gcnirvana
10-25 05:31 PM
Primary and secondary applications are totally independent once its receipted. I got my EAD 3 weeks ago but nothing for my wife. The status says 'Received and pending'. After FP, my LUD got updated but again nothing for my wife.
Go figure...:confused:
Go figure...:confused:
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optimist
07-31 10:58 PM
...And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
This is so true :( Had we known that such a loooooooooong delay awaits us, we would have thought a million more times before putting our lives in a limbo :mad:
This is so true :( Had we known that such a loooooooooong delay awaits us, we would have thought a million more times before putting our lives in a limbo :mad:
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gc4me
07-30 11:50 AM
I guess you meant 'Spouse related difficult GC question'. :D
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)
I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.
Thanks for the input.
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garry_kay
06-20 11:52 AM
Finally This Is My Turn To Rejoice. My Lawyer Email Me Saying That She Got Off From Phone From Dol And My Lc Is Approved.
1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?
2)the Online Status Still Shows "in Process"
Gurus, Please Help Me
Congrats!! Do you know when your case was activated from the backlog center - the day when your lawyers got the recruitment activation notice?
1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?
2)the Online Status Still Shows "in Process"
Gurus, Please Help Me
Congrats!! Do you know when your case was activated from the backlog center - the day when your lawyers got the recruitment activation notice?
more...
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sundar99
05-03 11:34 AM
Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.
I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.
I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.
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kzinjuwadia
05-13 11:42 PM
I'd stay in canada and wait for the call from the consulate. One of my friends had similar situation in vancouver consulate and it took around 2wks for the call and they got the visa. Going out of canada is not good idea as canada consulate is working on your case and only they will issue your visa as it's in progress. if the visa is denied, then you can go to consulate in india and retry.
more...
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krustycat
03-09 07:33 PM
if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.
Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.
My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.
Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.
My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.
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wandmaker
04-03 06:59 PM
Have had unfortunate turn of events and need your guidance.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.
more...
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reddy77
04-12 02:20 PM
Gurus, I just got an email about RFE on 485 application for both of us (myself and wife). My PD is Sep 2006, EB2, not sure why the application got opened and whats the RFE about. I am still working on h1 (renewed based on approved 140) and still has 1.5 years left. Is someone on the same boat, i mean RFE's on 485 though PD is not current??? If the RFE is about my employment, would my wife also get the RFE ?? I am with the same employer from almost 6 years.Do i get the copy of RFE too or just the attorney?? Thanks Guys, appreciate your help ....
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GCBy3000
01-03 11:12 AM
This is a great move strategically to make members part of IV. With this, there is no need for IV to constantly campaingn for funds with regular active members. IV's energy towards campaign could be targeted towards the new members and other non monthly contributors.
I appreciate all the members who have volunteered to contribute on monthly basis. It is just a matter of spending on one lunch / one bar outing or for a movie.
Still let us keep a open thread for every month to make sure the fire on monthly contribution keeps burning. We dont want it to subside until we reach our goal.
I appreciate all the members who have volunteered to contribute on monthly basis. It is just a matter of spending on one lunch / one bar outing or for a movie.
Still let us keep a open thread for every month to make sure the fire on monthly contribution keeps burning. We dont want it to subside until we reach our goal.
more...
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rameshvaid
03-12 09:48 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
Enjoy the freedom..
rv
:):):):):):)
Enjoy the freedom..
rv
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joydiptac
11-18 05:52 PM
Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.
Hi,
Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.
Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.
All the best,
JC
Hi,
Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.
Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.
All the best,
JC
more...
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forever_waiting
04-07 08:35 PM
its more important to talk sense on the forums especially after 150 of us members having met 300 lawmaker offices on april 4th and 5th. Several of those staffers might visit these forums expecting logical and sane debates instead of petty fights.
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H1B-GC
06-25 09:54 AM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
more...
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ramus
05-31 04:12 PM
Great..
Just post in drive fund thread when you done..
Thanks,
Contributed $350 so far. Will contribute another $100 today.
Just post in drive fund thread when you done..
Thanks,
Contributed $350 so far. Will contribute another $100 today.
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Kalidindi
07-26 02:12 PM
Mine was EB2 and am from India
more...
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gc28262
03-27 10:05 AM
I entered on H1 not AP. Hope this is safe :).
Yes, you should be.
Yes, you should be.
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pappu
11-14 02:27 PM
Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.
What does this mean? Kiss my LC good bye? Please explian
ask for more info . there must be a reason for the rejection. you can also contest the decision by filing a motion.without complete information it is difficult to advice. do not worry, there is always a solution to every problem.
What does this mean? Kiss my LC good bye? Please explian
ask for more info . there must be a reason for the rejection. you can also contest the decision by filing a motion.without complete information it is difficult to advice. do not worry, there is always a solution to every problem.
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pak
07-12 08:56 AM
Please visit
http://www.congress.org/congressorg/mailapp/
enter your address to find the senetor of your area.
Fill up your contact info.
Paste the templet:
I am a highly-skilled professional who entered this country legally. I've
been waiting for my US permanent resident visa -also known as "Green Card"
for the past several years along with 500,000 other educated, highly
skilled employment based (EB) immigrants. Many of us have been waiting for
our turn to get Green Cards for 5-10 years while consistently abiding by
all the laws of this country. Such long delays are due to tortuous and
confusing paper work, backlogs due to various quotas and processing delays
at US Citizenship and Immigration Service (USCIS), other allied state and
federal agencies.
Several categories of EB immigrant visa (Green Card) numbers were
unavailable ("retrogressed") since the fall of 2005. For the past several
decades, the US Department of State (DOS) has been publishing advisories
known as visa bulletins once a month to announce the availability of
immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
DOS announced that all EB visa numbers would be "current" for the month of
July. This meant, irrespective of our "priority date" (date assigned to us
for our turn in the line for Green Cards), all of us were made eligible to
apply for some interim immigration benefits. This "priority date" refers
to the date when our labor certification (documentation verifying no US
citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate
green card for most of us; but at least it would have ensured us interim
benefits such as the right to travel and right to work for any employer-
this was still a welcome change. Especially, for dependent spouses who are
otherwise unable to work, this would have translated into right to travel
and work without restriction and thus channel their energies positively.
Several dependent spouses are also highly-skilled.
Tens of thousands of applicants spent thousands of dollars in legal fees,
immigration medical exams & vaccinations & getting various supporting
documents ready to file our immigrant petitions to USCIS, at times
inconveniencing our old parents in our home countries as well. It has been
an agonizing two weeks for us. Some of us to had to fly in our spouses
from our home countries or have had to cut short business trips. Hundreds
of millions of dollars were spent by thousands of immigrants in
preparation of their application. To our shock and dismay, on the morning
of July 2nd 2007, USCIS announced that EB visa numbers were not available
and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and
disheartening experience. These are people that are in the country
legally, paid taxes and followed all the rules.
We sincerely seek immediate congressional/ legislative remedial measures
which would (1)Reduce the enormous backlogs of green card petitions of
legal skilled immigrants (2)Ensure and request USCIS not to reject our
immigrant visa petitions filed in July and provide us interim benefits of
a pending immigrant visa petition. We make this sincere request with the
hope that people who played by the rules will be rewarded.
Sincerely,
XX
You will receive confirmation from senetor's office.
Thanks
http://www.congress.org/congressorg/mailapp/
enter your address to find the senetor of your area.
Fill up your contact info.
Paste the templet:
I am a highly-skilled professional who entered this country legally. I've
been waiting for my US permanent resident visa -also known as "Green Card"
for the past several years along with 500,000 other educated, highly
skilled employment based (EB) immigrants. Many of us have been waiting for
our turn to get Green Cards for 5-10 years while consistently abiding by
all the laws of this country. Such long delays are due to tortuous and
confusing paper work, backlogs due to various quotas and processing delays
at US Citizenship and Immigration Service (USCIS), other allied state and
federal agencies.
Several categories of EB immigrant visa (Green Card) numbers were
unavailable ("retrogressed") since the fall of 2005. For the past several
decades, the US Department of State (DOS) has been publishing advisories
known as visa bulletins once a month to announce the availability of
immigrant visa numbers. On June 13, 2007, after a gap of nearly two years,
DOS announced that all EB visa numbers would be "current" for the month of
July. This meant, irrespective of our "priority date" (date assigned to us
for our turn in the line for Green Cards), all of us were made eligible to
apply for some interim immigration benefits. This "priority date" refers
to the date when our labor certification (documentation verifying no US
citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate
green card for most of us; but at least it would have ensured us interim
benefits such as the right to travel and right to work for any employer-
this was still a welcome change. Especially, for dependent spouses who are
otherwise unable to work, this would have translated into right to travel
and work without restriction and thus channel their energies positively.
Several dependent spouses are also highly-skilled.
Tens of thousands of applicants spent thousands of dollars in legal fees,
immigration medical exams & vaccinations & getting various supporting
documents ready to file our immigrant petitions to USCIS, at times
inconveniencing our old parents in our home countries as well. It has been
an agonizing two weeks for us. Some of us to had to fly in our spouses
from our home countries or have had to cut short business trips. Hundreds
of millions of dollars were spent by thousands of immigrants in
preparation of their application. To our shock and dismay, on the morning
of July 2nd 2007, USCIS announced that EB visa numbers were not available
and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and
disheartening experience. These are people that are in the country
legally, paid taxes and followed all the rules.
We sincerely seek immediate congressional/ legislative remedial measures
which would (1)Reduce the enormous backlogs of green card petitions of
legal skilled immigrants (2)Ensure and request USCIS not to reject our
immigrant visa petitions filed in July and provide us interim benefits of
a pending immigrant visa petition. We make this sincere request with the
hope that people who played by the rules will be rewarded.
Sincerely,
XX
You will receive confirmation from senetor's office.
Thanks
AB1275
12-16 11:36 AM
My lawyer has submitted the advertisement to TWC for EB2 and EB3 category to weigh the options. She says it takes 5-10 business days for a response.....Is this true?
She suggested that if we take the route of EB2 for the second time, the scrutiny will be more intense and hence my W-2 of 2008 should also show the wages per the payscale even though my new filing will start in 2009. Is this true?
Kindly help!
She suggested that if we take the route of EB2 for the second time, the scrutiny will be more intense and hence my W-2 of 2008 should also show the wages per the payscale even though my new filing will start in 2009. Is this true?
Kindly help!
hnordberg
July 15th, 2004, 11:55 AM
Wow! That is an amazing image!
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