485Mbe4001
09-14 04:47 PM
its a short sighted approach, you will just move from one level of pain to another one...once you realize that you are stuck with no change in job 'status' for 10 odd years you will realize that AC21 is not all that great...ihmo..i agree with you on the SKILL bill
I agree with you guys...especially even if they permit 485 filing pending the priority date...it will help a whole lot of people get out of their employer's tyrannical grip and lead a free life.....:) ...I only hope the SKIL bill gets passed in some way sooner.....
I agree with you guys...especially even if they permit 485 filing pending the priority date...it will help a whole lot of people get out of their employer's tyrannical grip and lead a free life.....:) ...I only hope the SKIL bill gets passed in some way sooner.....
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pmb76
07-15 05:54 PM
in the past lou also made comments that h-1 bs don't pay taxes... which we know is far from truth.
you should inlcude this in the petition
I believe you, I have heard this as well. Although I don't remember watching the show. If you point me to the show on utube I will certainly include it. I can't include statements without adequate proof. Thank you for your support.
you should inlcude this in the petition
I believe you, I have heard this as well. Although I don't remember watching the show. If you point me to the show on utube I will certainly include it. I can't include statements without adequate proof. Thank you for your support.
DSLStart
09-17 02:01 PM
How much do these ppl eat? and Bush says food scarcity crisis is because of India ;)
Is 25 mins not up yet.... this is worse than the so called Indian Standard Time.
Is 25 mins not up yet.... this is worse than the so called Indian Standard Time.
2011 SUV would fit you best?
fall2004us
04-20 03:01 PM
I got soft LUD on 4/10 and a hard LUD on my wife's application on 4/13. My attorney recd the RFE today and informed that USCIS is requesting evidence of my marriage to be bonafide.
My attorney is asking for additional legal fees for replying to RFE. Gurus, do you think I should pay to the attorney or can I just reply to USCIS with evidence?
Thanks,
Praky
Hi Praky,
dont pay anything to your attorney, ask him to mail you the RFE, just attach the marraige certificate along with the RFE + envelope sent by USCIS which has a bar code.
In my case, attorney forwarded the RFE and asked me to mail it myself, I didnt even put a covering letter, RFE letter on top will act as a covering letter. I used USPS overnight, USCIS received the next day and got a hard LUD on my case.
My attorney is asking for additional legal fees for replying to RFE. Gurus, do you think I should pay to the attorney or can I just reply to USCIS with evidence?
Thanks,
Praky
Hi Praky,
dont pay anything to your attorney, ask him to mail you the RFE, just attach the marraige certificate along with the RFE + envelope sent by USCIS which has a bar code.
In my case, attorney forwarded the RFE and asked me to mail it myself, I didnt even put a covering letter, RFE letter on top will act as a covering letter. I used USPS overnight, USCIS received the next day and got a hard LUD on my case.
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HV000
11-10 08:21 PM
---
Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.
Why do you think that i was 'surprised'?? I was just making a point that this policy was absurd!
Why are you so surprised? If you do get permanent residency then too your prospective wife will not be able to immigrate immediately.
Why do you think that i was 'surprised'?? I was just making a point that this policy was absurd!
wandmaker
06-09 08:03 AM
Come on Guys/Gals - we can do better.
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raj2007
06-15 01:00 AM
This is how it works. If you file for your 485 now, the next thing that is expected from you is to wait for the receipt, that would take 3 to 4 weeks. Then you will get finger print notice, that might come in three months time. Once you are done with all this then check the processing date of the respective service centre where you have filed your 485 application.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.
Now coming to the question of unmarried filers, if the principal aplicant's date of marriage is beofe his or her 485 adjudication of adjustment of status, there are two ways principal applicant file for 485 for his or her spouse. The spouse can travel to US on H4 and file for 485 or the principal applicant can do consular processing. Now consular processing is good for those cases whosw w PD is current but since retrogression can kick in anytime it is better to travel to US on H4 and file for 485.
Another important aspect is if you file 485, EAD, Advance Parole and you use EAD, you loose your H1 status, hence on EAD you can not bring in your wife. So unmarried filersn it goes like thisn you go ahead and fileyour 485, then go to your home country brng in your wife on H4n as you have aleast s months of time if NSC, TSC or CSC 485 processing is not current and it is hown 1 month for receipt of 485, three months of time for getting the finger print notice and you can postpone by another month of FP by rescheduling it to another month. So literally you have 4 to 5 months to get married and by that time the dates will retrogress again. So dont worry, just go ahead file your 485 and start looking to get married. But try to bring in your spouse asap so that you can file for your spouses 485 also till the time PD is current. If you are not able to file for 485 for your spouse and you have filed for yourself and whenthe dates retrogresses again when your spouse comed to US you would not be able to use EAD as using EAD nullifies H1 and H4 status. So desi consulting companies will keep on sucking your blood as you cannot change job using EAD. If you need more info on this let me know I have gone through this and waited for almost three years to file for my spouse I resheduled my FP notice in 2004 to get married by the time my wife came retrogression kicked in and waited till June 2007 to file for my wife. My PD june 2002 still waiting
This is 100% incorrect that you lose your H1 when you get your EAD. You can maintain both the status and use H1 for your employement. You can maintain the h1 unless you use AC21 to change job. Check with your attroney for your scenario.
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hinvin66
04-09 02:08 AM
4/8/09 - soft LUD today for self, spouse & child
8/13/08 soft LUD after updating address and invoking AC21
9/20/07 fist status on i_485
8/13/08 soft LUD after updating address and invoking AC21
9/20/07 fist status on i_485
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axp817
03-26 05:22 PM
after soft LUDs I got Hard lud saying RFE sent...
EVL and X Ray-report
Thank you.
EVL and X Ray-report
Thank you.
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storm
08-24 07:32 PM
There you go! Thanks Immigration_Law!
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anurakt
11-13 04:19 PM
Hello anurakt,
Thank for contributing again to IV. You and other members like yourself would be the reason for IVs success in changing the flawed green card system.
Thank you for encouraging other IV members for contributing. As you know, this is very important and more amongst us should encourage our fellow IV members to contribute. Often times it is evident that few IV members are struggling to keep a positive tone on the forums. As you may have experienced, it is easy to post few messages here and there. The message of some of these posts is to throw out ideas for others to implement. But in the end, the success of our community will depend on the contribution from kind members like you. Thank You.
Regards,
WaldenPond
U r welcome ! I will put in more in coming days . I just wish people understand that we are in a good spot and need make the most of it. Wothout money this will not be possibel. At the end of the day I don't want to be left stranded just because I couldn't contribute even a buck.
Thank for contributing again to IV. You and other members like yourself would be the reason for IVs success in changing the flawed green card system.
Thank you for encouraging other IV members for contributing. As you know, this is very important and more amongst us should encourage our fellow IV members to contribute. Often times it is evident that few IV members are struggling to keep a positive tone on the forums. As you may have experienced, it is easy to post few messages here and there. The message of some of these posts is to throw out ideas for others to implement. But in the end, the success of our community will depend on the contribution from kind members like you. Thank You.
Regards,
WaldenPond
U r welcome ! I will put in more in coming days . I just wish people understand that we are in a good spot and need make the most of it. Wothout money this will not be possibel. At the end of the day I don't want to be left stranded just because I couldn't contribute even a buck.
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hrushi_j
09-17 12:59 PM
wow... 25 mins break only
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house quot;infiniti diesel suvquot;,
s_r_e_e
03-18 05:50 PM
I found this only today.. I do not work for this employer since Jan 2008. On EAD now.. 46 days passed since the date mentioned.. not sure what is this about..
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on January 30, 2008, ...
I found out from prev employer that it was due to the H1 withdrawel petition..
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on January 30, 2008, ...
I found out from prev employer that it was due to the H1 withdrawel petition..
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chanduv23
04-28 08:49 PM
AC21 is a law. However, USCIS not yet published the regulation since year 2000, that binds everyone. All these memos since 2000, are internal to USCIS and not binding. They are very clear in the memo that revokation (except on fraud) of an already approved 140 by the petitioner, after 180 days of pending of 485, will not stop the approval of 485, if employee changes to similar occupation. This is just a non bining internal standard of USCIS. It does not have teeth, as it is not a public regulation. However, this internal standard can be changed by any time with/without public notice or through a regulation. Also, one should remember that, they mentioned in one of their memos that, regulation will be much tougher than memo.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
Therefore, as some one is mentioned that, an approved immigrant visa pettion should be always available at the time of issuing GC. That is also a law. This law also need to be met at the time of approval of 485. Therfore AC21 and requirement for availability of approved 140 is two different and counteracting issues.
In practical situation, the employee has no control over 140 in any stage as it is employer's petition. Therefore, if employee leaves the job as per the AC21 law, employer verywell withdraw the 140 even after 180 days of 485 pending and create a situation of unavailability of approved immigrat visa petion for the employee. Therefore, in the final regulation they will make a rule that favours the employee, if everything was bonafide. It is like a aboundened spouse in family catagory.
I think, USCIS is currently taking the tough standard to weed out the consulting compaines (to put a leash on GC factories/body shoppers), as they are the one mostly abusing the EB system. Only those people working in GC factories need to worry. It may be mainly due the current economic situation. I feel thats why they are delaying the regulation. Others need not worry.
Well, 485 denials on ac21 where 140 was revoked has always been happening.
Your interpretation might be right about consulting companies but these denials not necessarily happening to people in consulting companies, they happen to anyone whose 140 was revoked.
more...
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StuckInTheMuck
05-06 10:02 AM
I am have been on /off with my pay roll’s. I am still with my Green card sponsored company.
It’s almost 9 months since i got my GC. At the time of citizenship
How does USCIS verify the length of stay with the petition employer? Are they going to see the pay stubs or Length of the stay or a letter from employer….
plz help me.....
Sorry I missed your question before. My take on your situation is that you are good, and do not worry too much about USCIS's way of doing things. Did your company serve you any temporary suspension/reinstatement notice(s) coinciding with these payroll gaps? If not, and I would guess not (because that would reflect poorly on the company's health), your story means that as per your original employment letter, you have been with your employer continuously for 9 months after GC, and presumably longer (you did not say about any plan of leaving them soon), even though you are not being paid regularly. If anything, such payroll discontinuity should help establish your intention of remaining with your employer despite the hardship, if this issue comes up during citizenship interview. On your part, you should keep a detailed log of the dates you missed payments, in addition to all relevant papers (this goes back to DO item #3 in my list).
On your question about how USCIS verifies the length of stay with GC-sponsoring employer, my guess would be that for simple cases, they probably go by the employment letter or W2 etc. (something that has a single start date, and may/not have an end date). But if there are complicating factors, like your payroll gaps, and if USCIS comes to know about them (e.g. you tell them), they may ask your company to furnish evidence of payment history, such as copies of all relevant pay stubs (a simple letter from your employer may not suffice).
Chin up, please. You have your GC, which already makes you privileged compared to so many deserving folks still waiting long and hard. So, go hit the pub, shoot some pool, smell a rose, call up your fiance(e), take family on a Bahama cruise, tweak your boss's nose, kick some butt, write a(nother) check to IV, or whatever it is that you use as a release mechanism from such unnecessary tension :)
Cheers,
stuck
It’s almost 9 months since i got my GC. At the time of citizenship
How does USCIS verify the length of stay with the petition employer? Are they going to see the pay stubs or Length of the stay or a letter from employer….
plz help me.....
Sorry I missed your question before. My take on your situation is that you are good, and do not worry too much about USCIS's way of doing things. Did your company serve you any temporary suspension/reinstatement notice(s) coinciding with these payroll gaps? If not, and I would guess not (because that would reflect poorly on the company's health), your story means that as per your original employment letter, you have been with your employer continuously for 9 months after GC, and presumably longer (you did not say about any plan of leaving them soon), even though you are not being paid regularly. If anything, such payroll discontinuity should help establish your intention of remaining with your employer despite the hardship, if this issue comes up during citizenship interview. On your part, you should keep a detailed log of the dates you missed payments, in addition to all relevant papers (this goes back to DO item #3 in my list).
On your question about how USCIS verifies the length of stay with GC-sponsoring employer, my guess would be that for simple cases, they probably go by the employment letter or W2 etc. (something that has a single start date, and may/not have an end date). But if there are complicating factors, like your payroll gaps, and if USCIS comes to know about them (e.g. you tell them), they may ask your company to furnish evidence of payment history, such as copies of all relevant pay stubs (a simple letter from your employer may not suffice).
Chin up, please. You have your GC, which already makes you privileged compared to so many deserving folks still waiting long and hard. So, go hit the pub, shoot some pool, smell a rose, call up your fiance(e), take family on a Bahama cruise, tweak your boss's nose, kick some butt, write a(nother) check to IV, or whatever it is that you use as a release mechanism from such unnecessary tension :)
Cheers,
stuck
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arunkotte
08-06 12:26 PM
On the tax return 1120S Schedule L we have about 170,000 in the retained earnings line. Can this be used as part of the net current assets?
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shak
08-04 09:37 PM
Thanks ak27... based on your suggestion, I have started enquiry on my case through congressman.
I also talked to second level I/O and she told me that it may be due to pending biometrics (what a relief to hear that). She didn't give me any other details so still not sure what's going (no SLUDs yet). I haven't recd any finger print notice since my first one in sep'07 so that kind of makes sense.
I had a infopass appointment today, IO informed me that my fp expired so that may be the reason for not approving I-485. He told me that my application had some activity on July 29. Later I contacted my congressman's office and they informed me that my fp will be refreshed and I dont need to take new fp.
I also talked to second level I/O and she told me that it may be due to pending biometrics (what a relief to hear that). She didn't give me any other details so still not sure what's going (no SLUDs yet). I haven't recd any finger print notice since my first one in sep'07 so that kind of makes sense.
I had a infopass appointment today, IO informed me that my fp expired so that may be the reason for not approving I-485. He told me that my application had some activity on July 29. Later I contacted my congressman's office and they informed me that my fp will be refreshed and I dont need to take new fp.
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rajeshalex
09-25 09:47 AM
May be we should delete this thread itself.
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gc_on_demand
06-17 09:44 AM
Please call lawmakers listed on home page.
xela
12-23 10:47 AM
I hope this will make them see that something needs to happen ;-)
merry christmas and to the ones not celebrating christmas happy time off work ;-)
merry christmas and to the ones not celebrating christmas happy time off work ;-)
paskal
07-18 11:55 AM
Based on my understanding once 485 is filed, one can only get one year H1b extension it does not matter if one uses EAD/AP.
i thought it had to do with visa numbers being unavailable rather than 485 filing
we should check on this
i thought it had to do with visa numbers being unavailable rather than 485 filing
we should check on this