill the profile wants to reply to someone's query then IV should not be charging me for that because I have no dates in my profile. Money has to be generated but not at the cost of popularity of IV and defeating the purpose of IV as a common platform for all legal immigrants.




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  • coolmanasip
    07-19 09:49 AM
    If we submit tax returns with 485 AOS application then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.



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  • tp976
    12-31 01:53 PM
    No FP notice either. Check signatue for more details.

    sept 11 notice date, EAD approved for spouse and me. case transferred to TSC, no FP yet




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  • thomachan72
    10-04 02:50 PM
    I don't think so, only Green cards and citizens are charged on world wide income.

    Tony I wish what you said was true. There has been a great amount of discussion among our members a few months back when the last date for such disclosure was and the majority opinio was that everybody has to report all foreign accounts containing more than 10K. Interest on FDs are taxable and if you already paid tax in India then you have to disclose that in the IT returns here.
    Anyway I dont know whether they would take the pain to check out all resident aliens who have bank accounts in their home countries unless, as you said, they become US citizens/GC holders.



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  • coolmanasip
    06-04 11:21 AM
    I think the vote is at the end of this week......may be on Thursday or Friday......


    Manasi




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  • traveldoc
    09-10 02:24 PM
    Thanks txh1b. But my question is what if they reject the second AP saying that the first one was approved. Any thoughts on this?



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  • karan2004m
    08-04 11:23 AM
    I read a stupid thing in one of the thread
    "I-140 will not be approved until PD is current" ,
    Is this true?




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  • surabhi
    05-29 08:21 PM
    I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
    Thank you for the help

    YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.

    USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.

    It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.



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  • Kevin Sadler
    July 27th, 2005, 11:05 AM
    Freddy you're good.




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  • Dhundhun
    11-24 05:13 AM
    Nihar, let me understand your problem and explain you, what might be happening?
    #1. You are doing MBA
    #2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
    #3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
    #4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
    #5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
    #6. If you are on dual status, your H1B will start from Jan 2008.
    #7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
    #8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.




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  • satishku_2000
    11-21 05:56 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.

    when you get an extension of stay you will have same number for all of them.




    aadimanav
    11-01 09:40 PM
    Hello experts,

    Could someone explain to me why is that 61,000 visa recapture exclusively for nurses is not good for EB3 category? To me it will make the EB3 queue smaller (i.e. Current Applications In the EB3 Queue MINUS 61,000). Why this is not good, and why I don't hear any body say so?

    * Is this not good because 61,000 visas will be recaptured EXCLUSIVELY for NURSES. This 61,000 quota should have been spread over all categories EB1, EB2, EB3.

    * Is this not good because it doesn't help EB2 and EB1?

    * Some other reason

    Please educate and comment.




    njboy
    06-08 09:14 PM
    There is a big difference between first class and economy class travel, and preventing a spouse who has already exhibited intent to immigrate from working for a very long time if they dont pay $1000.00 for premium processing of I-130. This is the reason I quoted the examples. Im not saying this from a "commie" point of view that everyone should own a Lada. While it is true that the employers should pay for premium processing, many people end up paying for it themselves, maybe in the form of reduced bonuses, or something else. Imagine what will happen when BCIS is swamped. We, desperate for a resolution for our problems, will end up cajoling our employers to drop a thousand dollars here for I-130 premium processing, another 1000 dollars for H1B premium processing because it already takes 5-6 months during regular processing. All Im saying is, fix the problem instead of finding band-aids.



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