greencardfever
02-18 08:27 AM
Thanks a lot for all your answers!
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msp1976
03-10 07:24 PM
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
They are legally not irresponsible....They very well know what is going on....
They are the ones who designed the whole doggone system....
At the worst you can say that they are ethically wrong...
They have no obligation to explain anything to you...
In fact some would tell you to wait for two years to file for green card and they would be well within their rights...
For a class action suit you need a credible argument.
The way the law is structured...we do not have a very good argument..
If you do find good argument let us know..I am sure there are members who would be interested...
Also who exactly would you sue ?? People have tried suing USCIS already with not much of success...
If you sue your employer..there goes your job...
The best recourse we have at present is through legislative efforts...
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
They are legally not irresponsible....They very well know what is going on....
They are the ones who designed the whole doggone system....
At the worst you can say that they are ethically wrong...
They have no obligation to explain anything to you...
In fact some would tell you to wait for two years to file for green card and they would be well within their rights...
For a class action suit you need a credible argument.
The way the law is structured...we do not have a very good argument..
If you do find good argument let us know..I am sure there are members who would be interested...
Also who exactly would you sue ?? People have tried suing USCIS already with not much of success...
If you sue your employer..there goes your job...
The best recourse we have at present is through legislative efforts...
vattam
09-29 03:29 PM
I filed in Mid July for I-140 with NSC. the dates in the web site shows in November 2005. Are you sure the dates are currently in MAY 2006. I cannot upgrade my case to premium processing for technical reasons. IF the dates are in MAY/June, I would appreciate JAnilsal if you can reconfirm them.
Approvals for Mid-may have started now. They are in that region. July cases would be Nov/Dec.
I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.
Atleast you are able to file it, then why are you restless? Go have a beer!
Approvals for Mid-may have started now. They are in that region. July cases would be Nov/Dec.
I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.
Atleast you are able to file it, then why are you restless? Go have a beer!
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h1techSlave
04-09 09:28 PM
How much does a typical lawyer charges for responding to the Employment verification RFE?
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ebizash
02-08 12:44 PM
Disclaimer - This is only based on my knowledge gathered from different forums so take it as its worth.
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
pappu
02-11 03:10 PM
EAD bole too....Daily Ticket
GC bole too....Quaterly Pass
Illegal Immigrant....without ticket...:).....freeloader
And what is ctizenship?
Lifetime pass :)
GC bole too....Quaterly Pass
Illegal Immigrant....without ticket...:).....freeloader
And what is ctizenship?
Lifetime pass :)
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pponakan
02-15 11:31 PM
bbct :
My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.
I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.
AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.
HTH
My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.
I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.
AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.
HTH
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hsingh82
06-25 01:37 PM
I am asking people to think before acting.
I am not opposing webfax. I am opposing webfax you are sending to promite illegals. These organizations are going to use you to market them self. Secondly nobody is going to read your fax if you even change the words.
Organizations supporting illegals will do nothing for legals.
If you think that by changing the words , you can use their fax to spread your message, then why dont you go to anti-immigrant websites and change their words and send faxes to support legals. You will not do it because you know anti-immigrant is written on top of the fax.
So why do you want to become a puppet of someone else.
psaxena if you really want to do something, how about collecting the names of all the people in the meeting and post their phone numbers on the forum. Then tell us what to say and we will all call their offices now.
Do you understand that if anything is going to happen for us it has to be through CIR at this time? It is a fact that Illegal immigration group with 12 million people have much louder voice than we IV/legal immigrants. If you don't suppport CIR then you are supporting anti-immigrants by sitting quite at this time. CIR may be 90% for illegals and 10% for legals and with friends like Zoe Lofgren in the committee we should be hopeful that there will be definitely some relief for us. Ist step is to support CIR.
I am not opposing webfax. I am opposing webfax you are sending to promite illegals. These organizations are going to use you to market them self. Secondly nobody is going to read your fax if you even change the words.
Organizations supporting illegals will do nothing for legals.
If you think that by changing the words , you can use their fax to spread your message, then why dont you go to anti-immigrant websites and change their words and send faxes to support legals. You will not do it because you know anti-immigrant is written on top of the fax.
So why do you want to become a puppet of someone else.
psaxena if you really want to do something, how about collecting the names of all the people in the meeting and post their phone numbers on the forum. Then tell us what to say and we will all call their offices now.
Do you understand that if anything is going to happen for us it has to be through CIR at this time? It is a fact that Illegal immigration group with 12 million people have much louder voice than we IV/legal immigrants. If you don't suppport CIR then you are supporting anti-immigrants by sitting quite at this time. CIR may be 90% for illegals and 10% for legals and with friends like Zoe Lofgren in the committee we should be hopeful that there will be definitely some relief for us. Ist step is to support CIR.
more...
jambapamba
07-18 01:07 AM
Is it possible to file I-485 without I-693(Medical) ?
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
NO WAY.
The reason I ask is that I cannot get a doctor's appointment in July. For some reason, if we are able to file in July, can I submit the 485 first and submit teh I-693 later.
Please advise
NO WAY.
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urbaneagle
02-23 12:30 PM
I filed I-765 in January and got 1-year EAD last week. I called USCIS today and explained the error. It took a while to explain this to agent but he got it that this is a renewal application on the basis of pending I-485 without available visa number.
He filed service request for the error. As far as he knew, USCIS will send another EAD and send further instruction about 1-year EAD.
I filed EAD/AP together but the EAD I got is not a "Combo Card" (USCIS Term for combined EAD/AP)
I shall keep you posted.
He filed service request for the error. As far as he knew, USCIS will send another EAD and send further instruction about 1-year EAD.
I filed EAD/AP together but the EAD I got is not a "Combo Card" (USCIS Term for combined EAD/AP)
I shall keep you posted.
more...
optimystic
04-06 01:48 AM
Thanks to everybody who took time to share their opinions here.
Yup, there's some good information here.
Yup, there's some good information here.
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validIV
03-18 10:25 AM
He will have the H1 status until the expiry date. But only thing he may not be able to transfer H1 if there is no other case is pending.
Youre allowed to stay in H1 status for 6 years. If you want to extend it over 6 years, that extension will be based on the EB petition (you need an LC and approved I-140). If that EB petition is denied and denied again thru appeals (MTRs), you are out of status.
Please read: http://www.immigration-information.com/forums/showthread.php?t=5293
Please consult your immigration attorney and do not rely on information posted here, that is your best chance at being assured.
Youre allowed to stay in H1 status for 6 years. If you want to extend it over 6 years, that extension will be based on the EB petition (you need an LC and approved I-140). If that EB petition is denied and denied again thru appeals (MTRs), you are out of status.
Please read: http://www.immigration-information.com/forums/showthread.php?t=5293
Please consult your immigration attorney and do not rely on information posted here, that is your best chance at being assured.
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knnmbd
01-25 03:44 PM
They cannot reject...I thaught I exaplained it clearly enough....
Yeah sure you explained it enough, but you have your fact's all wrong.Get your fact's right before shooting you guns.
Yeah sure you explained it enough, but you have your fact's all wrong.Get your fact's right before shooting you guns.
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ZigZag
07-12 06:32 PM
my PD is April 2006, so i guess i would need to wait 1 year to get the dates moving, since it would be quite a huge backlog clearing up
any guesses when it would move next
It will move to Sep 06 or Dec 06 in the next bulletin for EB2-I, and March 2002 for EB3-I. Don't ask how I know this -- Ask Q
any guesses when it would move next
It will move to Sep 06 or Dec 06 in the next bulletin for EB2-I, and March 2002 for EB3-I. Don't ask how I know this -- Ask Q
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krishnam70
08-14 11:21 PM
My F1 visa was rejected for no good reason long back, before i even came on H1B. So its kind of scary every time I have to go for visa stamping. Its very random. Guess its just the fear inside me.
So I guess its all about the risk, if or not I want to get my H1B visa stamped or just wait for the freaking AP.
I was in the same boat as you and came here subsequently on H1. I do not think your F1 reject has any bearing on your H1 stamping both are different. If your stay in the US has been lawful, no gaps, out of status etc then you should be good be in good shape. You know the drill on the documents to carry etc if needed to get the stamping out of country.
cheers
So I guess its all about the risk, if or not I want to get my H1B visa stamped or just wait for the freaking AP.
I was in the same boat as you and came here subsequently on H1. I do not think your F1 reject has any bearing on your H1 stamping both are different. If your stay in the US has been lawful, no gaps, out of status etc then you should be good be in good shape. You know the drill on the documents to carry etc if needed to get the stamping out of country.
cheers
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ganguteli
03-16 01:02 PM
I saw this on an anti immigrant site by a M*****r.
Hope some of you will learn a lesson from it and stop posting threads about Telgus, Eb3 vs Eb2.
I have also seen posts by ignorant educated illiterates on IV where they advice people to do illegal things. Some of you own consulting firms or businesses and try to promote it by posting and sending Private messages. If we see such message, let us give reds and report to IV. We also need to discourage people from answering wrong info to posts where someone is illegal/out of status. All this used against us.
They are right to be worried. The L-1 has more restrictions on it than the H-1B, because of a crackdown about 5-6 years ago (if memory serves). They were interpreting ANY IT skill as 'specialized knowledge' that would justify bringing in their folks, then shopping them out to displace ours. Even that notorious traitor, Harris Miller (former head of ITAA) warned them to cut it out, but Hindu hubris prevailed. Until the crackdown. There are two types of L-1 visa, one for managers and one for subject specialists.
One interesting thing: over on Immigration Voice and on any board that allows posts, as soon as we start nailing the problems of the H-1B visa, they start whining, 'what about the L-1' and 'what about the illegals from Mexico' (as in, go worry about them and leave us alone). When the seat gets really hot for them, then the internal ethnic and caste hostilities often start to show. 'It's those gultis' (Andhra Pradeshis), 'It's those gujjus' (Gujaratis), 'It's those greedy Banias' (large merchant class), 'It's the northerners (or southerners)' and so on and so forth.
Another interesting thing: In all the years that I've been watching Immigrationvoice.org, I've seen many situations where an H-1B has fallen out of status. Firing, layoff, botched job switch, etc. In only ONE case have I seen the advice be, "pack your bags." There are a million loopholes that Americans might be outraged to learn about. 8-9 years ago, the average American had no clue about guestworkers visas, but now they know something has gone very wrong in the job market.
Hope some of you will learn a lesson from it and stop posting threads about Telgus, Eb3 vs Eb2.
I have also seen posts by ignorant educated illiterates on IV where they advice people to do illegal things. Some of you own consulting firms or businesses and try to promote it by posting and sending Private messages. If we see such message, let us give reds and report to IV. We also need to discourage people from answering wrong info to posts where someone is illegal/out of status. All this used against us.
They are right to be worried. The L-1 has more restrictions on it than the H-1B, because of a crackdown about 5-6 years ago (if memory serves). They were interpreting ANY IT skill as 'specialized knowledge' that would justify bringing in their folks, then shopping them out to displace ours. Even that notorious traitor, Harris Miller (former head of ITAA) warned them to cut it out, but Hindu hubris prevailed. Until the crackdown. There are two types of L-1 visa, one for managers and one for subject specialists.
One interesting thing: over on Immigration Voice and on any board that allows posts, as soon as we start nailing the problems of the H-1B visa, they start whining, 'what about the L-1' and 'what about the illegals from Mexico' (as in, go worry about them and leave us alone). When the seat gets really hot for them, then the internal ethnic and caste hostilities often start to show. 'It's those gultis' (Andhra Pradeshis), 'It's those gujjus' (Gujaratis), 'It's those greedy Banias' (large merchant class), 'It's the northerners (or southerners)' and so on and so forth.
Another interesting thing: In all the years that I've been watching Immigrationvoice.org, I've seen many situations where an H-1B has fallen out of status. Firing, layoff, botched job switch, etc. In only ONE case have I seen the advice be, "pack your bags." There are a million loopholes that Americans might be outraged to learn about. 8-9 years ago, the average American had no clue about guestworkers visas, but now they know something has gone very wrong in the job market.
more...
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urbaneagle
02-23 12:30 PM
I filed I-765 in January and got 1-year EAD last week. I called USCIS today and explained the error. It took a while to explain this to agent but he got it that this is a renewal application on the basis of pending I-485 without available visa number.
He filed service request for the error. As far as he knew, USCIS will send another EAD and send further instruction about 1-year EAD.
I filed EAD/AP together but the EAD I got is not a "Combo Card" (USCIS Term for combined EAD/AP)
I shall keep you posted.
He filed service request for the error. As far as he knew, USCIS will send another EAD and send further instruction about 1-year EAD.
I filed EAD/AP together but the EAD I got is not a "Combo Card" (USCIS Term for combined EAD/AP)
I shall keep you posted.
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optimystic
02-16 02:57 AM
You should be allocated a visa number if nothing is wrong with your application... If its quite old as it looks to be, they may issue an RFE for EVL.. and you can respond asap and still be optimystic.. Chances are high that you'll get a Visa number assigned to you if the quota doesn't finish in the first week of March... Actual approval can come months later even if the PD has retrogressed...
So chill and prepare for EVL or straight approval...
Name check is irrelevant now.. Its 180 days from when FBI name check was initiated.. Its normally around your Notice Date...
Though my PD is quite old , I didn't get to my I-140 filing until Jan 2007 thanks to the labor certification backlog hell. It was filed premium and approved in Jan 07 itself. And also my I-485 was filed in last week of July. So the information USCIS has is kind of recent. And I have stayed with the same employer so far (One of world's well reputed & largest IT company)
I hope they look at these facts and dont bother sending an RFE or EVL and send me the straight approval ! (Fingers crossed and touch wood and whatever else !)
So chill and prepare for EVL or straight approval...
Name check is irrelevant now.. Its 180 days from when FBI name check was initiated.. Its normally around your Notice Date...
Though my PD is quite old , I didn't get to my I-140 filing until Jan 2007 thanks to the labor certification backlog hell. It was filed premium and approved in Jan 07 itself. And also my I-485 was filed in last week of July. So the information USCIS has is kind of recent. And I have stayed with the same employer so far (One of world's well reputed & largest IT company)
I hope they look at these facts and dont bother sending an RFE or EVL and send me the straight approval ! (Fingers crossed and touch wood and whatever else !)
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walking_dude
11-19 05:07 PM
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
How do Promotions impact one's existing GC application?
for example: one filed for the GC as a Software Engineer, 5 years down the road one switches to a different company in the same area/location using EAD (avoiding AC21 for now) and the salary is 30 % higher than that was mentioned on one's LC filing and the job title is sr software engineer (same or similar responsibilities, senior title). How would something like this impact one's GC application?
I also wonder what would happen to the GC application if one was to get another promotion and become a manager with even a higher salary (some job responsibilities stay the same and some new managerial responsibilites get added).
I am sure many of us would have faced this since clearly many of us have been waiting for many many years - I would really appreciate your input on this. Thanks!
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
How do Promotions impact one's existing GC application?
for example: one filed for the GC as a Software Engineer, 5 years down the road one switches to a different company in the same area/location using EAD (avoiding AC21 for now) and the salary is 30 % higher than that was mentioned on one's LC filing and the job title is sr software engineer (same or similar responsibilities, senior title). How would something like this impact one's GC application?
I also wonder what would happen to the GC application if one was to get another promotion and become a manager with even a higher salary (some job responsibilities stay the same and some new managerial responsibilites get added).
I am sure many of us would have faced this since clearly many of us have been waiting for many many years - I would really appreciate your input on this. Thanks!
dealsnet
07-01 11:44 AM
My friend is also with Ron, and he is highly satisfied. My lawyer before is a Desi woman in New York. I am upset with her most of the times. Final RFE reply for my wife's (I-485) is send by me and got approved within a week. (lawyer asked me big $$$)
I didn't know Ron when I started my labor process.
My recomendation to everyone to go to Ron Gotcher to avoid headaches.
Been with Ron Gotcher for over 5 years now. Never ever had a problem. The best thing is you can talk to him or his son anytime regarding any immigration issues. I had lots of H1 issues with my current employer and he was gracious enough to talk to my employer several times and help them out without charging me a penny. I would highly recommend him.
I didn't know Ron when I started my labor process.
My recomendation to everyone to go to Ron Gotcher to avoid headaches.
Been with Ron Gotcher for over 5 years now. Never ever had a problem. The best thing is you can talk to him or his son anytime regarding any immigration issues. I had lots of H1 issues with my current employer and he was gracious enough to talk to my employer several times and help them out without charging me a penny. I would highly recommend him.
vin13
09-22 11:38 AM
we have tried our best and still trying....Now i have come to peace thinking that it is all fate.....it doesnt matter how much hard work you did...all it matters is fate