seaken75
07-14 10:47 PM
USCIS is not required to return your adjustment of status applications within any timeframe. If your number becomes current before you receive your applications back, i suggest that you send in new applications and indicate on the I-485 that you submitted adjustment of status applications in July 2007 and have not yet received any correspondence from USCIS on the case.
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nk2006
04-13 12:46 PM
I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
As someone already mentioned you can go for rollover IRA - most of major investment companies offer this (infact will be eager to get any business).
Its a bad thing that your previous company is asking to move funds - but in a way its a blessing in disguise. In many companies (and their 401k custodians like Fidelity) - they allow to continue your funds in the 401k even after you leave the company - but as a non-employee you would incur more expenses and/or closed for some investing options. So continuing in the older 401k is not a great option in most cases (unless your previous 401k had very good funds which are now closed for new investors). Rollover IRA's are also good for another reason - you have more investment opportunities. In most of 401k's the number of available mutual funds are limited - but in rollover IRA it becomes much more flexible (I have a Fidelity rollover IRA account and has many funds and also an option to trade stocks). When I moved from one of my former employers (a top software company) I was too lazy to do anything and left it there for next five/six years; later as I gained more financial knowledge I digged into the funds and fees and came to know how much more I was charged as a non-employee - then moved to my current rollover IRA.
If you are more adventurous, there are other options as well. You can rollover into a self-directed IRA that allows to invest you in small private companies. There are a few custodians who allows this. Lets say someone has 10K in former 401k account - rolling over into a IRA with traditional fin. companies like Fidelity will give you access to many mutual funds and stock; with a small set of specialized custodians you can invest this 10K in a startup or even in real-estate. The custodian helps in the documentation so that you and the new company are very clear about everything. The key is you cannot be the owner of the company or real estate that you are investing but you can invest in a friends company or real-estate. I went to this route for one of my account and invested in a friends company who own commercial real-estate - with a 8% annual return rate for last year I can say its my best performing investment account. Obviously this is not for everyone and need lot of leg work and an ideal opportunity to go for this - but thought of giving out my experience anyway.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,
As someone already mentioned you can go for rollover IRA - most of major investment companies offer this (infact will be eager to get any business).
Its a bad thing that your previous company is asking to move funds - but in a way its a blessing in disguise. In many companies (and their 401k custodians like Fidelity) - they allow to continue your funds in the 401k even after you leave the company - but as a non-employee you would incur more expenses and/or closed for some investing options. So continuing in the older 401k is not a great option in most cases (unless your previous 401k had very good funds which are now closed for new investors). Rollover IRA's are also good for another reason - you have more investment opportunities. In most of 401k's the number of available mutual funds are limited - but in rollover IRA it becomes much more flexible (I have a Fidelity rollover IRA account and has many funds and also an option to trade stocks). When I moved from one of my former employers (a top software company) I was too lazy to do anything and left it there for next five/six years; later as I gained more financial knowledge I digged into the funds and fees and came to know how much more I was charged as a non-employee - then moved to my current rollover IRA.
If you are more adventurous, there are other options as well. You can rollover into a self-directed IRA that allows to invest you in small private companies. There are a few custodians who allows this. Lets say someone has 10K in former 401k account - rolling over into a IRA with traditional fin. companies like Fidelity will give you access to many mutual funds and stock; with a small set of specialized custodians you can invest this 10K in a startup or even in real-estate. The custodian helps in the documentation so that you and the new company are very clear about everything. The key is you cannot be the owner of the company or real estate that you are investing but you can invest in a friends company or real-estate. I went to this route for one of my account and invested in a friends company who own commercial real-estate - with a 8% annual return rate for last year I can say its my best performing investment account. Obviously this is not for everyone and need lot of leg work and an ideal opportunity to go for this - but thought of giving out my experience anyway.
chanduv23
12-11 06:49 AM
^^^^^^^^^^
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cabal
07-09 09:38 AM
There is no drives even in a 1000 mile radius from where I live, hope this guy gets what he wants, looks like this guy has lots of support, lots of money. Can we do the same for all such people in India, there are probably hundreds of thousands of people in India who are in this situation who have no help like this guy. We should take our mind away from DOS and USCIS for a while and do some better things like this.
You can actually get registered at your local hospital and if you are from South East Asia, they waive the nominal fees they otherwise charge. Note: There are no fees charged during the drives. People please go out and get yourselves registered. Thanks!
You can actually get registered at your local hospital and if you are from South East Asia, they waive the nominal fees they otherwise charge. Note: There are no fees charged during the drives. People please go out and get yourselves registered. Thanks!
more...
bombaysardar
07-16 09:08 AM
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
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11-04 12:49 AM
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din bhee yahaa to lage, baras ke samaan
humei intajaar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa
tumhe koee aaur dekhe, to jalataa hain dil
badee mushkilon se fir, sanbhalataa hain dil
kyaa, kyaa jatan karate hai, tumhe kyaa pataa
ye dil bekaraar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa
magar jee naheen sakate, tumhaare beenaa
sunaa gam judaee kaa, uthhaate hain log
jaane jindagee kaise, bitaate hain log
din bhee yahaa to lage, baras ke samaan
humei intajaar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa
tumhe koee aaur dekhe, to jalataa hain dil
badee mushkilon se fir, sanbhalataa hain dil
kyaa, kyaa jatan karate hai, tumhe kyaa pataa
ye dil bekaraar kitanaa, ye hum naheen jaanate
magar jee naheen sakate, tumhaare beenaa
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peer123
04-17 09:20 AM
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
also i just have 1 page of approval for ETA750. are there more than one pages in this application and if so I should have all the pages...
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laksmi
12-19 11:35 PM
It should not take more then 3 months from date of SSN Requested.
more...
rogerdepena
07-18 01:25 PM
It's a free country and everyone, including Lou Dobbs have a right to voice their opinion - boycotts will not serve any purpose.
If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.
It's hard work but believe me - do it consistently and do it well and you will see that it will work.
Best of luck and post the address of your site/blog here should you decide to do it.
blogging is not a problem. i'll try to make one at eblog. ill post the link when im ready. i would also like to ask others to pm me Lou Dobbs-related issues so that i can look at it and write an article about it.
If you feel so passionately about it, here's what I suggest. Create a blog/website and every single day after his program, post an article pointing out factual inaccuracies in Lou's reports and views. If you don't want to watch the program, then CNN publishes a transcript a couple of hours later - follow that.
It's hard work but believe me - do it consistently and do it well and you will see that it will work.
Best of luck and post the address of your site/blog here should you decide to do it.
blogging is not a problem. i'll try to make one at eblog. ill post the link when im ready. i would also like to ask others to pm me Lou Dobbs-related issues so that i can look at it and write an article about it.
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mohitb272
12-11 03:11 PM
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.
Cannot agree with you more! USCIS - is any one listening???
Cannot agree with you more! USCIS - is any one listening???
more...
cin45220
01-26 04:45 PM
u are a rasam drinking gulty, right?
:eek:
check your facts again. racism is considered sexy these days ;)
If you think that racism is sexy, then it's just because you are a racist bigot. Start loving in 21st century...
With a comment like the above one, it shows that all your parent's investment (and yours) for your education has been a total waste. Hope that you are not teaching you kids that 'racism is sexy'..
-CinBoy
:eek:
check your facts again. racism is considered sexy these days ;)
If you think that racism is sexy, then it's just because you are a racist bigot. Start loving in 21st century...
With a comment like the above one, it shows that all your parent's investment (and yours) for your education has been a total waste. Hope that you are not teaching you kids that 'racism is sexy'..
-CinBoy
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thomachan72
01-13 05:20 AM
Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.
more...
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amitpan007
06-09 12:26 PM
You got to ignore some of these statuses from certain IOs. I went for infopass end of may and I was told namecheck is pending. When i said it does not matter anymore since it has passed 180 days, he mentioned that its not official yet and gave me a document describing name check process which mentioned something about N-400 which i believe is for FB. Talked to IO over the phone a week later and I was told that its assigned to the officer and Visa Number also assigned. Got the Card Production Ordered email next day.
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sky7
07-26 10:09 AM
Dear all...
I need some advice here...
Here is my current status:
**LC filed: Sept 2002, EB2, RIR
**I140 EB2 is currently pending, Non-Concurrent (filed June 2006)
** On 7th yr H1B ext - expires March 2007
My questions are:
1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?
I actually asked the my lawyer the similar question, this was her response:
"There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation"
Can I get a second/or more opinions on this?
2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they don't revoke my LC and I140, then the new company can transfer my H1B over and get an extension?
3)And I assume IF my I140 gets denied (or declassified to be EB3), i am still ok as long the new company has filed a PERM for me, correct?
4) Or would it be SAFER to wait for couple of months (assuming the Nebraska Center is fast!) to get my I140 approved. Then transfer my LC, I140, and H1B to the next company...and have them continue my GC process? And i read somewhere that I can keep my PD that way?
I need to know the possible risks b4 accepting another job offer. all helps are appreciated... :)
Thanks in advance for ur help
Sky
I need some advice here...
Here is my current status:
**LC filed: Sept 2002, EB2, RIR
**I140 EB2 is currently pending, Non-Concurrent (filed June 2006)
** On 7th yr H1B ext - expires March 2007
My questions are:
1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?
I actually asked the my lawyer the similar question, this was her response:
"There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation"
Can I get a second/or more opinions on this?
2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they don't revoke my LC and I140, then the new company can transfer my H1B over and get an extension?
3)And I assume IF my I140 gets denied (or declassified to be EB3), i am still ok as long the new company has filed a PERM for me, correct?
4) Or would it be SAFER to wait for couple of months (assuming the Nebraska Center is fast!) to get my I140 approved. Then transfer my LC, I140, and H1B to the next company...and have them continue my GC process? And i read somewhere that I can keep my PD that way?
I need to know the possible risks b4 accepting another job offer. all helps are appreciated... :)
Thanks in advance for ur help
Sky
more...
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mjdup
05-31 09:50 AM
Just contributed...
The math does look good pthoko but do you think all 13K will step up especially the ones whos PD has become current !
I'd be glad if atleast 1K contribute. Can you imaging the power IV core will get with 1.3 mil, I can only say WOW !
The math does look good pthoko but do you think all 13K will step up especially the ones whos PD has become current !
I'd be glad if atleast 1K contribute. Can you imaging the power IV core will get with 1.3 mil, I can only say WOW !
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prioritydate
08-14 01:04 PM
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
I don't appreciate your comments. How come common sense come into this picture when I said I may be wrong!
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
I don't appreciate your comments. How come common sense come into this picture when I said I may be wrong!
more...
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ItIsNotFunny
12-17 03:27 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
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GCStatus
09-04 12:30 AM
Like any new documents which we dont have now?
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gc_eb2_waiter
07-26 11:18 AM
Any thoughts?
franklin
07-11 07:31 PM
Thanks everyone for your offers to help. The more volunteers the better, since it will decrease the number of phone calls for each person to make.
Please remember to send contact info (email address) to either gsc999 or myself
Please remember to send contact info (email address) to either gsc999 or myself
bliss_yyu
07-20 08:16 AM
no, i think you are exempt from cap. lucky u!
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