omved
05-05 02:25 AM
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
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va_dude
05-07 04:59 PM
The online system has been inconsistent in the past too. So you can never really tell what's happening behind the scenes.
milmuk
02-06 07:35 PM
Hello experts,
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
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9411b
12-04 03:28 PM
Our 140/485 filed with NSC, then moved to CSC for receipting, got WAC receipt #, then moved th TSC, pending since July 2007.
RD=7/23/07
Notice Dae =9/19/07
on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.
FP notice received and done in January 2008.
Yes, we need to do something to help us.
JJ
RD=7/23/07
Notice Dae =9/19/07
on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.
FP notice received and done in January 2008.
Yes, we need to do something to help us.
JJ
more...
USDream2Dust
04-16 03:21 PM
I was thinking on same lines. Who cares for h1 if 485 is denied. As days pass everything becomes so difficult. H1 used to be breeze 2 years back and now a lottery. GC is already retrogressed. Who knows when you start all over your GC again after 485 rejected what will happen.
I would add another point at 5th line.
You have 2 choices.
First what kumar1 said.
second stay in US illegal like millions of other people and get GC even faster.
USDream2dust
1. Sell all my stuff.
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I would add another point at 5th line.
You have 2 choices.
First what kumar1 said.
second stay in US illegal like millions of other people and get GC even faster.
USDream2dust
1. Sell all my stuff.
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
eb3retro
06-29 12:56 PM
i invoked ac21 twice..never asked even a single question to the employers, infact my current job title is not even close to the job title that my labor was filed long time ago, i am very confident, i will change my mind and go back to india for good, before my PD of jan 2003-India becomes current. just cant ruin my career and life thinking about things that are not in our control..just my opinion, not an advice. if u get struck with a sick job for years due to the GC mess, it justifies itself for all these decisions. even if they issue an RFE and my GC gets denied, i care a less about it, cos it lost its importance when it took this long..atleast i am doing some work right now which will help my career on a long term basis.
more...
Administrator2
01-26 10:59 AM
I would also like to suggest to display complete heading in the "Recent forum posts" section.
Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.
Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.
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gk_2000
02-15 03:24 PM
Time to pick up the patthar (stone) in your hands.. let the fun flow ! :D
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Redeye
04-16 12:52 PM
Any help from the attorneys on this?
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calboy78
07-28 01:59 PM
Kewl, so, its a dead mass update, No worries, thanks, Thread can be closed
What does "dead mass update" mean ? btw I am EB2 with PD in APR 04 and I got soft LUD on my approved 140, and APs on July 27.
What does "dead mass update" mean ? btw I am EB2 with PD in APR 04 and I got soft LUD on my approved 140, and APs on July 27.
more...
hazishak
07-31 11:26 PM
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
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immi_twinges
07-09 07:42 AM
Lets forward this link to DOL ??? How do we do that? Anyone?????????
http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=75iiC9Gi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x
the link is too big
so, go to http://contact-us.state.gov/
and find the option where u can email them.
:o
http://contact-us.state.gov/cgi-bin/state.cfg/php/enduser/ask.php?p_sid=75iiC9Gi&p_sp=cF9zcmNoPSZwX3NvcnRfYnk9JnBfZ3JpZHNvcnQ9JnBfc m93X2NudD0xMTEmcF9wcm9kcz0mcF9jYXRzPSZwX3B2PSZwX2N 2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJnBfc GFnZT0x
the link is too big
so, go to http://contact-us.state.gov/
and find the option where u can email them.
:o
more...
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meridiani.planum
06-12 01:35 PM
Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
Based on posts from a number of reasons, the reason for EB2 India moving slowly are:
- lots of 485 applications (remember that EB2 India had been stuck at Jan 2003 for a LONG time, and all those people got to file only in July 2007)
- conversions of EB3->EB2
- LC substitution ending in mid which caused a lot of dormant LC applications lying around, to get used up and filed
Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.
Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?
Based on posts from a number of reasons, the reason for EB2 India moving slowly are:
- lots of 485 applications (remember that EB2 India had been stuck at Jan 2003 for a LONG time, and all those people got to file only in July 2007)
- conversions of EB3->EB2
- LC substitution ending in mid which caused a lot of dormant LC applications lying around, to get used up and filed
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sankar_203
09-25 01:35 PM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
more...
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gcnotfiledyet
02-24 04:35 PM
i have given blood probably 10-12 times.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
Texcan,
There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.
There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
Texcan,
There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.
There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.
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vallabhu
08-08 10:37 AM
Did any one get an RFE to prove educational qualifications for EB3.
more...
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psychman
11-03 11:03 AM
Hi Kirupa. Hey, thanks for the help. Worked like a charm!
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morchu
05-04 04:37 PM
That I agree.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
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a_yaja
01-16 09:27 AM
Hi,
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.
As I am on job at present, I can not produce any client letter at consulate in case if they ask.
Will there be any issues which I may come across, please help me if you have any experiences.
thanks in advance.
Niru
It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
khukubindu
08-18 11:03 AM
Hi SL
Which service center is processing your application ?
Which service center is processing your application ?
kothuri
06-09 11:35 AM
Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.
-Sri
-Sri
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