Munna Bhai
12-14 09:43 AM
I just received a USCIS automated e-mail indicating an RFE has been issued with regard to my pending I-140 (pending since January 16, 2007, at NSC)...have yet to receive the actual RFE letter. My AP application has been pending since August 1, 2007, also at NSC. Can this RFE delay processing of my AP? I need to travel this month and had also sent a fax to USCIS requesting expediting the I-131. Please let me know what you think, as I am very worried! What could the RFE be in regards to? I work for a university, have a 4 year degree (obtained in the US, along with an MBA), and ability to pay should not be an issue. No experience required!
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
Please update us once you receive RFE, I will update the items.
Thanks!
I-485/I-765 filed July 6, 2007 - EB3
I-765 approved Sept. 11, 2007
I-131 filed Aug. 1 2007 & pending
FP completed Dec. 04, 2007
Please update us once you receive RFE, I will update the items.
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ilikekilo
04-13 10:10 AM
For me I never got a any communication directly from USCIS for the RFE.
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
maxy
04-28 09:53 AM
when you say new fees, i assuem it is $340 . Correct ??
correct.
but i am not sure renewal will be for 1 yr or 3 yrs ?
anyone here knows..?
correct.
but i am not sure renewal will be for 1 yr or 3 yrs ?
anyone here knows..?
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casinoroyale
01-07 09:11 AM
I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP. One can also do H1B transfer to a different employer. Ofcourse, your exiting 797 should be valid while you are doing this. One can find this surprising, even after you "use EAD" you can ask for reinstatement of H1B status by filing H1 extension but one has to leave the country and apply for H1B stamp and enter on H1 to reinstate H1B status in this case.
more...
pkpalta
08-11 05:02 PM
Admin, please remove this post. If INS reads it and amends to verify all the employers then there will be more back logs and more retrogression.
We all know that there are tonne of problems with processing and lots of idiosyncracy but this forum is to solve problems not creating it.
;)
We all know that there are tonne of problems with processing and lots of idiosyncracy but this forum is to solve problems not creating it.
;)
Thiru
09-22 08:51 PM
My AP was approved on Sep2. Still awaiting the AP in mail.
Which Service Center TSC or NSC????
Which Service Center TSC or NSC????
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aaren253
02-19 02:51 AM
ok i 16 and i want to go to pasadena art center for transportation...and i want to know is their llike a art school that i can go to to help me create a portfolio and enhance my skills in sketching.
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clif
07-29 08:10 AM
Two other issues could be:
1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.
2. You need recent salary statements for EAD renewal every year.
1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.
2. You need recent salary statements for EAD renewal every year.
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hsm2007
09-21 07:42 AM
Does it matter if it is Junior attorney or senior attorney in Murthy firm. I am not getting any appointments with senior until Friday.
First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.
During discussion bring up the topic of new employment (C) as well .
If you have the format from your current company attorney , show it to them .
It might be simpler then you are thinking.
First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.
During discussion bring up the topic of new employment (C) as well .
If you have the format from your current company attorney , show it to them .
It might be simpler then you are thinking.
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immi_enthu
12-28 10:07 AM
I have three friends waiting for I - 140 approval whose date are between Feb 16 - 22, 2007 and all are still waiting for approvals. online status show case pending. And dates in NSC shows April 6, 2007.
This is not the first time. It's so frustrating . Well, that's USCIS for you.
This is not the first time. It's so frustrating . Well, that's USCIS for you.
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monicasgupta
11-16 11:17 AM
I talked to Murthy about the same code but they replied that it is ok if the codes are different but the job duties matter which determine the code.
"In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification."
Read this at http://murthy.com/news/UDac21qa.html
monica
"In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification."
Read this at http://murthy.com/news/UDac21qa.html
monica
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transpass
08-04 11:10 AM
me too...NSC filer, but transferred to TSC...
RD july 2, PD 12/2005
RD july 2, PD 12/2005
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Winner
04-09 04:44 PM
Thanks everyone.
I remember that some of the states requires you to have a vaild visa (or other proof of legal staus) for more than 2.5/3 years and only then they can get a drivers licence? If you have this information, kindly share that information.
I remember that some of the states requires you to have a vaild visa (or other proof of legal staus) for more than 2.5/3 years and only then they can get a drivers licence? If you have this information, kindly share that information.
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EndlessWait
06-18 04:06 PM
1.Non immigrant visa number : put the number on the expired H1B stamp (in red color).Do not put the control number
2.whenever the expired visa was issued
3.whereever it was issued.
I assume you renewed your H1b eventhough you'r H1b stamp expired.
I'd got an extension within US, haven't left. Are you sure to put the old visa info. What about the new H1 approval which is valid. Shouldn't one put that info.
BTW, what is the visa no#..is it the control no# or EAC no#...
2.whenever the expired visa was issued
3.whereever it was issued.
I assume you renewed your H1b eventhough you'r H1b stamp expired.
I'd got an extension within US, haven't left. Are you sure to put the old visa info. What about the new H1 approval which is valid. Shouldn't one put that info.
BTW, what is the visa no#..is it the control no# or EAC no#...
more...
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prabasiodia
03-18 07:47 AM
Anyone can start a C-Corp in USA, (s)he is not even needed to be present in USA. If you're present then you must be legally present; any valid visa or EAD etc. will do.
The issue becomes a wee bit trickier when it's time to remunerate yourself like drawing a salary. From IRS's point of view, an LLC is nothing more than a proprietorship (sole or partnered), a disregarded entity. Since the income must be filed with your own tax return, it's a "no go" for most H visa holders. For the same reason, most would not want to start an S-Corp. Sice GotFreedom? is on H1 and started an LLC, I would like to know how he's managing his tax returns? I really don't know how does filing tax returns get affected by your spouse's visa status, specifically when you're married and filing jointly.
Apart from the visa situation, you should be concerned about the liability. What if one of your customers wants to sue you? LLC provides "LIMITED" liability protection. if you're not concerned about liability at all, then I would suggest to start as a Sole Proprietorship. You've nothing to do (if you're starting the business in your name such as Mike Hofner's Deli) except to earn money :-) and report it as income in your tax returns. If you want to give a separate name to your entity, file a DBA (Doing Business As) with your state.
C-Corp is a safe bet for all types of visa holders of all nationalities. But there is a lot of bookkeeping you'll have to do. Hope this helps!!
The issue becomes a wee bit trickier when it's time to remunerate yourself like drawing a salary. From IRS's point of view, an LLC is nothing more than a proprietorship (sole or partnered), a disregarded entity. Since the income must be filed with your own tax return, it's a "no go" for most H visa holders. For the same reason, most would not want to start an S-Corp. Sice GotFreedom? is on H1 and started an LLC, I would like to know how he's managing his tax returns? I really don't know how does filing tax returns get affected by your spouse's visa status, specifically when you're married and filing jointly.
Apart from the visa situation, you should be concerned about the liability. What if one of your customers wants to sue you? LLC provides "LIMITED" liability protection. if you're not concerned about liability at all, then I would suggest to start as a Sole Proprietorship. You've nothing to do (if you're starting the business in your name such as Mike Hofner's Deli) except to earn money :-) and report it as income in your tax returns. If you want to give a separate name to your entity, file a DBA (Doing Business As) with your state.
C-Corp is a safe bet for all types of visa holders of all nationalities. But there is a lot of bookkeeping you'll have to do. Hope this helps!!
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nk2006
05-03 08:01 AM
If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
more...
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chunky
07-26 03:14 PM
Lawyer told that after AOS filing one is in dual status so no worry. But I am not 100 % sure
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gchopefull
10-02 04:04 PM
what do u mean by
"There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon)".
does this means that if company files for appeal the 485/ead will be denied and revoked?
or if company files for mtr the 485/ead will be denied and revoked respectively?
thanks
"There also could be a difference in impact of appeal vs MTR on your I-485 application (which will be denied soon)".
does this means that if company files for appeal the 485/ead will be denied and revoked?
or if company files for mtr the 485/ead will be denied and revoked respectively?
thanks
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mkumar
10-09 11:46 AM
Great to see some activity in Arizona. I am in Phoenix and will show up for a meet and greet!
sugaur
02-01 06:14 PM
Dear all,
I am sorry to post here. I know this is wrong but don't know where to go to. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
Thank you for your support.
Again, my apologies.
Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
I am sorry to post here. I know this is wrong but don't know where to go to. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
Thank you for your support.
Again, my apologies.
Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
mhathi
05-16 11:19 AM
I have called all the members identified on the thread. They
were all nice to talk to and most of them said that they were
receiving a lot of calls regarding these bills. Many completed my
request for me :D
Let's all call and make these bills a reality.
P.S. I also called Sen. Menendez regarding the Murray amendment but
had to leave a voicemail.
were all nice to talk to and most of them said that they were
receiving a lot of calls regarding these bills. Many completed my
request for me :D
Let's all call and make these bills a reality.
P.S. I also called Sen. Menendez regarding the Murray amendment but
had to leave a voicemail.
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