reachinus
12-26 08:34 AM
Hi There,
In the substitute you have to report only the pay that you have received and you have to report to DOL if your Employer doesn't pay you atleast for the time that he got paid from the client. But logically speaking he has to pay you from the date you are on his H1.
In the substitute you have to report only the pay that you have received and you have to report to DOL if your Employer doesn't pay you atleast for the time that he got paid from the client. But logically speaking he has to pay you from the date you are on his H1.
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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...?
gulute
03-16 06:31 PM
why is it denied?
Hi,
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
Hi,
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
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kumar1
12-08 01:23 PM
bump
I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post
I have received EAD/AP. Need to know if I have need to go for EAD renewal in USCIS office or it comes by post
more...
fcres
08-09 10:19 AM
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Anders �stberg
June 4th, 2004, 02:24 PM
:D :D
That's funny!
And, I don't mind at all. :)
That's funny!
And, I don't mind at all. :)
more...
jasmin45
08-08 04:49 PM
Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.
There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.
There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?
There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.
There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?
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meridiani.planum
07-30 06:24 AM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
more...
CantLeaveAmerica
03-28 09:46 AM
same thoughts here....right now, the journey's with more downs than Ups isn't exactly a joyride..prefer the destination any day..ie, destination america...not destination to Back home
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michael_trs
05-13 11:56 AM
I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.
Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.
Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.
more...
immilaw
09-17 11:44 AM
Few things to remember
1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.
2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).
3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.
Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.
I think people from India with post 2004 Pri dates should
a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change
b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.
c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.
d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.
e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).
Use this thread to post new ideas.
I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.
1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.
2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).
3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.
Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.
I think people from India with post 2004 Pri dates should
a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change
b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.
c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.
d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.
e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).
Use this thread to post new ideas.
I have a suggestion which I think might annoy those in EB ROW so I apologize from them in advance. I have been reading in the forums that the US CIS/State Department under law is supposed to transfer all unused EB ROW numbers to the oversubscribed countries at the close of the fiscal year. Also, I have been reading that the US CIS has NOT been doing soo. If what others are saying is true, and if US CIS does what it is supposed to do then the EB China/India will not be so severly retrogressed. How about filing a lawsuit directing the US CIS to follow the law (if there is any such law)? I personally have not researched this issue, my knowledge is based on what the others are saying in the forum.
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chris
12-31 01:21 PM
My case is not complicated (i believe) but transfered from Texas to Vermont.
May be not many adjudicators over there who can handle 485's or lot of workload.
Is your case complicated
My case is not complicated (i believe) but transfered from Texas to Vermont.
(Hope not many adjudicators over there who can handle 485's or lot of workload. )
[QUOTE or has multiple applications?[/QUOTE]
Family of three.
May be not many adjudicators over there who can handle 485's or lot of workload.
Is your case complicated
My case is not complicated (i believe) but transfered from Texas to Vermont.
(Hope not many adjudicators over there who can handle 485's or lot of workload. )
[QUOTE or has multiple applications?[/QUOTE]
Family of three.
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paskal
10-26 03:11 PM
Can you talk in english please?
:D
:D
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dtekkedil
07-03 11:16 AM
I am sending a flower with a note to LincolN, NE address.
Could anyone give me the complete and correct address?
We should all send individually the flowers.
--sri
The address -
The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
Could anyone give me the complete and correct address?
We should all send individually the flowers.
--sri
The address -
The Honorable Emilio T. Gonzalez
Director U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
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InTheMoment
11-25 05:12 PM
USCIS systems that the generic CS rep sees or the CLAIMS3 systems that the IO sees doesn't have any info about AC21 docs that you sent them.
Like someone suggested it is a very good idea to keep the original attorney (might not happen in all cases such as when your other company is a direct competitor. Depends on the lawyer). I did the same did not have to pay anything to my attorney to maintain my file.
I sent my AC21 docs to NSC against the advise of my attorney (I surmised that that I would waste time and money if USCIS ever sends a EVL RFE). I think that was a good decision as I got the I-485 approved soon.
Also I see from the FOIA request that I made, that the AC21 docs that I sent were indeed in my file when the decision on my file was made.
Like someone suggested it is a very good idea to keep the original attorney (might not happen in all cases such as when your other company is a direct competitor. Depends on the lawyer). I did the same did not have to pay anything to my attorney to maintain my file.
I sent my AC21 docs to NSC against the advise of my attorney (I surmised that that I would waste time and money if USCIS ever sends a EVL RFE). I think that was a good decision as I got the I-485 approved soon.
Also I see from the FOIA request that I made, that the AC21 docs that I sent were indeed in my file when the decision on my file was made.
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BharatPremi
04-16 04:34 PM
What is an "MTR"?
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hariswaminathan
02-12 11:43 AM
People,
Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?
Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.
something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.
COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ka Sawal Hai"
Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
So this is what i did
a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
b) forwarded the website info to a few of my collegues at work and told them what i did.
I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.
If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.
Hari
Yes I am guilty. I am one of those Lazy fence sitters caught in reto that peruses this forum on a daily basis looking for for some glimmer of hope.
Silently i cross my fingers and hope that IV will get something done for us but guilty of doing nothing to help. Sound familiar?
Let me start by saying that i became a member and watched this forum for over 6 months and did nothing to contribute (whether financially or physically). I'm lazy and theres nothing i can do about it - thats my personality. We all have busy lives and we all have personal agendas and unless we are affected by something directly, we choose the path of least resistance.
something changed for me last month. I dont know what it was, since it was nothing physical, personal, familial or anything tangible. I was reading the IV website posts "as normal" and while i read all the posts on funding drives, increasing members, those brillant NJ chapter folks etc I was ashamed at how little i was doing towards a cause that had a direct impact on my life and how a small group of people could be so passsionate about the same interest. I was also surprised at the number of mainly Indian professionals in the US who were caught in this mess but at the difficulty that IV was having getting people to get off their a** and do something.
COME ON PEOPLE - even if we are lazy, self centered, and busy lets at least show that the Indian "minority" in the US is at least a UNITED and PROUD lot. We cant let IV down for a few dollars. "Izzat ka Sawal Hai"
Well, i thought about it, and thought some more..... and decided i was still as lazy as i was before even after my ephiphany, but i could definitely manage a few clicks with my mouse. So i decided, If can't do anything physical (like pass flyers, meet in DC to help Core, start some fangled chapter locally, or harass my local congresman) then at least i could pass on some financial contribution so that somebody could do it for me!
So this is what i did
a) - setup a $20 recurring contribution (Yes its $20 - I'm cheap and so are a lot of you - but $20 is better than nothing - its less than a dinner at a restaurant).
b) forwarded the website info to a few of my collegues at work and told them what i did.
I have not made any earth shattering differences by my actions, but at least im doing SOMETHING. This, coming from one of the laziest members definitely should mean something to all of you.
If you cant contribute your time, at least send some money so someone else can do it for you! Also please stop harrassing IV on where the funds are going - its $20 per month for Christ's sake, not your family inheritance. Let's try and make a difference one way or another. Our national pride is at stake here.
Hari
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girishvar
08-15 12:20 PM
There should be a good faith job offer from your GC employer as of today. You can decide not to join the job after your I-485 filing and 180 days there after.
Hi,
If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
I would appreciate your comments.
Regards,
Sanjeev.
Hi,
If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
I would appreciate your comments.
Regards,
Sanjeev.
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mhtanim
11-24 12:13 PM
I will need to extend my H-1B next year. So far I have found 3 immigration lawyers who are not that expensive and seem to be responsive to queries (email or phone). Comments from anyone who has experience with any of these 3 attorneys will be appreciated:
1. Prashanthi Reddy - http://www.reddyesq.com/
2. George M. Sabga Jr. - http://www.us-immigration-attorney.com/
3. Andrew Dutton - http://www.immigration-counselor.builderspot.com/
1. Prashanthi Reddy - http://www.reddyesq.com/
2. George M. Sabga Jr. - http://www.us-immigration-attorney.com/
3. Andrew Dutton - http://www.immigration-counselor.builderspot.com/
UKannan
04-26 04:47 PM
Hello All,
Sorry for the post outside immigration boundaries.
My wife with 2 toddler kids will be traveling to India via Lufthansa.
I wanted to know from recent experiences how many check-in bags are allowed per person. My kids are 4 yrs old and they have a full ticket.
I know that some airlines only allow 1 checking per person, but wanted to know about Lufthansa specifically.
I could not find a clear answer on Lufthansa.com for baggage allowance to either India or Asia.
Thanks in advance for all your help.
Please call Lufthansa's customer support number!!
Sorry for the post outside immigration boundaries.
My wife with 2 toddler kids will be traveling to India via Lufthansa.
I wanted to know from recent experiences how many check-in bags are allowed per person. My kids are 4 yrs old and they have a full ticket.
I know that some airlines only allow 1 checking per person, but wanted to know about Lufthansa specifically.
I could not find a clear answer on Lufthansa.com for baggage allowance to either India or Asia.
Thanks in advance for all your help.
Please call Lufthansa's customer support number!!
lazycis
02-13 05:27 PM
If you want IV (immigrant visa), help IV (Immigration Voice)
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