Legal
07-26 12:32 PM
very good idea! We should fight..
This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.
If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D
This time they can not say they can not say unrelated immigration issue should not be attached to a spending bill.
If this claim is made again by immigration restrictionists, then the "more visas for crab pickers" deal should also go:D
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ksrk
01-21 06:48 PM
Yes, you get I-94 with 1 year and states AOS Pending...Basically, means, you are allowed to stay till the outcome of your I-485.
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
If your I-94 says AOS Pending, how are you on H1B?
If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.
With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.
Yes, as long as you are working for the same employer. I did the same, I am on H1 right now, but used my AP last year to travel to India.
If your I-94 says AOS Pending, how are you on H1B?
If you enter the US on AP, your I-94 is stamped as "Adjusting Status" or "AOS Pending" and the expiration date on it is 1yr from date of entry (regardless of when the AP itself expires). And for this you don't need an H1B visa stamp in your passport.
With the "AOS Pending" (or equivalent stamp) on your I-94 and passport, you can't be in the country on H1B. You are "Adjusting Status" and legally in the country. Of course, to (continue to) work under this status, you will need an EAD.
waitingmygc
07-30 01:23 AM
Ab Toh Hai Tumse Har Khushi Apni, Tum Pe Marna Hai Zindagi Apni
Audio: YouTube - Ab toh hai tumse har khushi apni (Lata) (http://www.youtube.com/watch?v=KePFNABd97w)
Video: YouTube - Ab Toh Hai Tumse - Amitabh Bachchan & Jaya Bhaduri - Abhimaan (http://www.youtube.com/watch?v=_Pf1Hp4P5gU)
Audio: YouTube - Ab toh hai tumse har khushi apni (Lata) (http://www.youtube.com/watch?v=KePFNABd97w)
Video: YouTube - Ab Toh Hai Tumse - Amitabh Bachchan & Jaya Bhaduri - Abhimaan (http://www.youtube.com/watch?v=_Pf1Hp4P5gU)
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smads
03-07 10:42 AM
sorry guyz have still been trying to find out what needs to be done....
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
more...
gapala
07-09 12:26 PM
I am working on EAD which expires on 10th Septempber 2008. I filed for my EAD on 25th June, 2008 and with the current processing dates at Nebraska, my guess is that I wont recieve my EAD until later September/early October.
Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?
My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.
I would really appreciate your advice on this.
I am sure your employer knows about the rules around eligibility to work and will not allow any unauthorized to work even for a day past expiry date.
Hope you will get the Renewed EAD soon before expiry of old one.
Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?
My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.
I would really appreciate your advice on this.
I am sure your employer knows about the rules around eligibility to work and will not allow any unauthorized to work even for a day past expiry date.
Hope you will get the Renewed EAD soon before expiry of old one.
Templarian
08-25 10:53 PM
I tried, hes actually pretty hard to make: http://img209.imageshack.us/img209/3691/sonicld1.gif
Someone else is going to have to do sonic sorry man.
Someone else is going to have to do sonic sorry man.
more...
Leo07
05-14 02:53 PM
Bump^^^^^^^^^^^^^
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paskal
11-10 06:32 PM
to everyone willing to contribute to the efforts
please hold on, i will get back to you once the structure of the new work groups is finalized. remember to complete your profile!
please hold on, i will get back to you once the structure of the new work groups is finalized. remember to complete your profile!
more...
mmanurker
10-17 03:36 PM
Payroll tax is same as employer tax. There are 2 or 3 components of the taxes that employer pays such as Social security ( employer portion), unemployment tax, Medicare ( employer portion)
also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings
Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.
also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings
Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.
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gjoe
08-21 05:35 PM
Yes that is correct!
Are you a gemini? If this is also an yes I will go further to predict more
Are you a gemini? If this is also an yes I will go further to predict more
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smartboy75
12-05 03:25 PM
I know that applying for citizenship is not mandatory..you can have a PR and continue to be so for as long as you like....Is there a shell life for PR ...can you keep renewing it indefinitely ?
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vinay076
10-31 10:27 AM
Its been more than 90 days for me and I don't have even a receipt no.Lawyer says that things have been delayed. Can it be delayed so much that I don't have even receipt no ? :confused:
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pappu
04-23 10:23 AM
Please make sure your title of the thread is self explanatory.
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vasired
08-15 03:21 PM
Notice were from Nebraska.Recieved on 8/13 for me and 8/14 for my wife,even though both were posted on same date..good they gave up appointment at same date & same time
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champu
03-12 10:07 PM
consider infopass
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anzerraja
07-20 03:33 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
more...
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cbpds
02-11 05:06 PM
I sent via USPS priority which charged 11 bucks, it reached in 7 days.....the back up plan was to reschedule the visa interview dates. The original plan worked and all ends well !!
my advice (from my experience)..if u do USPS Priority (India postal employee deliver it for sure), and chances r high that u may receive it in OPENED, MISSING, LOST (part of docs) state (we had this multiple times from different locations)
Strongly suggest NOT to use Priority unless u have had firsthand good experience!
Using USPS express was little different, fast, and prompt (guess they use some special delivery layer) :mad:
my advice (from my experience)..if u do USPS Priority (India postal employee deliver it for sure), and chances r high that u may receive it in OPENED, MISSING, LOST (part of docs) state (we had this multiple times from different locations)
Strongly suggest NOT to use Priority unless u have had firsthand good experience!
Using USPS express was little different, fast, and prompt (guess they use some special delivery layer) :mad:
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ItIsNotFunny
12-17 03:27 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.
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amitjoey
06-14 02:26 PM
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.
Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.
Sakthisagar
05-19 09:43 AM
Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.
As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.
How come Mexican president doing Illegal immigration stuff. Indian PM can at least talk about waiting people, family reunion and backlogs.
I can understand where you coming from.. Mera Bharath Mahan
But I cant but differ from your views. Indian Prime Minister is not so great as you think. He is only a puppet in Dynasty tantras
As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.
How come Mexican president doing Illegal immigration stuff. Indian PM can at least talk about waiting people, family reunion and backlogs.
I can understand where you coming from.. Mera Bharath Mahan
But I cant but differ from your views. Indian Prime Minister is not so great as you think. He is only a puppet in Dynasty tantras
RNGC
04-08 09:38 PM
As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
