ryan
01-26 03:18 PM
Hi Friends, I searched through some of the prior posts and did not find the answer. I am not looking for cities to live in from the point of view of job, taxes, weather, desi population, desi amenties such as movies, restaurants etc...
Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why you would relocate to the other side of the planet and seek the best place for "Indian" children to live?! I would reckon, it is probably your hometown, in India.
Very few get to have the cake and eat it too.
I have lived in 4 states, in the 8 years I have lived in this country. I have NEVER faced racism or discrimination of any sort. No place is perfect. However, this country does stand head and shoulders above a lot of places. Try and fit in.
Please, don't take this wrong way. I assume you moved to the US to seek the positives this land has to offer your children, whilst holding on to certain cultures / values from your hometown. Hence, I don't understand why you would relocate to the other side of the planet and seek the best place for "Indian" children to live?! I would reckon, it is probably your hometown, in India.
Very few get to have the cake and eat it too.
I have lived in 4 states, in the 8 years I have lived in this country. I have NEVER faced racism or discrimination of any sort. No place is perfect. However, this country does stand head and shoulders above a lot of places. Try and fit in.
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sandiboy
08-15 03:16 PM
485 RD:6/29
485 ND:7/25
FP ND: 8/8
FP Date:9/4
Is this from NSC or TSC? When did you receive this in the mail?
485 ND:7/25
FP ND: 8/8
FP Date:9/4
Is this from NSC or TSC? When did you receive this in the mail?
dontcareanymore
08-05 12:39 PM
similar sit and my 485 was accepted with older pd!
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Do you care to provide details ?
Is it possible that you were eligible to file I485 with other (Latest) PD as well and they are considering the recapture request ??
what you say maybe true, but pls don't say it so confidently unless your are an attorney!
Do you care to provide details ?
Is it possible that you were eligible to file I485 with other (Latest) PD as well and they are considering the recapture request ??
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babuworld
05-29 11:33 AM
I too got RFE on my I-485 but its about Birth Certificate requesting non availability and my 10th and 10+2 mark list. Got the same RFE to my spouse too.
I am with the same employer.
I am with the same employer.
more...
krishnam70
03-26 12:28 AM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
My 485 was filed way back in Sep 2004. OK
My 140 was approved way back in Nov 2004. GOOD
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
2005 W2 – shows 57,000$/yrsame as above
2006 W2 – shows 50,000$/yrsame as above
2007 W2 – shows 58,000$/yrsame as above
2008 W2 – shows 67,000$/yrsame as above
Never changed employers nor job titles. good
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.
Thanks.
- cheers
kris
jsb
12-15 10:08 AM
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
more...
laksmi
02-18 02:33 PM
Is paystub needed When a person is on H1B and is out of project when AOS on 485.
I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.
Do a H transfer immediately with some other company so that u remain in status...
Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.
I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.
Do a H transfer immediately with some other company so that u remain in status...
Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.
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Caliber
05-03 11:56 AM
One thing they can agree on is covering their own a**.
i4u, Please think back if this is the language we use on Lawmakers of this great country.
i4u, Please think back if this is the language we use on Lawmakers of this great country.
more...
Karthikthiru
04-05 06:40 PM
http://www.businessweek.com/bwdaily/dnflash/content/apr2007/db20070405_778533.htm?chan=top+news_top+news+index
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saibaba
12-18 02:52 PM
Hi guys,
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
sorry to ask you but where wld I track all these LUD's in the case status online website?
I wonder if anyone noticed that. I am a July 2nd filer and my priority date is not current and long will not be. But I noticed many many LUDS on my I485 and no change in messages. Has anyone noticed that too?
My LUDS: 9/7, 9/11, 10/3(after FP), 12/10, 12/11, 12/15, 12/18.....
I wonder what is happening....
sorry to ask you but where wld I track all these LUD's in the case status online website?
more...
rsb
06-29 02:11 PM
Thanks logiclife for you detailed answer.
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jsb
05-18 12:18 AM
Could someone having experience with self EAD renewal, please provide, application form #, documents needed for EAD renewal, and fee. I would like to do it myself.
more...
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gc_chahiye
11-19 12:41 PM
i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
+ 3 years is correct, as thats what your H1 petition is for. You will get a 3 year multiple entry visa, thats the standard for H1.
+ no problem with your sister being in the US. The H1-B is a dual intent visa. Unlike a student visa or a tourist visa you are not required to prove any ties to INdia or convince them that you'll return. Dont take any support letter from your parents, its not needed. As long as you have a bonafide job offer from the US and your degree certificate etc are in order, you are good to go.
If they ask you if you'll come back, the answer is upto you: you can say yes, you can say you'll evaluate in 3 years if you want to return or extend for another 3 etc. Typically it does not come up because of the dual-intent nature of this visa.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
+ 3 years is correct, as thats what your H1 petition is for. You will get a 3 year multiple entry visa, thats the standard for H1.
+ no problem with your sister being in the US. The H1-B is a dual intent visa. Unlike a student visa or a tourist visa you are not required to prove any ties to INdia or convince them that you'll return. Dont take any support letter from your parents, its not needed. As long as you have a bonafide job offer from the US and your degree certificate etc are in order, you are good to go.
If they ask you if you'll come back, the answer is upto you: you can say yes, you can say you'll evaluate in 3 years if you want to return or extend for another 3 etc. Typically it does not come up because of the dual-intent nature of this visa.
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bestia
07-17 03:12 AM
Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.
Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.
When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.
Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.
When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.
more...
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dcrtrv27
11-13 03:14 PM
I am curious. What is WOM?
To my knowledge there is no way to expedite the AOS process.
Gurus?
WOM means Writ of Mandamus. Its filing a case against USCIS when you case has been unnecessarily delayed. You need to exhaust all venues before approaching the court
To my knowledge there is no way to expedite the AOS process.
Gurus?
WOM means Writ of Mandamus. Its filing a case against USCIS when you case has been unnecessarily delayed. You need to exhaust all venues before approaching the court
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factoryman
06-14 07:50 PM
SSN sooner. Kids over 14 can work and earn pocket money.
On Receipt of filing, you can apply for FAFSA (student loan).
You are first in the line.
Six months will pass by and hopefully you will get EAD in 3 months.
If dates retrogress, you still have a sooner AC21.
With filing and FP, all that you need to do are done. No worries.
Peace of mind.
On Receipt of filing, you can apply for FAFSA (student loan).
You are first in the line.
Six months will pass by and hopefully you will get EAD in 3 months.
If dates retrogress, you still have a sooner AC21.
With filing and FP, all that you need to do are done. No worries.
Peace of mind.
more...
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anilsal
09-14 10:52 PM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
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singhsa3
12-16 09:26 AM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
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ksairi
05-12 10:50 AM
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gc_kaavaali
06-28 04:02 PM
So many times discussed about this topic. As soon as you start using EAD you are done with H1. You are no longer on H1. You need to give all prior I-94's when you are leaving US.
I am one of the July 2007 485 filer.
Me and wife have EAD's which we are using right now on I-9's to work.
I have an expired H1 stamp on passport.
Wife too has expired H4 stamp on passport.
I have a valid h1b approval notice until 5/31/2013
Wife too has a valid h4 approval notice until 5/31/2013
I have an AP which is valid for 1 year from today.
I want to visit India for a marriage.
Questions I have:
- While exiting USA, do they take my I-94 ?
- While coming back, if I show my AP, does my H1 status cancels out?
- Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
- Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
- Entering back on h1, will keep my wife's H4 valid too.
So question is should I enter back on H1 or AP?
I am one of the July 2007 485 filer.
Me and wife have EAD's which we are using right now on I-9's to work.
I have an expired H1 stamp on passport.
Wife too has expired H4 stamp on passport.
I have a valid h1b approval notice until 5/31/2013
Wife too has a valid h4 approval notice until 5/31/2013
I have an AP which is valid for 1 year from today.
I want to visit India for a marriage.
Questions I have:
- While exiting USA, do they take my I-94 ?
- While coming back, if I show my AP, does my H1 status cancels out?
- Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
- Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
- Entering back on h1, will keep my wife's H4 valid too.
So question is should I enter back on H1 or AP?
pyrosleepy
11-09 10:12 AM
My 6 year on H1-B status had expired on Nov 8. I-129 for extension based on approved I-140 was filed and delivered to USCIS on Nov 1 as per Fedex. However, USCIS has not cashed my employers check or my money order for the H-4 extension. I called them and they don't have any information. They told me to wait for another week. I am very worried that what will happen if the Fedex package has somewhat got lost. What will happen to my and spouse's status and my 3 year extension. My own lawyer seems to be a little perplexed on this matter, not sure of himself.
Anyone, please give me some guidance on this.
Thanks very much in advance.
Anyone, please give me some guidance on this.
Thanks very much in advance.
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