Chicago Desi
10-18 11:45 AM
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
--- Very good advice. I have burnt through 'company's lawyer', who is a very good one but since was hired by my employer, acted in their favor and screwed my gc. :mad:
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
--- Very good advice. I have burnt through 'company's lawyer', who is a very good one but since was hired by my employer, acted in their favor and screwed my gc. :mad:
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EndRetro
06-20 01:03 PM
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?
What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?
What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
Beemar
12-14 11:41 PM
Dude, are you serious? You will, only possibly, be laid off in April next year. Means you have got 4 months to find yourself a new job. You already are in I-485 stage, so you don't need any immediate visa to maintain status. And you are telling me you are distressed?
Grow up. I know many guys who are already sitting without job and valid status for 6 months, and even more. I mean, I can't believe you are serious.
Grow up. I know many guys who are already sitting without job and valid status for 6 months, and even more. I mean, I can't believe you are serious.
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DirCls
07-15 06:18 AM
I am in Houston
more...
vinabath
05-15 01:03 PM
What a coincidence.....
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
snathan
03-28 04:23 PM
As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?
For any reason if your ITIN application is separated from your Tax return, most likely they would deny the ITIN...the reason would be - You reqested the ITIN for tax filing and there is no tax return papers attached.
I dont have any idea why it happened.
For any reason if your ITIN application is separated from your Tax return, most likely they would deny the ITIN...the reason would be - You reqested the ITIN for tax filing and there is no tax return papers attached.
I dont have any idea why it happened.
more...
santb1975
02-16 10:04 PM
^^^
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gee_see
10-19 09:05 AM
There was no response when i posted same issue couple of weeks ago. Does it imply that no one is facing this type of issue? or .... it will be outright denial case?
Please share your thoughts
Please share your thoughts
more...
japs19
01-22 11:18 AM
Red my other posts where I wrote my experience as I was asked the same question. But here's the answers to your questions in nut shell.
If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
Good luck...
Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
Good luck...
Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
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zCool
04-02 08:43 PM
Hi Bhayzone,
Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!
Good luck!
Ams
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!
Good luck!
Ams
All other points are on the dot!
Only F1 being better than h4 is really depending on one's situation..
F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
Secondly, F1 has become much restrictive since implementation of SEVIS.
H4 on the other hand is duel intent
Major advantages of F1 would be
1. Possible on-campus 20hr work authorization and later OPT authorization.
2 Chances of getting assistanceship.
So it's not black and white..
and if you've applied for 485.. F1 is really definitely not the way to go..
more...
usirit
11-21 10:52 PM
Unless their is a backdoor... If I decide to switch to my new employer and transfer my GC & H1B, it will be done again as an EB-3... I have 10+ years of experience and an Associate Degree... last year tried to obtain a Bachelor of Science in Business of Information Systems (BSBIS) but my actual employer stop funding so... I had to stop. :mad: New employer's attorney confirmed this.
An EB-2:
> Is a member of the professions holding advanced degrees or their equivalent; or
> Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.
An EB-3:
Allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.
Meridiani.planum: Thank you for your detailed description.
Bestia: Hopefully my PERM is approved in the next days in order to support your mentioned lawyer's preferences.
Bottom line: I am waiting for a very good offer in order to make a decision.... I'll keep you posted.
An EB-2:
> Is a member of the professions holding advanced degrees or their equivalent; or
> Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.
An EB-3:
Allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.
Meridiani.planum: Thank you for your detailed description.
Bestia: Hopefully my PERM is approved in the next days in order to support your mentioned lawyer's preferences.
Bottom line: I am waiting for a very good offer in order to make a decision.... I'll keep you posted.
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apnair2002
05-14 08:15 PM
I will support IV even i have Gc .GO IV.
more...
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gcformeornot
05-29 04:26 PM
For the record I do not have a problem. Employer is a very large company and I have worked in the same location for close to 10 years with a well maintained LCA history. So chill. My eyes are wide open in matters important to me.
The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.
You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.
Murthy Law Firm Attorney 6
Attorney posted May 29, 2010 12:34 PM
Call the Murthy Law Firm after the holiday weekend and get some help.
We have started to see this issue. The USCIS trying to deny I-485s due to LCA failures. The reason the LCAs aren't proper, usually, is that the employer relocated the person w/o doing a new LCA. The employee usually has no idea, since the LCA is the employer's filing and there used to be a lot less attention/awareness about LCA issues.
We have developed a number of arguments regarding this matter....including the "no fault of your own" concept and arguments regarding status violations vs LCA violations etc. This is a new development.
The reason why it is important is that it is necessary to be in status when filing the I-485. Prior status violations exceeding 180 days prior to or after filing the I-485 are grounds for I-485 denials.
It is a complicated topic. If the USCIS persists in this matter, there are going to be a lot of cases with this type of problem.
Urgent Notice of Intent to Deny I-485, LCA amendment not filed - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8951088502&r=1511058602#1511058602)
The reason for being pissed is that these bull issues are manufactured for a commercial reason (by ) and with the express purpose to distract from the main and important goals for advocacy to solve this frustrating retrogession problem.
You on the other hand is a desperate fool on someone's illegitimate (from a moral perspective) payroll. Seriously man have some shame. BTW Are you and EASTINDIA the same person? You sound like you are.
Murthy Law Firm Attorney 6
Attorney posted May 29, 2010 12:34 PM
Call the Murthy Law Firm after the holiday weekend and get some help.
We have started to see this issue. The USCIS trying to deny I-485s due to LCA failures. The reason the LCAs aren't proper, usually, is that the employer relocated the person w/o doing a new LCA. The employee usually has no idea, since the LCA is the employer's filing and there used to be a lot less attention/awareness about LCA issues.
We have developed a number of arguments regarding this matter....including the "no fault of your own" concept and arguments regarding status violations vs LCA violations etc. This is a new development.
The reason why it is important is that it is necessary to be in status when filing the I-485. Prior status violations exceeding 180 days prior to or after filing the I-485 are grounds for I-485 denials.
It is a complicated topic. If the USCIS persists in this matter, there are going to be a lot of cases with this type of problem.
Urgent Notice of Intent to Deny I-485, LCA amendment not filed - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=8951088502&r=1511058602#1511058602)
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viper673
06-08 01:27 PM
I did think about doing it this way, but it didn't feel the "right thing to do"...
I spoke to my lawyer on what to do , but I'm not getting a straight answer.
Do you guys recommend a lawyer that would be able to help?
I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?
I spoke to my lawyer on what to do , but I'm not getting a straight answer.
Do you guys recommend a lawyer that would be able to help?
I checked Murthy.com and she asks for $250/20min of consultation... Is she that good? Should I consider calling her?
more...
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Gravitation
10-23 10:30 AM
One common misconception is that there's a "quota" for each country. There's none.
The number 2600 is actually the upper limit. It means that no one country should get more visa numbers than 2600.
The total number of EB3 visa numbers for the whole world is 40,000. There's no entitlement here. There's no guarantee of all visa numbers being issued. There's no minimum number of visas that a specific country is sure to get...
If there's a demand for more than 2600 for a specific country, it's said to be oversubscribed. If the total demand from all countries remains below 40,000, the remaining visa numbers may overflow to the oversubscribed countries.
Once again, it's perfectly within the law to issue less than 40,000 visa numbers. It's a limit, not a quota.
The number 2600 is actually the upper limit. It means that no one country should get more visa numbers than 2600.
The total number of EB3 visa numbers for the whole world is 40,000. There's no entitlement here. There's no guarantee of all visa numbers being issued. There's no minimum number of visas that a specific country is sure to get...
If there's a demand for more than 2600 for a specific country, it's said to be oversubscribed. If the total demand from all countries remains below 40,000, the remaining visa numbers may overflow to the oversubscribed countries.
Once again, it's perfectly within the law to issue less than 40,000 visa numbers. It's a limit, not a quota.
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Libra
08-13 11:03 AM
Members who became seniors on this forum, if you have contributed to IV so far, then can you guys put that in your signature, and junior members can you please think of contributing to IV.
Contribute to IV and show your support.
Contribute to IV and show your support.
more...
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yanj
12-15 10:13 AM
1 genius said "kaplan doesnt issue I-20's anymore."
so Does anybody know anywhere else can issue I-20 ?
2 Good question : Are you sure than ,while the H1B is being processed ,you can live here legally?
looking for answer ,too. Thanks a lot !
so Does anybody know anywhere else can issue I-20 ?
2 Good question : Are you sure than ,while the H1B is being processed ,you can live here legally?
looking for answer ,too. Thanks a lot !
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ksircar
10-13 11:20 AM
:confused:
Dear gurus,
I have one fundamental question.
why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????
Sincerely...
There are so many things in life that doesn't make sense, but still we accept all those unacceptable things. Friend, consider yourself lucky if you get your EAD card (with all correct info. on the card) in 90 days.
Dear gurus,
I have one fundamental question.
why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????
Sincerely...
There are so many things in life that doesn't make sense, but still we accept all those unacceptable things. Friend, consider yourself lucky if you get your EAD card (with all correct info. on the card) in 90 days.
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rsirpal
09-23 01:42 PM
Hi boreal,
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
seeking_GC,
Which service center did you apply your wife's AP from ? I have applied for my wife in NSC and she is scheduled to travel overseas in 4 months. I am worried it will not come in time
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
seeking_GC,
Which service center did you apply your wife's AP from ? I have applied for my wife in NSC and she is scheduled to travel overseas in 4 months. I am worried it will not come in time
hopefulgc
05-12 08:03 PM
thanks gconmymind!
IV leadership indulge us here for a min...
if we were to be able to raise $1million somehow..
How much would you say it improves our chances of getting the IV missions accomplished?
If there can be some certainty & improvement of possibilities, i have feeling .. people will step forward.
You have noble intentions and I salute your spirit but it does not make practical sense to try and raise $1M when on the other thread, we have not even touched $15K!! At least, this will not happen with a donations only campaign. If a corporate were to sponsor, thats a different thing..
Again, I think all (ok, most!) the members would donate $2000 if there was assurance/certainty of positive outcome. A lot of people are sitting on the sidelines, hoping for a positive outcome, without contributing time and/or money.
People, please contribute time and money towards IV to help yourselves!
IV leadership indulge us here for a min...
if we were to be able to raise $1million somehow..
How much would you say it improves our chances of getting the IV missions accomplished?
If there can be some certainty & improvement of possibilities, i have feeling .. people will step forward.
You have noble intentions and I salute your spirit but it does not make practical sense to try and raise $1M when on the other thread, we have not even touched $15K!! At least, this will not happen with a donations only campaign. If a corporate were to sponsor, thats a different thing..
Again, I think all (ok, most!) the members would donate $2000 if there was assurance/certainty of positive outcome. A lot of people are sitting on the sidelines, hoping for a positive outcome, without contributing time and/or money.
People, please contribute time and money towards IV to help yourselves!
deepakd
07-08 08:30 PM
None... as I did not seem to see anywhere in the filing instruction that W2 is needed... unless there is some change. Who knows nowadays...;)
One can get all the tax forms submitted to IRS ( including w-2 ) for free.
Here is the info from IRS:
Need a Copy of Your Tax Return Information?
Requesting transcripts (individuals):
You have two easy and convenient options for getting copies of your federal tax return information--tax return transcripts and tax account transcripts--by phone or by mail.
Request transcripts by calling 1-800-829-1040, or order by mail using IRS Form 4506T (Request for Transcript of Tax Return). We do not charge a fee for transcripts. Allow two weeks for delivery.
Definitions:
A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.
A tax account transcript shows any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.
One can get all the tax forms submitted to IRS ( including w-2 ) for free.
Here is the info from IRS:
Need a Copy of Your Tax Return Information?
Requesting transcripts (individuals):
You have two easy and convenient options for getting copies of your federal tax return information--tax return transcripts and tax account transcripts--by phone or by mail.
Request transcripts by calling 1-800-829-1040, or order by mail using IRS Form 4506T (Request for Transcript of Tax Return). We do not charge a fee for transcripts. Allow two weeks for delivery.
Definitions:
A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.
A tax account transcript shows any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.
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