kk_kk
02-04 09:44 AM
My wife was allowed to travel on BA when she went from US to India. But when we were returning to US, the ticketing agent in India would not issue bording pass because Canadian PR can only be used if you are travelling to Canada and NOT to USA. The ticketing manager even called someone in London Airport to get the confirmation and after that they just denied my request even after showing the document that says Canada PR issues after Apr 2005 does not require transit visa.
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
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anu_t
06-17 01:31 AM
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
kaisersose
02-13 04:00 PM
You guys deserve it after waiting for so long.
If they have not used Labor substitution :-).
Seriously, you can try making an infopass appointment and try your luck. Sometimes if they are in a pleasant mood, you may juts get the answers you need.
Try it anyway, as you do not lose anything.
If they have not used Labor substitution :-).
Seriously, you can try making an infopass appointment and try your luck. Sometimes if they are in a pleasant mood, you may juts get the answers you need.
Try it anyway, as you do not lose anything.
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snathan
02-01 09:35 PM
Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
How come a wife can have another wife...:D if you are not aware the OP is a girl.
You didnt tell which movie cd...?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
How come a wife can have another wife...:D if you are not aware the OP is a girl.
You didnt tell which movie cd...?
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lost_in_migration
05-15 12:08 PM
I absolutely agree. A good legislation is the only solution. Let us hope that more ppl have that far-sightedness and keep visiting and contributing to IV.
PD current does not gaurentee any thing...
May be people who are short sighted may stop visiting.
But people who are seeing the whole picture would
definitley visit here and contribute to IV.
good luck
babu
PD current does not gaurentee any thing...
May be people who are short sighted may stop visiting.
But people who are seeing the whole picture would
definitley visit here and contribute to IV.
good luck
babu
bipin
03-18 02:45 AM
I worked with a desi consulting company Since Aug 2006. I moved to that company with my current project with the promise of faster GC process. My PERM was approved in Nov 2007, so missed July 2007 filing. I had to leave for India for few months due to an urgent personal issue and came back in April 2008. So I didn't work for 5 months (Nov 2007 - Apr 2008). When I came back he couldn't find any project for me and I realized he was a small company (The company was in NJ and I'm in CA). I found a job on my own in May 2008 and since I realized I'll be in trouble with him again I moved to another consulting company. Since he didn't pay me for 5 months and to prevent me from complaining against him, he said he'll take care of I-140. He said there was an RFE in Mar 2008 and he responded back. He told me it was on my W2 and I asked attorney and he also confirmed it. I didn’t get a copy of I-140 receipt, but I got the receipt number when it was applied.
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
And he cancelled my H1 in Aug 2008, though it was valid until Sep 2008. I asked him about this and he said, it's Ok now since I transferred the H1 and he'll not withdraw the I-140. Since I could successfully transfer my H1 w/o paychecks, I decided to leave those behind and move on with my life.
I applied my PERM with this new company in May 2009 and it's not yet approved. In Sep 2009 I saw my I-140 was approved with my previous employer and I called him and he never responded back. Then I saw his website also went away. Looks like he closed the shop.
Now in Feb 2010 I saw my I-140 status as withdrawn. This is the worst thing he could do and I'm mad! This is my 8th year in US and I used my I-140 number to extend the H1 and now it's due in Apr 2010 and I don't have a valid I-140 number (my PERM was applied with the new company in May 2009) and it's short of 20 days for 365 days past, I'm in BIG trouble!
I was taking care of all immigration expenses (H1 Fee, H1 & I-140 Attorney Fee). He made free $$$ from me for 15 months. But he was smart enough not to leave any proof that I paid for these expenses!
So I've two issues now to take care of.
- To extend my Visa
- And to sue my ex-employer for screwing my life. Since It's one year past since my H1 validity with him (H1 was valid until Aug 2008) Can I complain against him to get those 5 months bench salary or the statutory limit is over?
PLEASE HELP.
The timeline for you to help me.
On Bench with ex-employer Nov 2007 - April 2008 (5 months)
H1 transferred to new company in May 2008
H1 was valid until Sep 2008 with ex-employer, cancelled it in Aug 2008
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alisa
03-26 11:10 PM
I was reading up on gift tax. Normally, it is the donor (the person giving the gift) that pays the gift tax (if at all.)
What if your family (who lives outside the USA, and does not have greencard/citizenship) sends you some money, in excess of $12k.
Now, they don't file US taxes, so they don't pay any gift tax.
And this is not declared as an income in your income tax statement.
Do we have to pay any kind of gift tax or anything on it?
Do we have to declare it anywhere?
What if your family (who lives outside the USA, and does not have greencard/citizenship) sends you some money, in excess of $12k.
Now, they don't file US taxes, so they don't pay any gift tax.
And this is not declared as an income in your income tax statement.
Do we have to pay any kind of gift tax or anything on it?
Do we have to declare it anywhere?
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krishna.ahd
02-23 04:46 PM
Can H4 dependent join college without changing his/her visa status to students visa.
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
Now the H1 and H4 are decoupled against 6 years limit , one can afford to remain in H4 , people used to get F1 (while on college) only to avoid 6 years limit on H4 , but there are other disadvantages to remain on H4
I dont think there should be any impact on GC process, consult your attorney
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
Now the H1 and H4 are decoupled against 6 years limit , one can afford to remain in H4 , people used to get F1 (while on college) only to avoid 6 years limit on H4 , but there are other disadvantages to remain on H4
I dont think there should be any impact on GC process, consult your attorney
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desi3933
06-21 10:30 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
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venky_handsy
03-07 10:46 PM
you are fine. if you are on vacation for x number of hours...that is fine.
they will see per month salary ..or per hour salary matches your labor wages...be kool.
they will see per month salary ..or per hour salary matches your labor wages...be kool.
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jliechty
January 6th, 2005, 10:57 PM
A tip - use a mask on the upper layer instead of an eraser; it's easier to change later on and fine-tune if you'd like. Of course, you could also use a Channel Mixer adjustment layer with mask to make fine adjustments to the B&W conversion. :)
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wandmaker
02-11 08:01 AM
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
IV and its members support only legal immigration. You violated the law by overstaying your visa, dont seek help/advise here, consult with your attorney.
My question to you .. my lottery case priority date can be use for my eb3 case?
IV and its members support only legal immigration. You violated the law by overstaying your visa, dont seek help/advise here, consult with your attorney.
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on_h1b_since_1998
02-08 12:51 PM
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
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soneC
06-15 01:10 PM
Dear Ms. Martin:
Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:
1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?
2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?
3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?
4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?
5. Please give me a fee quote for I-485/EAD/AP?
Thank you so much. I am looking forward to your reply.
Sincerely
Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:
1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?
2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?
3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?
4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?
5. Please give me a fee quote for I-485/EAD/AP?
Thank you so much. I am looking forward to your reply.
Sincerely
more...
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mytrix76
01-10 01:20 PM
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
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jsb
05-07 02:26 PM
I think if iam not wrong its not based of the priority date or anything else. Its just random
They are not random. The do have some logic.
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
They are not random. The do have some logic.
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
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vkmurthy260
06-20 11:11 PM
According to my attorney i have to go out of the country and come back to get a new I 94 , He also said for trips to mexico less than 30 days you dont get a new I 94 is that true , i dont want to file a extension bcos i cant afford attorney fees now. Anyone got a new I 94 when entering from Mexico.
Thanks
Kris.
Thanks
Kris.
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lazycis
02-11 09:52 AM
wow.. thanks guys.. you guys so nice..i didt come illegal here.. like you see i said i lost my statu becouse some thing stupit happens..and i try to stay legal..anyway..thank for you support..
Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
Anyway, you cannot use your lottery case as that visa number expired back in 03.
Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
Anyway, you cannot use your lottery case as that visa number expired back in 03.
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return_to_india
01-19 04:42 PM
In this land where honey and milk flows, i always have that anxiety of loosing ( by virtue of lay off ) 'affordable' health care coverage and i haven't fully read what all fine-print stuff BlueCross Prudent Buyer plan have. And i do have a chronic condition. Currently the monthly premium is around $500 for the 3 member family.
RLNY122004
06-15 04:25 PM
I won't .
Congrats RLNY122004! Dont forget IV!
Congrats RLNY122004! Dont forget IV!
thescadaman
09-28 06:39 PM
Folks,
My wife's first name has been misspelled on the Finger Printing notice as well as the I-485. My lawyer has advised me to reschedule the FP so as we can ask USCIS for the correction.
I was wondering if any of you guys ran into the same issue and went for the finger printing anyways.
If yes, please share your experience.
Thanks,
Aup
Same situation. I had a mispelled last name on my I-485 and fp notice. I called the USCIS number mentioned in the Notice. It clearly says, if you find any error then call us at .... number. You need to call them and tell them about the Typo. They will then give you a tracking number for the typo correction request. The USCIS support said that I can carry that typo correction request tracking number and my mispelled fp notice and photo id and everything should be fine. You can confirm that too by callling USCIS. I don't think you need to reschedule fp appointments.
Please post what did USCIS tell you when you call them to fix your typo.
My wife's first name has been misspelled on the Finger Printing notice as well as the I-485. My lawyer has advised me to reschedule the FP so as we can ask USCIS for the correction.
I was wondering if any of you guys ran into the same issue and went for the finger printing anyways.
If yes, please share your experience.
Thanks,
Aup
Same situation. I had a mispelled last name on my I-485 and fp notice. I called the USCIS number mentioned in the Notice. It clearly says, if you find any error then call us at .... number. You need to call them and tell them about the Typo. They will then give you a tracking number for the typo correction request. The USCIS support said that I can carry that typo correction request tracking number and my mispelled fp notice and photo id and everything should be fine. You can confirm that too by callling USCIS. I don't think you need to reschedule fp appointments.
Please post what did USCIS tell you when you call them to fix your typo.
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