omahaguy
04-06 11:22 AM
Thank you all four replies. You guys are relly helpful. I did not change state, I just moved from one street to another street with in the same city.
But only thing is I am working for different employer and I have NOT yet applied AC21. If this RFE is about "employment verification", I am thinking of sending from new employer since my I 485 filed more than 6 months. I hope this is ok. Please correct me if I am wrong.
But only thing is I am working for different employer and I have NOT yet applied AC21. If this RFE is about "employment verification", I am thinking of sending from new employer since my I 485 filed more than 6 months. I hope this is ok. Please correct me if I am wrong.
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roseball
04-06 12:43 AM
My I485 is pending, recently I have changed my address online. I also recieved confirmation letters for this address change.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
After 2 weeks of address change, USCIS issued an RFE. I have not yet received it, but I just want to prepare for this.
What could be the reason for this RFE? Is it common?
I have seen changing address triggered RFEs in some cases where an applicant moved out of state or even to a new city within the same state. In such cases, RFE was asking for proof of employment in the same or similar role.
leo2606
12-27 07:13 AM
Hey, thanks for the info.
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coolest_me
02-08 06:03 PM
One of friends got advice from a tax consultant about the 401K withdrawal question you have. The best approach in this case would be to phase out the withdrawal amounts over a period of successive years. When you are in India, you are not earning US income. So say if you take 10K the first year, it will be considered income earned in US for which you have to pay tax. Since 10K is below the standard deduction amt, you will not have to pay any tax. The penalty will still apply as you are breaking the 401K.
Disclaimer - Talk to a tax professional.
Thanks
Does someone knows if this is true for Traditional IRA also ?
Disclaimer - Talk to a tax professional.
Thanks
Does someone knows if this is true for Traditional IRA also ?
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Sunx_2004
09-12 08:18 PM
but, Once I was stopped at the airport by a security agent while travelling within US and he asked me abouit my status. When I mentioned I am on Work Visa he asked me to show the passport and Visa, I was not carrying one. I showed him my DL, He was on call with someone for 20-30min and come back returned my DL and istructed to carry the passport whenever travelling.
Per law, all H1B papers (atleast LCA) should be kept where non-immigrants work. There is no clear law for non-immigrants to hold passport/visa/EAD always with them. They recommend always to keep with you. Further, consulates( when they issue visa), won't give any specific instruction to non-immigrants to carry passport/visa always with them. However, for immigrants (LPR) it is very clear that one MUST hold orginal GC always with them. It is rule/law. The welcome notice clearly shows. Although, many dont practice, it is still a rule. I heared a story when a guy pulled off he got big trouble, when he claimed he is a LPR; and does not carry the GC.
Per law, all H1B papers (atleast LCA) should be kept where non-immigrants work. There is no clear law for non-immigrants to hold passport/visa/EAD always with them. They recommend always to keep with you. Further, consulates( when they issue visa), won't give any specific instruction to non-immigrants to carry passport/visa always with them. However, for immigrants (LPR) it is very clear that one MUST hold orginal GC always with them. It is rule/law. The welcome notice clearly shows. Although, many dont practice, it is still a rule. I heared a story when a guy pulled off he got big trouble, when he claimed he is a LPR; and does not carry the GC.
TO BE OR NO TO BE
05-24 12:27 PM
I just did webfax, all #15, 12 and 14.
Lets hope for the best.
Lets hope for the best.
more...
jonty_11
12-11 12:41 PM
They are going in the opposite direction, looks like our efforts have angered them more than anything else.
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apahilaj
05-10 02:43 PM
On a seperate note, did you guys apply yourself. Do you already have a G-28 form signed for a lawyer?
I applied myself - so why do I need a G-28 from my lawyer?
I applied myself - so why do I need a G-28 from my lawyer?
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optimystic
02-16 02:44 AM
which category do u belong to EB1/2/3, which country, what ur PD.
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"
As another member already indicated , I already mentioned my PD, country and EB category in my post.
Anyway, I had already waited 7 years in the GC process before recently coming across this forum and choosing this handle name when joining. Guess you could say that I was prepared to dig in and stay for the long haul if required which is why I chose that handle name. A few ups and downs/ forwards & backwards (even if in years !) in the priority dates won't deter me much now :).
Although, I could just be drunk with euphoria of my PD becoming current in March and blabbering away pompously. So don't you steal that login (pessimystic) away from me ! I reserve the right to choose it if and when I feel so :)
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"
As another member already indicated , I already mentioned my PD, country and EB category in my post.
Anyway, I had already waited 7 years in the GC process before recently coming across this forum and choosing this handle name when joining. Guess you could say that I was prepared to dig in and stay for the long haul if required which is why I chose that handle name. A few ups and downs/ forwards & backwards (even if in years !) in the priority dates won't deter me much now :).
Although, I could just be drunk with euphoria of my PD becoming current in March and blabbering away pompously. So don't you steal that login (pessimystic) away from me ! I reserve the right to choose it if and when I feel so :)
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eb3retro
09-24 11:37 PM
I am a july 2nd filer, NE , originally I-140 approved from NE also, just got email that my EAD card production ordered today. Earlier got the same email from my spouse too.
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sanjaysharma
05-06 12:31 PM
In Kansas there is a strangely different rule. They give in-state but show the balance amount between in-state and out of state as scholarship given to the individual in a separate 1098 T tax form. This increases your taxes slightly and the individual cannot claim education credits in the tax return.
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cashah19
06-15 01:26 AM
Similar situation...
I am getting married in the 1st week of Sep and am planning to get my spouse by mid Sep.
Can someone please suggest if I am fine, if I apply alone for I-485 around Jul30(and not for EAD and AP??) and add my spouse around sep20th. I-140 approval is pending and have a valid visa till '08.
How long does it take for the I-485 'approval' and is 2-3 months a safe window to add ones spouse?
Any suggestions and help with my planning are greatly appreciated. :)
I am in a similar situation. I am getting married in July 4th 2007. (What a day to loose my independence) in India. I am planning to come back and file my 485 before July 30th. My spouse is going to endorse her passport and come soon after, but won't be before Aug 15th. I also wanted to know what was the time window after my filing that I could still add my spouse. I have approved I140, PD is Nov 2006.
I am getting married in the 1st week of Sep and am planning to get my spouse by mid Sep.
Can someone please suggest if I am fine, if I apply alone for I-485 around Jul30(and not for EAD and AP??) and add my spouse around sep20th. I-140 approval is pending and have a valid visa till '08.
How long does it take for the I-485 'approval' and is 2-3 months a safe window to add ones spouse?
Any suggestions and help with my planning are greatly appreciated. :)
I am in a similar situation. I am getting married in July 4th 2007. (What a day to loose my independence) in India. I am planning to come back and file my 485 before July 30th. My spouse is going to endorse her passport and come soon after, but won't be before Aug 15th. I also wanted to know what was the time window after my filing that I could still add my spouse. I have approved I140, PD is Nov 2006.
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HV000
02-28 09:21 PM
Anyone Please?
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gee_see
09-19 11:13 AM
Relax guys. My online status still showing "Fingerprinting fee rejected and case is in suspense" despite having finger printing done at ASC a year back.
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sanju_dba
06-25 02:08 PM
Your 797 approval notice will have updated I94 which will supercede your previous I94. The new attached referes to your 797 number starting with "RAC" or "WAC" like that.
You need to submit this one too along with any old ones you have when you leave the country.
You need to submit this one too along with any old ones you have when you leave the country.
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diptam
10-16 12:38 PM
Folks i got a LUD on my AP 7 days back and again LUD 5 days back. But the status didn't change nor i get any letter of so far.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
Does this means i'm on my way to a RFE :) If they send RFE does that gets reflected on the Online Status ??
Thanks much!
I had the exact same RFE. I'm on H1 since 1998, and you can imagine how many times I have left and entered USA. I have about 8 H1B extensions. Here's what I sent...
1). Cover Letter stating list of document to show evidence of law ful status in US.
2). I-94 card issued by CBP at the last port of entry.
3). ALL the H1B extension notices issued by USCIS. Its important that there are no gaps in dates on the extension/change of status notices.
4). passport copy containing all US visas and entry and exit stamps.
5). A document explaining the entry and exit dates matching the stamps in the passport.
6). Few pay stubs from the current H1B/green card employer that you are currently working.
7). Few W-2s for last few years.
Usually the I-94 that is on the extension of stay issued by USCIS is the same number thats issued by CBP at the Port of Entry. So, USCIS should be able to match the entry and exit information and extension of stay notices
I'm sure they know that one surrenders the white I-94 card when they leave US.
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wellwishergc
05-24 12:30 PM
done
sent fax
sent fax
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ps57002
12-19 06:06 PM
I don't know much about Labor Subs to answer...what I did notice is that your lawyer is through company...not going to generalize, but with company lawyers you really should question them and not believe totally what they say....meaning do your own research too. Company lawyer's are interested in keeping employees longer at company and can sometimes push you to do things to cause that. I don't know why you can't have 2 I 140's. But withdrawing your first one would invalidate your 485/ead and depending on your priority date (which would be 2007/2008) and country of birth, you may not have a chance to apply for 485 for a long long time (meaning stuck in same job for long long time...). Again I don't know much about labor subs, my advice is to do your own reasearch, get answers, opinions, and not just take company's lawyers word on everything.
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Gravitation
12-16 01:24 PM
Probably a dumb question which was answered before in some other thread.. but just so that I understand better:
Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
If so, how has USCIS handed out these visas historically?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
Am I correct, or totally off base to say: There are no clear cut legislative guidelines regarding how cascaded visas or recaptured visas are to be used especially w.r.t country limits. USCIS has the discretion in how these visas are to be handed out..
If so, how has USCIS handed out these visas historically?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
subba
12-05 04:21 PM
I-94 on current I797 expires 4/30/2007
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
^^^^
Am expecting H1B approval 4/30/2007-4/30/2010 soon.
Plan to travel in February 2007.
One thing I noticed is my previous visa stamps only had a end date but no start date. So I am guessing/hoping the start date is effectively dictated by I797 (which I will have 2 of).
^^^^
WillIBLucky
01-05 07:59 AM
I surely may have missed something here. Has been a bill placed already that will allow us to file 485 and get EAD?
Sorry, I am really having tough time coming to IV these days.
Its law the day when it is signed by the president unless there is clause in the bill to postpone the impelmentation.
Sorry, I am really having tough time coming to IV these days.
Its law the day when it is signed by the president unless there is clause in the bill to postpone the impelmentation.