h1techSlave
01-05 11:57 AM
Is Eb3 --> Eb2 porting a wide spread phenomina?
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs
redelite
08-20 01:54 PM
"Oh-really?" (quick like almost one word) and "Yah REALLY!"
..at least that's how I read it..
..at least that's how I read it..
lccleared
04-15 10:14 AM
We had the same situation and ones got rejected.
By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.
Hope this helps out.
Thanks.
By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.
Hope this helps out.
Thanks.
rb_248
12-19 08:09 AM
History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.
Makes me wonder if there is enough awareness about our cause.
Makes me wonder if there is enough awareness about our cause.
more...
desi3933
03-05 12:24 PM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?
veni001
05-19 10:38 AM
Guys,
I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.
I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.
Thanks
I think it is equivalent to Associate degree!!
I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.
I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.
Thanks
I think it is equivalent to Associate degree!!
more...
waiting4gc
07-17 08:46 PM
Some lawyers ask for bank statement and w2s and file I 864 with GC to show proof that you can support your dependents(if you have any). Ideally I 864 is only required when you file Family based GC.
Some other lawyers similarly ask for I 134 and bank statement to show that you can support dependents. Again this is NOT REQUIRED.
There is no clarity on what should be done. Each lawyer has his/her own style of filing 485 so if your lawyer asked for it, provide it. If not, don't bother. I know of people filing with and without 864 or 134 and still getting approved.
yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?
Some other lawyers similarly ask for I 134 and bank statement to show that you can support dependents. Again this is NOT REQUIRED.
There is no clarity on what should be done. Each lawyer has his/her own style of filing 485 so if your lawyer asked for it, provide it. If not, don't bother. I know of people filing with and without 864 or 134 and still getting approved.
yeah why bank statment? My attoreny did say anything about tax return either ? are you sureeeeeeeeeeeee?
ilwaiting
12-28 09:44 AM
It would be really ages before EB3 moves to Jan-03. I guess we can worry about the getting stuck(in Jan-03) part when we are there. Just trying to be realistic.
Currently EB3 is on May 01
What are the chances of EB3 also getting stuck around Jan 03.
Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??
Currently EB3 is on May 01
What are the chances of EB3 also getting stuck around Jan 03.
Does any one know reason why so many EB2 were filed before Jan 03. Was there Apr 01 type of deadline??
more...
gccovet
06-29 02:45 AM
For folks who are past the 180 day period:-
When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.
GCCovet
When negotiating a new job offer, what does one have verify with HR of the new company specifically with regard to AC 21 portability? :confused:
Most recruiters / HR folks know nothing about AC21 etc. (Most when they hear green card, say per company policy, they will start haver 1 yr!).
Should one ever bother about confusing the new employer about AC21? (Assume that Job titiles and descriptions are practically the same. Nothing drastically different. And taking the new job on H1b transfer. i.e. not on EAD).
(PS: I am not taking from the context of desi consulting firms where it might be easier to get any letter with exact same job description etc.).
I would just check if HR would be willing to provide a letter addressed to USCIS on their letterhead stating about new job title and job duties. Even if you send the letter right after joining or when you (might) get a RFE.
GCCovet
vallabhu
07-30 11:54 AM
I applied on April 17th and got it approved on May 30th.
more...
CADude
07-31 10:03 PM
No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)
Dear All,
Today, one of my Friend’s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
Dear All,
Today, one of my Friend’s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
gcformeornot
01-22 03:17 PM
had loan with IDBI with no penalty if self paid. If you transfer to another financial institue then they charge 2%.
more...
naushit
07-23 05:45 PM
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
dilbert_cal
04-25 12:04 AM
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
more...
Jaime
06-08 09:36 PM
The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"
http://news.bbc.co.uk/2/hi/business/8086392.stm
http://news.bbc.co.uk/2/hi/business/8086392.stm
485Mbe4001
03-20 02:56 PM
instructions from Oh's site
03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire
AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
Those Who Are Subject to the New Law:
Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.
Those Who Are Not Subject to the New Law:
H-1B petition to extend the H-1B status (EOS) of a current employee with
the same employer (TARP funded).
H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.
03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire
AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
Those Who Are Subject to the New Law:
Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.
Those Who Are Not Subject to the New Law:
H-1B petition to extend the H-1B status (EOS) of a current employee with
the same employer (TARP funded).
H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.
more...
ssksubash
11-13 04:04 PM
You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
fromnaija
07-26 03:38 AM
Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
uslegals
10-18 04:25 PM
Check with the attorney who has filed for 140. I guess the norm is that attorney also get RN and approval copies.
clif
04-10 12:25 PM
You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.
I hired a attorney to send the letter. I guess you can do it yourself too. Find a sample letter. Your new employer has to sign it on the company's letterhead. The letter is from the new employer, not from you.
Hello,
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
I hired a attorney to send the letter. I guess you can do it yourself too. Find a sample letter. Your new employer has to sign it on the company's letterhead. The letter is from the new employer, not from you.
Hello,
This is my status.
I 140 � Approved in 2006 and have a copy.
I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
Perm Labor � Have perm labor approval copy.
Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.
I would like to send AC21 job change info to USCIS my self.
Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.
And also advice if anyone used new attorney only for AC21.
Thanks.
virginia_desi
02-13 03:28 PM
PD: October 2, 2002
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
0 comments:
Post a Comment