bfadlia
03-17 02:15 PM
I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.
actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.
actually that was my attorney's advice too. so u might just be pranoid about ur attorney hate_me :)
i am now of the opinion of doing the remaining parts and holding on to them to be ready whenever they send the RFEs.. no point trying to save some money and risk wasting a window of action when temporarily becoming current.
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pappu
05-28 03:11 PM
I think this is system account which go and read blogs from different sites. No body reads your comment. Please donot waste time on those system automated message.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
jsb
02-04 03:37 PM
:) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
I think you still need to pay, but if and when you file tax in your country (with which US has a treaty), you can get credit for these payments. For example, if a Canadian works here (and maintains Canada's residential status), he/she has to pay all US taxes, SS, medicare etc, but while filing Canadian taxes (where he is not required to pay SS but has to pay income and other taxes), he/she can get credit for US payments. Therefore, if he/she returns back to Canada without completing 40 quarters, not only his/her US SS/medicare contributions are lost (barring some payments, which are nothing more than a pocket allowance, based on another treaty), he/she did not make contributions to Canadian system, thus lowering future Canadian payouts.
I am a CDN citizen, so I know it a bit better.
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
I think you still need to pay, but if and when you file tax in your country (with which US has a treaty), you can get credit for these payments. For example, if a Canadian works here (and maintains Canada's residential status), he/she has to pay all US taxes, SS, medicare etc, but while filing Canadian taxes (where he is not required to pay SS but has to pay income and other taxes), he/she can get credit for US payments. Therefore, if he/she returns back to Canada without completing 40 quarters, not only his/her US SS/medicare contributions are lost (barring some payments, which are nothing more than a pocket allowance, based on another treaty), he/she did not make contributions to Canadian system, thus lowering future Canadian payouts.
I am a CDN citizen, so I know it a bit better.
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prince_charming
02-14 10:46 PM
How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?
Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?
I have an d MTR in the works in TX service center and trying to find how long they are taking these days.
My MTR got approved in 2 months from TSC.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?
I have an d MTR in the works in TX service center and trying to find how long they are taking these days.
My MTR got approved in 2 months from TSC.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
more...
kanakabyraju
07-16 12:10 PM
Hi,
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
My wife's I-485 got a REF and I have received the alert. I have not received the actual document. When we went for medical exam in 2006, she was pregnant and one of the vaccine was not given. I am expecting the REF would ask for the remaining tests.
Right now my family is in Hyderabad, India. Is there any provision in Hyderabad to complete medical exam ? or I need to bring them back to US ?
Thanks for the help.
Kanaka
days_go_by
08-04 07:20 AM
from immigration-law.com
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
08/04/2006: Elimination of Backlog Labor Certification Applications: Feasible in 14 Months?
* The DOL authorities confirmed in San Antonio in June that the data entries were about to be completed by the end of June and mailing out of all the 45-day letters might also be completed by middle or within July 2006. The authorities also confirmed that traditional regular labor certification applicants would start receiving the recruitment instructions with their prevailing wage determination to accelerate the recruitment process beginning from later part of July 2006.
* For a while, the employers received en masse the 45-day letters in the mail, but lately it has slowed down for unknown reasons. Sources indicate that the initial schedule has been somewhat pushed off. However, the DOL website still promises that they will eliminate all the backlog cases in 14 months. The period of 14 months may be a long time for the immigrants but a short time for the agency to eliminate tons of complicated labor certification applications. This is particularly true in that as the elimination program approaches the end of the rope, the morale of the temporary workers that manage, operate, and process applications is expected to drop substantially.
* The late slow-down of the pace of processing of the backlog applications raises a misgiving that unless the agency works out a special procedure or device, they may not be able to reach the goal.. There are still tons of traditional applications that await a time-consuming supervised recruitment process and adjudication including audits. The c6nsumers want to see some speed-up action before we approach the year-end holiday season and work slow-downs.
more...
Earned_GC
08-03 06:35 AM
This is an interesting question and I would like to see the answer on this.
What happens to these people who can not file AOS in the current time, and change there job based on I-140.
What happens to these people who can not file AOS in the current time, and change there job based on I-140.
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Life2Live
11-06 07:31 AM
My 485 petitions returned now we are in process of resubmitting. However, I see my I-140 was applied in Nebraska on Feb 07 and later my 485 petition on Aug 07 was sent to Texas from my employer. I do understand there are intertransfer between Nebraska to Texas.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
My question is it right to submit 485 pettion to Texas when I-140 is pending at Nebraska? Gurus! please answer ASAP so that I can make sure atleast my company files in correct service center this time.
more...
falarcari
04-05 09:31 AM
Хеллоу all!
Посмотрите на сайт:
Наша типография не обошла стороной перенасыщенное офсетное производство и используем офсетную печать для дальнейшей обработки изысканными видами печати. Голосовые смс представляют из себя ничто иное, как небольшой озвученный текст, записанный в музыкальный файл. Добро пожаловать в мир советских открыток! открытки с юбилеем 35 (http://lintoncnoo.narod2.ru/part2/otkritki-s-yubileem-35.html)
Когда последний раз вы сами их подписывали? А вот если к нему будет прилагаться милая открытка со словами, которые будут идти от вашего сердца, то ваше поздравление уж точно запомнится надолго и будет действительно индивидуальным. Тебе, его просто выпихивают из гнезда, полетит - не полетит, разобьется - не разобьется. поздравительные открытки из бумаги (http://omegaewaldjk.narod2.ru/part5/pozdravitelnie-otkritki-iz-bumagi.html)
Рассмотрим несколько критериев, которым должна соответствовать типография. Пусть в этот чудный праздник, Пусть в эту волшебную ночь Под звон фужеров хрустальных Уйдут все невзгоды прочь. Виртуальные открытки электронные открытки влюбленных или годовщину совместной канцелярские товары, керамические горшки все виды печатных работ. mms открытки с днем рождения (http://jodiwet99bc.narod2.ru/part5/mms-otkritki-s-dnem-rozhdeniya.html)
Прошу прощения, если написал не в ту тему, коли так, плз, непеправьте в нужную тему...
_______
Спасибо
Посмотрите на сайт:
Наша типография не обошла стороной перенасыщенное офсетное производство и используем офсетную печать для дальнейшей обработки изысканными видами печати. Голосовые смс представляют из себя ничто иное, как небольшой озвученный текст, записанный в музыкальный файл. Добро пожаловать в мир советских открыток! открытки с юбилеем 35 (http://lintoncnoo.narod2.ru/part2/otkritki-s-yubileem-35.html)
Когда последний раз вы сами их подписывали? А вот если к нему будет прилагаться милая открытка со словами, которые будут идти от вашего сердца, то ваше поздравление уж точно запомнится надолго и будет действительно индивидуальным. Тебе, его просто выпихивают из гнезда, полетит - не полетит, разобьется - не разобьется. поздравительные открытки из бумаги (http://omegaewaldjk.narod2.ru/part5/pozdravitelnie-otkritki-iz-bumagi.html)
Рассмотрим несколько критериев, которым должна соответствовать типография. Пусть в этот чудный праздник, Пусть в эту волшебную ночь Под звон фужеров хрустальных Уйдут все невзгоды прочь. Виртуальные открытки электронные открытки влюбленных или годовщину совместной канцелярские товары, керамические горшки все виды печатных работ. mms открытки с днем рождения (http://jodiwet99bc.narod2.ru/part5/mms-otkritki-s-dnem-rozhdeniya.html)
Прошу прощения, если написал не в ту тему, коли так, плз, непеправьте в нужную тему...
_______
Спасибо
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AnalyzeThis
03-19 12:36 AM
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
more...
vin13
03-09 05:18 PM
Hi,
Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.
Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.
Please help!!
As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.
Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.
Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.
Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.
Please help!!
As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.
Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.
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GCHope2011
09-17 11:19 AM
Talked to a lawyer, essentially everyone is right.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
more...
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TeddyKoochu
01-06 08:43 AM
All depends on spillover; it’s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.
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Jamin
08-16 09:56 AM
I had a similar situation and Bank of America CS sent me a good image of the check. Check with your bank as well by calling their CS.
CALLED USCIS .they said they cant transfer to level 2 operator to check receipt number...Is there any other way to find out?...will the bank be able to read and tell?
Thanks
CALLED USCIS .they said they cant transfer to level 2 operator to check receipt number...Is there any other way to find out?...will the bank be able to read and tell?
Thanks
more...
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gc_chahiye
08-19 12:40 AM
I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice
if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.
if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.
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smuggymba
08-19 12:56 PM
Put ur head together and tell me is it too difficult to tell where he is from?
Put ur head together and don't speculate. He can be a US citizen, or a UK citizen or a Sri Lankan or a Senegalese.....stop speculating and defending your ridiculous post.
Put ur head together and don't speculate. He can be a US citizen, or a UK citizen or a Sri Lankan or a Senegalese.....stop speculating and defending your ridiculous post.
more...
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zvezdast
07-10 04:47 PM
There is a story that all flowers received will be forwarded to injured service members at a medical center.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
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rahul2699
05-19 11:13 AM
My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.
Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...
Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...
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transpass
05-14 02:05 PM
I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
Just out of curiosity....Are you a first time buyer or are you moving from some other place to DC area? Just thinking about the home buyer's credit for first timers...
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
Just out of curiosity....Are you a first time buyer or are you moving from some other place to DC area? Just thinking about the home buyer's credit for first timers...
nixstor
09-10 08:42 AM
What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.
Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.
Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.
Junky
09-22 03:27 PM
Some loser gave me red with the following message.
Don't keep posting same message.
Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
So do your part & call.
Don't keep posting same message.
Let me tell you A**H***, when ppl like you do not call I have to post same message again & again & again....
So do your part & call.
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