manoj_2002
07-19 01:39 PM
I was on bench for about 4-5 months in 2004, so didn't get paid. Will it pose any problem?
Well, I have been with the same Employer all along since my date of entry, and the only problem is my W-2 amount for 2004 is kind of 50% of my offer amount.
Same in case of 2003 also. But my last date of entry is 2004, so I am thinking I NEED NOT worry about 2003, just worry about 2004.
I really apreciate it, if someone clarifies the implications.
Please...
Well, I have been with the same Employer all along since my date of entry, and the only problem is my W-2 amount for 2004 is kind of 50% of my offer amount.
Same in case of 2003 also. But my last date of entry is 2004, so I am thinking I NEED NOT worry about 2003, just worry about 2004.
I really apreciate it, if someone clarifies the implications.
Please...
wallpaper Prince William And Kate
gc_vbin
05-11 12:41 PM
Any idea if any of IV provisions (like recapture) being included in the bill?
jonty_11
05-22 02:58 PM
I think if we all resign from our Jobs and stay in this country for even a single day we will be illegal. I am beginning to like this idea....
Then we can also apply via the Merit based crappy pragram..and live happily ever after
Then we can also apply via the Merit based crappy pragram..and live happily ever after
2011 prince william kate middleton.
like_watching_paint_dry
09-19 05:27 PM
Let me explain you in very human form: Baby is the fruit. It takes 9 months to get that fruit. To get that fruit humans put effort ( You know what I mean...). When they put effort, immediately they do not look for baby.. They wait for 9 months.. Correct.. Just apply this analogy to the struggle what we have initiated.:)
:eek: Okay what exactly did you do in DC? ;)
:D
:eek: Okay what exactly did you do in DC? ;)
:D
more...
desi3933
07-19 12:17 PM
I have a similar question that has been bugging me for some time and hasn't gotten a clear answer. Here is the details and not sure if there would be any problem to I-485.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
1. My wife came to US on H4 in Dec '03 which is valid up to sept' 06. Given I-94 reflecting same.
2. Traveled outside US on H4 twice and each time got new I-94 till Set' 06.
3. Applied for H1B and got approved for adjustment for status from Oct' 2005 with I-94 at the bottom of approval notice. H1B approval notice and I94 is valid till sept' 2008.
4. Employer (consulting firm) insisted on getting SS number before searching for projects so applied for SS# and waited.
5. After delays received SS card in March' 06.
6. Found a project soon, but the start date was from June ' 06 and 'officially' joined the company from June' 06.
7. Employer asked for a signed letter from my wife that due to health reasons, she is joining two months late - not sure if it is purely for their safety or ours?.
8. Continuous paychecks since jun '06
9. Haven't traveled abroad after getting H1B approved.
9. Applied for I485 together in June' 07 with me being direct beneficiary and wife being derivative. Submitted all documents i., passports, I-94, approval notices, w-2, tax returns, employment letter etc for both.
So the question is not getting paychecks or not joining the company immediately can cause any problem to her I485? I read some where that It is not a problem for H1B AOS as person is not required to join the employer immediately after getting approved for H4 to H1B AOS and it is a problem only if entered the country on H1B and not receiving paychecks in between.. Is this true??
Also, it says on DOS website that employee-employer relation is critical for H1B and employee can be on vacation, sick, out of pay etc. Not exactly sure what it means by relation.
Person, if in USA, has 30 days to start working for H1 employer after CoS approval date. One more thing, one can start working after applying for SSN without waiting for getting actual SSN.
It seems that she was out of status.
______________________
Not a legal advice.
hsingh82
06-17 04:54 PM
Bump!
more...
bidhanc
03-21 03:11 PM
I spoke to a staff at Michael R. McNulty's office.
He comes to Albany on weekends only.
Rest of the time (5 days a week) he is in Washington.
We can meet staff members any time betwenn 9 to 5 (no appointment required).
Spoke to staff member at Schumer's office.
He is not available for a meeting.
Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
We can change if this is not convenient.
I am not sure if this is gonna help, as it is 2 weeks away.
Please provide feedback.
He comes to Albany on weekends only.
Rest of the time (5 days a week) he is in Washington.
We can meet staff members any time betwenn 9 to 5 (no appointment required).
Spoke to staff member at Schumer's office.
He is not available for a meeting.
Have set up a meeting (with staff) for 12th April 11am (nothing available for next 2 weeks).
I was actually just trying to find out if we could schedule an appointment with Schumer. Did not expect them to set up an appointment on the phone so fast.
We can change if this is not convenient.
I am not sure if this is gonna help, as it is 2 weeks away.
Please provide feedback.
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manand24
08-10 10:57 AM
not in same boat as you and me buddy. They are in a boat ahead of you....
Good point.
Good point.
more...
badlucky
05-13 10:23 PM
140jibjab,
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
im also in similar situation. wife wants divorce, but since she doesnt want to return to india, she has applied for H1 lottery and waiting. She is working on EAD and requested me to keep her dependent till 2008 october.
we have applied for divorce in india and we will keep the final judge hearing in october 2008.
i asked my lawyer how to handle 485 situation: this is what he said
1. there is no formal process to remove a 485 application.
2. after u get ur divorce decree, take an infopass appointment and explain/ask what shud be done.
3. he said - most probably, the officer will ask ur WIFE to submit a informal letter requesting abandonment of 485 appln due to divorce, along with copy of divorce decree.
4. in case ur wife does not follow up becos she is not in the country etc, you urself can request abandonement for ur spouse.
5. keep record of the letters and correspondence with infopass/USCIS becos incase u remarry and reintroduce a new 485 for new wife, INCASE they raise a flag that u already have a derivative, then u can use the correspondence proof to show old deravative is not valid anymore due to divorce.
6. Lawyer also said, there have been cases where in abandonment letters were sent, and yet GC arrived in mail. basically he told my wife, if ur lucky and i dont get married before 485 approval, there is still chance u will get ur gc inspite of indian divorce being complete. (looks like US dept does not proactively refer foreign records of marraige at the tme of adjudication).
hope this helps...i plan to follow same procedure after my divorce finalizes.
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rajuram
06-19 09:48 PM
Pay and move forward. Most of us have spent years to get this stage. Do not spoil it now....hopefully more $$$ will pour in once you get past this stage!
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
more...
jkays94
04-01 09:24 PM
Sent 10 and 11.
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nogreen4decade
07-16 06:29 PM
Some people die at twenty five and aren't buried until they are seventy five.
:)... I like that :)... Very poetic too :) Good one !
:)... I like that :)... Very poetic too :) Good one !
more...
house Prince William et Kate
JunRN
06-06 10:37 AM
Going back to the supplemental AC21 memo:
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.
And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".
Do you think this is a plausible scenario?
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nkhari
07-19 10:02 AM
you can get medicals in 2 hours.
Not sure if this is chicago/pittsburgh.
your only option is to find out by calling all numbers in chicago and pittsburgs.
People have flown in from various locations into chicago and got medicals in 2 hours.
also, ask your wife to get the immunization record of mmr and tetanus.
that will make your life easier.
x-ray is mandatory.
people, this is a fact.
Not sure if this is chicago/pittsburgh.
your only option is to find out by calling all numbers in chicago and pittsburgs.
People have flown in from various locations into chicago and got medicals in 2 hours.
also, ask your wife to get the immunization record of mmr and tetanus.
that will make your life easier.
x-ray is mandatory.
people, this is a fact.
more...
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wandmaker
10-23 05:48 PM
With a comment "ooooo". I want the IV admin's to find out who that coward is and ban them from any and every board that is out there on internet. If they don't do it, I will be so scared of posting any of my thoughts in future as that person will come and give me more red , depriving IV of a valuable member.
Just kidding. As you guessed, things are a little slow at work today.
:D
Just kidding. As you guessed, things are a little slow at work today.
:D
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venky08
11-19 09:56 AM
i second this.
this approach is better known as "attitude of positive expectancy" hoping that things will work out well in the future. It is difficult in this negative world to have this kind of thinking, however if you do, it will get you through your life without losing precious moments of your youth worrying about the future.
all the great leaders and visionaries of the past and present have this attitude as the way of life. something to think about in the midst of darkness surrounding the GC limbo...
I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
this approach is better known as "attitude of positive expectancy" hoping that things will work out well in the future. It is difficult in this negative world to have this kind of thinking, however if you do, it will get you through your life without losing precious moments of your youth worrying about the future.
all the great leaders and visionaries of the past and present have this attitude as the way of life. something to think about in the midst of darkness surrounding the GC limbo...
I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
more...
makeup Prince William and Kate
eb3retro
04-12 11:48 AM
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
very nice analysis.
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
very nice analysis.
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sushilup
02-14 08:48 AM
I am also an NCS-CSC-NSC transfer. Got LUDs on 2/10 on my/my wife's application. I just got an email saying an RFE was sent just for my application.
Anyone else that got RFEs after getting LUDs at the beginning of Feb? What were the RFEs for?
-a
Did you change company? or filed AC-21.
My PD is also close to yours and transfer is TSC-CSC-NSC
I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status
Anyone else that got RFEs after getting LUDs at the beginning of Feb? What were the RFEs for?
-a
Did you change company? or filed AC-21.
My PD is also close to yours and transfer is TSC-CSC-NSC
I had LUD on 2/10....Lets hope for the best...I will keep you posted on my status
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svgupta
05-15 12:19 PM
Copanies like INFOSYS are not the culprits. This is going tangenatially. It is the local small desi body shops that suck blood and hold candidates life in their hand because of GC. They should be investigated.
Cos big or small are all responsible for the plight of their employees.
Not many from these companies (INFY..etc) crib because a minimal % of employees deputed in US have their GC processed. The ones who care for a GC move on to either a desi body shop or permanent employment.
Cos big or small are all responsible for the plight of their employees.
Not many from these companies (INFY..etc) crib because a minimal % of employees deputed in US have their GC processed. The ones who care for a GC move on to either a desi body shop or permanent employment.
alterego
10-11 04:27 PM
Has anyone thought of the people who missed the august 17 deadline because the labor was not cleared within time. Because of no mistake from ourside, we have to suffer. What a screwed up legal situation ?
As of now PD is apr 2001, I dont know when will it move ?
Thx
Nag
Sorry to hear about your situation.
The one consolation is that once you get to file your 485, you should not spend too much time in that pending 485 situation.
So if you ask me today, would I rather have filed 485 with a PD of 2006/7 or be in your situation, as bleak as your situation looks today, the better choice might be your situation.
Good luck.
As of now PD is apr 2001, I dont know when will it move ?
Thx
Nag
Sorry to hear about your situation.
The one consolation is that once you get to file your 485, you should not spend too much time in that pending 485 situation.
So if you ask me today, would I rather have filed 485 with a PD of 2006/7 or be in your situation, as bleak as your situation looks today, the better choice might be your situation.
Good luck.
permfiling
11-02 09:11 PM
Papu,
The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.
It would be really great if IV can contact USCIS and get an official guideline on this topic.
Thanks.
There are ppl who moved 2 or 3 months after getting GC and have got their USC
AC21 N400 Cases - 2010 (http://forums.immigration.com/showthread.php?309220-AC21-N400-Cases-2010)
The law seems to have changes due to AC21, I don't think we can get any actual data of any one who got his GC after AC21 and has already converted to citizenship.
It would be really great if IV can contact USCIS and get an official guideline on this topic.
Thanks.
There are ppl who moved 2 or 3 months after getting GC and have got their USC
AC21 N400 Cases - 2010 (http://forums.immigration.com/showthread.php?309220-AC21-N400-Cases-2010)
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