sujan_vatrapu
10-27 02:23 PM
Great to know, this is a revelation so you need to get more info about Fox TV, how right they are here more than this senas..
So along with Fox TV what help you are planning for all of our immigration problems?
first of all, just for putting my point out are u trying to point finger at me? this is exactly what hinders the development, we need a dialogue and not controversy or finger pointing, i am fine with you not agreeing with me, everyone is entitled to their opinion but lets have a conversation, lets put out our opinions and let ppl base their decisions on our conversation,
regarding my contributions i have attended IV chapter meetings, called senator/congresman offices whenever there is an IV action item, i wont ask ur plans on helping immigrant community (because that's not the point here), but u r already helping others by contributing to this discussion which lets other form an opinion,
So along with Fox TV what help you are planning for all of our immigration problems?
first of all, just for putting my point out are u trying to point finger at me? this is exactly what hinders the development, we need a dialogue and not controversy or finger pointing, i am fine with you not agreeing with me, everyone is entitled to their opinion but lets have a conversation, lets put out our opinions and let ppl base their decisions on our conversation,
regarding my contributions i have attended IV chapter meetings, called senator/congresman offices whenever there is an IV action item, i wont ask ur plans on helping immigrant community (because that's not the point here), but u r already helping others by contributing to this discussion which lets other form an opinion,
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cableching
07-18 06:14 PM
USCIS Looks at I-94 you entered on the I-485 application.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
Rb_newsletter
04-13 07:56 PM
So even if you get GC out of turn, I believe the correct thing to do is to return it. Or it can be more problems.
Here's the link on that topic:
http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html
You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?
On a side note:
If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?
Here's the link on that topic:
http://immigrationvoice.org/forum/forum105-immigrant-visa/659959-gc-received-in-error.html
You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?
On a side note:
If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?
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digital2k
08-06 12:44 PM
*
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fromnaija
12-03 04:09 PM
With due respect to Prashanthi, I don't think the OP aged out of his I-485. Since his parent submitted their and his I-485 in 2007 (that is before he turned 21), his application is protected under CSPA. In fact with respect to EB, once the I-485 is submitted and then the PD retrogresses, the child's age is locked in and the application will be approved whenever the PD becomes current again.
See page 3 of this document:
http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.
It's risky for the OP to go out of the US while his application is pending. However, it can be done if he has advance parole. He will have to return each year to renew his AP. If this is a risk you are willing to take, you could go but be aware of this.
See page 3 of this document:
http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.
It's risky for the OP to go out of the US while his application is pending. However, it can be done if he has advance parole. He will have to return each year to renew his AP. If this is a risk you are willing to take, you could go but be aware of this.
shankar_thanu
08-05 12:47 PM
RD: July 2nd
PD: Oct 2005
ND: Aug 24 2008
EB2 I
Someone in another thread posted saying TSC IO said they are processing by ND...
PD: Oct 2005
ND: Aug 24 2008
EB2 I
Someone in another thread posted saying TSC IO said they are processing by ND...
more...
styrum
03-14 03:17 PM
You can travel back to India on an expired US VISA also.
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
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buehler
07-27 09:11 AM
Good idea. I would suggest that you also add uscis.gov to your search. It doesn't seem to be showing any pages from that site
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rajuram
05-06 11:17 PM
I am a jul 2007 filer, EB3 India, Priority Date 4/2002.
Around 10 days ago, I got a soft lud for the first time on my 485!!! Since my PD is not current, why would LUD change? Does it mean that they are looking at it?
Around 10 days ago, I got a soft lud for the first time on my 485!!! Since my PD is not current, why would LUD change? Does it mean that they are looking at it?
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eb3_nepa
02-12 02:14 PM
Dont forget "CHEAP" ;)
Good but LAZY and CHEAP ;)
Good but LAZY and CHEAP ;)
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srikondoji
11-21 07:52 AM
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
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shreekhand
07-29 10:33 AM
As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.
In short it is not easy to go back full time studying while your I-485 is pending.
This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.
In short it is not easy to go back full time studying while your I-485 is pending.
This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.
more...
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madhu345
03-14 07:09 AM
From my experince you can earn referral fees but you have to file your taxes for that amount, send me PM if you need any further details.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
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GC_1000Watt
12-03 04:26 PM
The simple reply to this question I could think of is that Dream Act is not meant to benefit Legal immigrants, however Visa recapture will directly benefit all the Employment based legal immigrants.
Thanks.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
Thanks.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
more...
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fromnaija
12-08 04:52 PM
I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.
AP could be mailed but the applicant MUST be in the USA at the time of application.
AP could be mailed but the applicant MUST be in the USA at the time of application.
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breddy2000
06-25 10:06 AM
Bumping up.
Atleast , you are sure that you can leave your employer after 2 yrs.
But if you do not file now and the date retrogesses again,. you may not be able to file any time sooner...with this CIR and stuff like that, which are not favourable to us. I would say just go ahead and do it.
See if there is any breakage clause. if they have, then if you like quit them and pay the Penalty or what ever.
I say all these are made up by the Employers to scare the employees.
As of now, just accept in what ever they say....and later on see if it is legal/illegal etc...
Atleast , you are sure that you can leave your employer after 2 yrs.
But if you do not file now and the date retrogesses again,. you may not be able to file any time sooner...with this CIR and stuff like that, which are not favourable to us. I would say just go ahead and do it.
See if there is any breakage clause. if they have, then if you like quit them and pay the Penalty or what ever.
I say all these are made up by the Employers to scare the employees.
As of now, just accept in what ever they say....and later on see if it is legal/illegal etc...
more...
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Ann Ruben
01-24 10:05 AM
Do you have a currently valid H-1 visa stamped in your passport? If you do, you don't have to apply for a new visa at a US Consul abroad. You would only have to leave the US and return using that visa and presenting the approval notice for company A along with proof that you are coming to the US to work for company A.
I agree with Raysaikat that USCIS is not likely to approve a nunc pro tunc H-1 under these circumstances. But whether or not you pursue this option, you should get and keep as much documentation as possible to show you honestly and reasonably believed you were authorized to work for company B. Such documentation might include any written communications from company B or the attorney telling you that the H petition had been filed and/or that you could legally begin work for them.
Ann
I agree with Raysaikat that USCIS is not likely to approve a nunc pro tunc H-1 under these circumstances. But whether or not you pursue this option, you should get and keep as much documentation as possible to show you honestly and reasonably believed you were authorized to work for company B. Such documentation might include any written communications from company B or the attorney telling you that the H petition had been filed and/or that you could legally begin work for them.
Ann
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cableching
07-18 06:14 PM
USCIS Looks at I-94 you entered on the I-485 application.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
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Oct007
11-11 08:53 PM
I have followed what many people suggested and applied for the H1B renewal.
Now I have to travel to India in the last week of November. I have a valid EAD and AP document. My H1B will be expiring and the renewal will be filed but I wont be receiving the approval.
I can use the AP and renter U.S but will that result in a cancellation of my H1B renewal?
Now I have to travel to India in the last week of November. I have a valid EAD and AP document. My H1B will be expiring and the renewal will be filed but I wont be receiving the approval.
I can use the AP and renter U.S but will that result in a cancellation of my H1B renewal?
Img
10-19 08:20 AM
Apparantly checks are not accpted any more.
C. Personal Check in Mail:
Begining Oct 18 2007, we are not accepting paper checks in the mail for an indefinate amount of time. If you have already sent the check before Oct 18 2007, we will accept it and encash it. Please contribute funds electronically using the Paypal or Google checkout links above. Thank you for your contributions and sorry for the inconvenience.
RK
C. Personal Check in Mail:
Begining Oct 18 2007, we are not accepting paper checks in the mail for an indefinate amount of time. If you have already sent the check before Oct 18 2007, we will accept it and encash it. Please contribute funds electronically using the Paypal or Google checkout links above. Thank you for your contributions and sorry for the inconvenience.
RK
gc_in_30_yrs
09-12 08:15 PM
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
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