StuckInTheMuck
08-04 09:53 AM
Another July 2 TSC filer. Got email today about RFE notice sent (don't know yet, but guess is medical - skipped this form in the original petition to beat the July 2 deadline).
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GCNirvana007
03-30 04:01 PM
Thought pay stubs checkig etc is done during I-140?
invincibleasian
03-27 02:03 PM
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
Amend the LC!
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
Amend the LC!
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anilsal
01-20 08:56 PM
A passport is provided to an individual as a sign of his citizenship.
I wonder why they are doing 1 year passports.
I wonder why they are doing 1 year passports.
more...
camphor
09-11 10:01 AM
My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
GKBest
11-04 12:25 PM
A little over a months time, I received a letter saying that the typo on my last name has been corrected. I could confirm that since the mailing address had all the correct details.
Hence, I guess, their typo correction system is a bit slow but it works!
ISSUE RESOLVED!
When did you or lawyer notify USCIS about the typo error? My lawyer also gave me a confirmation receipt # to correct the error but I still haven't received any letter saying that it has been corrected.
Hence, I guess, their typo correction system is a bit slow but it works!
ISSUE RESOLVED!
When did you or lawyer notify USCIS about the typo error? My lawyer also gave me a confirmation receipt # to correct the error but I still haven't received any letter saying that it has been corrected.
more...
Eb3_frustrated
07-31 11:09 AM
Your wife can work as along the date on EAD is valid, EAD is employee authorization, it not a visa status unlike H4. She can have a EAD and be on H4 at the same time. It does not matter if you filed an extension for H4 but she can work if the EAD is valid ie end date on EAD has not passed.
This is just my thought based on my experience, remember I am not an attorney, consult one if you need dependable answer.
This is just my thought based on my experience, remember I am not an attorney, consult one if you need dependable answer.
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va_dude
03-11 02:56 PM
Krithi.. you said your case was similar. Have you had to travel back into the US after having switched jobs on an EAD with a pending 485?
Did you have to carry employment verification letters, paystubs, old H1b notice, AC21 docs (if any) also?
As 'tertip' noted, it would be nice if someone with first hand experience could post details on what the IO's response was when they said they did not work for the same employer anymore?
Did you have to carry employment verification letters, paystubs, old H1b notice, AC21 docs (if any) also?
As 'tertip' noted, it would be nice if someone with first hand experience could post details on what the IO's response was when they said they did not work for the same employer anymore?
more...
talash
12-13 09:19 AM
I had posted my 485 approval news ealier and it took a whole different direction .Hope for you .My 140 was denied for same reason .It was A2P and company didnt have auditted financial statements and hadnt filed taxes and to make things worse i didnt get (neither atorney) the denail notice till 25th day of denail .We filed MTR and the documents we sent were my w2s.my pay stubs showing that company had been paying me whatwas stated in LS .
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck
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STAmisha
11-14 05:55 PM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
more...
misha
07-21 10:53 AM
Hi,
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
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pcs
04-17 12:54 PM
Do it yourself & do not depend on your lawyer. Call them. I filed in Aug'05 & got it in 45 days. I used to call their IT guy in DC office & he was very prompt in fixing issues ( which could be IT related)
more...
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optimystic
03-31 03:01 PM
I have a somewat similar situation, here goes:
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
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like_watching_paint_dry
02-27 01:51 PM
I don't have any examples of a NOIR based on EB green card holder changing jobs too soon after 485 approval. I however have seen counter examples where a person changed jobs within a month of 485 approval and never had any problems at N-400 as long as they have maintained a good employment history, paid taxes, not committed any crime etc.
This is not to say that you or I or some other Joe wont have any issues, but is a hopeful indicator. It is however best to play it safe unless there's a pretty darn good reason to take up a job change soon after 485 approval.
This is not to say that you or I or some other Joe wont have any issues, but is a hopeful indicator. It is however best to play it safe unless there's a pretty darn good reason to take up a job change soon after 485 approval.
more...
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misha
07-21 10:53 AM
Hi,
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
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Desi Unlucky
07-27 07:22 AM
I was not greatly familiar with the I 140 process and since long i was thinking of posting a question on the forum. Yesterday i saw this thread and tried searching if there are any answers to my Questions.
It was spot on. with in 15 minutes, thanks to the search engine i now know
1. What SRC in front of the reciept no
2. Which centers process I 140
3. What are the processing times
My suggestion to IV would be to have this search URL on the home page.
It was spot on. with in 15 minutes, thanks to the search engine i now know
1. What SRC in front of the reciept no
2. Which centers process I 140
3. What are the processing times
My suggestion to IV would be to have this search URL on the home page.
more...
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jsb
03-26 09:41 AM
security clears of what? Anthrax?
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
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peer123
04-04 04:54 AM
,,,,, others please weigh in
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lfgc
05-17 04:58 PM
Would anyone please share contact info of Good and proven lawyer whose legal fees is reasonable or cheaper. My lawyer asking $1800 as legal fees (not filing fees) for H-1B extension which I guess is too much.
Thank you very much in advance.
I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
rgds,
lfgc
...recd info fm the attorney's office...
The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.
so, for extension...it may still be $900.
Thank you very much in advance.
I'm using the service of Brikho & Kallabat...till now did not have any issue with my extension...currently on 8th year...as my employer pays my extension fee...not sure how much is the total cost...have asked them...will update as get info.
rgds,
lfgc
...recd info fm the attorney's office...
The H-1B processing fees are as follows: Attorney Fees $900, Filing Fees
$2,190 for companies with 26 or more employees and $1,440 for companies
with 25 or less employees, Office Expense $50.
so, for extension...it may still be $900.
chanduv23
02-24 09:27 AM
Thank you theshiningsun and chanduv23.
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
Here is the whole meat - I have written about this probably 200 times.
You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.
If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.
Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.
In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.
AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.
Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.
Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.
If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.
Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.
I want to clarify little more.
1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?
2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?
Here is the whole meat - I have written about this probably 200 times.
You may receive NOID - yes - thats how it works. An employer sends a letter to the service center stating that the candidate has moved to a different job so does not want to hold this position and decided to eliminate the position. The officer then processes the request - usually this whole thing happens in 4 to 6 weeks after your employer sends the letter.
If you already sent a new employment letter from your new or prospective employer - chances are that it may end up in your file or not - we don't know how USCIS works internally. Even if your letter reaches your file, the officer processing your 140 revocation may not physically check your document folder, rather may rely on their online system which may not have any reference to AC21 change in job because AC21 is not a formal process.
Now, if you sent AC21 letter and it reaches the officer processing your 140 revocation, chances are that the officer may accept it or may want more information in form of an RFE so that the process looks standard, RFE or NOID is almost similar and in case of 140 revocations, they usually send NOID - which means you cannot withdraw your 485 and you have one shot at your 485 by responding to NOID.
In some cases the officer may send a denial on 485 - the denial will not have any reference to AC21 but clearly states that your 140 was revoked and therefore your 485 got denied. In such cases you have to file for a motion to reopen - this has happened a lot and continue to happen (though we do not see lately because lot of cases have been preadjudicated and not many 485s being filed or not many 140 revocations. Motions take anywhere from weeks to few months and you may need help from Ombudsman's office at times if it is getting delayed. Now when it comes to travel - if you travel when 485 is denied, you cannot come back and file for MTR - it gets complicated.
AC21 works just fine in most cases and people have navigated smoothly and usually the same or similar job has never been an issue as long as you are doing similar job. technically you don't need copy of labor as long as you know what you are doing. The job duties need not be a photo copy of earlier job but just be similar. Say if you are a .net programmer, you are fine if you are doing Java.
Good luck and don't panic. Do talk to a lawyer if you want and look for a good job. Fulltime jobs are taking a long time to get because employers are picky in this market with more supply than demand. Don't let your employer know you are looking for fulltime jobs - he may take instant revenge. It is not only consulting companies that we talk about and trash, but any employer looks for their interests - corporate world is greedy and selfish - one must know how to play.
Also remember, not all lawyers are ethical because it is a business to them and they will do what is in best interest of their business. You need to be smart and tricky. It is painful at times to deal with all the legal stuff when you want to progress, burt work your ways smartly.
If you want to travel without a job in hand, it is your choice, most times it is smooth, as long as your documents are intact, I think you will be fine, but there is always a risk. I would recommend to find a job and then travel.
kanshul
02-24 08:30 AM
As a prcatical matter you should have copy of your labor or at least the job description so that you can look for 'similar' job.
You may be in trouble if you don't have it or are not sure what your employer has put int he labor application. Also, at the minimum you should have you 140 application number, only then can you be sure that it has been approved.
If you have these, you can easily use AC21 with no harm. Also, if I were you I will avoid any travel even if you have approived 131 as the IO at port of entry may ask you about your employment status.
You may be in trouble if you don't have it or are not sure what your employer has put int he labor application. Also, at the minimum you should have you 140 application number, only then can you be sure that it has been approved.
If you have these, you can easily use AC21 with no harm. Also, if I were you I will avoid any travel even if you have approived 131 as the IO at port of entry may ask you about your employment status.
