franklin
09-05 05:04 PM
Retrogression affects ALL countries. ROW EB3 has been retrogressed for some time.
Please be careful to not spread misconceptions about who is, or is not, affected.
Please be careful to not spread misconceptions about who is, or is not, affected.
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vamsi_poondla
03-22 09:47 PM
Thank you for your replies. I will try and see.
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extra_mint
10-12 08:47 PM
Question is why make it mandatory ??
There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!
I think it is safe to assume that answer is NO
We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.
By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)
http://www.ennislaw.com/gardasil.html
I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!
I think it is safe to assume that answer is NO
We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.
By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)
http://www.ennislaw.com/gardasil.html
I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
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seemashah
02-21 04:17 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
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Shujaat
05-14 02:43 PM
Hi
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kondur_007
10-21 10:35 AM
I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
Go for it, I personally belive it is legal and unlikely to cause any problems with your H1.
Your paystub will still mention salary to be 5000, however it will show $500 in pretax expenses and so 4500 will be the amount deposited and taxed. For H1 purposes, you are still being paid $5000.
One thing I am not sure of: as mentioned in one of the posts above, can this be done more than one year? (i do not know the asnwer to this; clarify with your employer and their attorneys; it is not your headache anyway).
Good Luck.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
Go for it, I personally belive it is legal and unlikely to cause any problems with your H1.
Your paystub will still mention salary to be 5000, however it will show $500 in pretax expenses and so 4500 will be the amount deposited and taxed. For H1 purposes, you are still being paid $5000.
One thing I am not sure of: as mentioned in one of the posts above, can this be done more than one year? (i do not know the asnwer to this; clarify with your employer and their attorneys; it is not your headache anyway).
Good Luck.
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number30
06-19 01:30 PM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
You can start working immediately after filing H1, only if you are doing H1 transfer. Here you are doing Change of Status from H4 to H1. So you are NOT allowed to work immediately after filing. GO out of US as soon as possible. Filing 290B may not help you much. You have to come back with new stamping.
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
You can start working immediately after filing H1, only if you are doing H1 transfer. Here you are doing Change of Status from H4 to H1. So you are NOT allowed to work immediately after filing. GO out of US as soon as possible. Filing 290B may not help you much. You have to come back with new stamping.
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USDream2Dust
09-24 10:13 AM
but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
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sareesh
03-29 08:13 PM
Hello All,
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
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perm2gc
06-30 01:03 AM
I was listing to NPR Diane Rim show. Not sure who guests were. But When Diana asked if there is any chance that bill might come back.. He said, no bill won't come back but there is chance that some pieces of immigration may come in seperate pieces in around sep. He did say some bill might come for High skilled.. He gave example of Bill Clinton's health care immigration bill.
Anybody got chance to hear to NPR today?
i heard it
Anybody got chance to hear to NPR today?
i heard it
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53885
08-16 07:20 PM
According to the EAD, she can work. She has TIN number, but I am not sure if she can use that...
TIN is not SSN. Employer would need SSN.
I guess we need another tracker for those who received EAD, but no SSN.
TIN is not SSN. Employer would need SSN.
I guess we need another tracker for those who received EAD, but no SSN.
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ashishgour
12-06 12:01 PM
bump
Not yet received FP notices for me and my wife....
Case was transferred from CSC to TSC .
I485 filed on July 23rd.
Not yet received FP notices for me and my wife....
Case was transferred from CSC to TSC .
I485 filed on July 23rd.
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vjmjaan
04-15 09:17 PM
I found the ticket prices are comparable. The food was good. Not too much layover
and very good service.
They are very courteous and helpful in air and at Seoul airport.
and very good service.
They are very courteous and helpful in air and at Seoul airport.
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fittan
04-23 01:14 PM
If unsure, go with the lease date. No harm informing USCIS earlier. I've changed my address before and trust me...it is a freaking mess. Here's my advice:
1) If you file online, make sure you save yr receipt. If paper file, make sure it is certified/registered mail.
2) 1 to 2 months after filing, schedule an Infopass and ask the officer to verify the updated address.
Fittan
1) If you file online, make sure you save yr receipt. If paper file, make sure it is certified/registered mail.
2) 1 to 2 months after filing, schedule an Infopass and ask the officer to verify the updated address.
Fittan
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gcdreamer05
08-04 10:49 AM
How about some green dots guys for sharing such a inspirational story...
Good Story will really be given a green, here you go green from me !!!!
Good Story will really be given a green, here you go green from me !!!!
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coolpal
02-03 03:54 PM
I really hate to feed the troll...
But guys, please think before you post. Feeding trolls is a waste of time, fame and everything.
Mr./Ms. fairyangel, if you are really who you are claiming to be, then you are on the wrong forum. Your status is considered illegal, and people here don't support it.
pal :)
But guys, please think before you post. Feeding trolls is a waste of time, fame and everything.
Mr./Ms. fairyangel, if you are really who you are claiming to be, then you are on the wrong forum. Your status is considered illegal, and people here don't support it.
pal :)
more...
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niklshah
11-11 11:26 AM
i came back from India last week and officer did not ask me for any documents. I had copies of 485, 140 and labour ceritification and my few pay receipts but he did not ask me for anything, just parole document and it was stamped and i was out in 5 minutes he did not take to me to any room to ask any questions.
hope this helps
good luck
hope this helps
good luck
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Googler
02-14 05:22 PM
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
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kaisersose
07-17 04:19 PM
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
nkavjs
11-09 09:15 PM
[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
fcres
07-24 02:42 PM
Hello Guys,
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
Since you already applied there is nothing you can do other than renewing your passport. Try to do emergency renewal.
My lawyer asked me to renew PP to be on the safe side before we filed my AOS.
My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
Since you already applied there is nothing you can do other than renewing your passport. Try to do emergency renewal.
My lawyer asked me to renew PP to be on the safe side before we filed my AOS.
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