eb3retro
03-16 01:49 PM
Hello Everyone,
I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.
Please advise.
Thank you.
how abt u update ur profile first.
I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.
Please advise.
Thank you.
how abt u update ur profile first.
MightyIndian
10-23 01:58 PM
The new US consulate in Hyderabad starts functioning from 10/24. However it starts visa services only in December.
http://timesofindia.indiatimes.com/Cities/Hyderabad/US_Russian_consulates_in_city/articleshow/3630605.cms
http://timesofindia.indiatimes.com/Cities/Hyderabad/US_Russian_consulates_in_city/articleshow/3630605.cms
jayleno
02-14 08:42 PM
I think the only person who would be qualified for this would be someone who is cryogenecally(typo intended coz I dont want to google for the correct spelling) frozen like Austin Powers.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
kumar1
04-16 02:03 PM
1. Sell all my stuff.
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
2. Transfer all my liquid money to home country.
2. Rent a one way van in New York.
3. Drive cross country with family and have fun. Meet all my friends on the way.
4. Return the van in San Francisco, take one way ticket to India.
5. Start a fresh life in India, free of immigration woes.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
more...
nlalchandani
01-11 11:55 AM
My wife has her name changed in the local county (Judge's order and a name change certificate)
She may start a job on EAD (has maiden name)..
Any clues on the process to make similar change in EAD, AP +passport (We would travel soon too), Pending 485 (so that her GC approval comes with the new name)
Has someone changed names for EAD, AP, 485..
She may start a job on EAD (has maiden name)..
Any clues on the process to make similar change in EAD, AP +passport (We would travel soon too), Pending 485 (so that her GC approval comes with the new name)
Has someone changed names for EAD, AP, 485..
drirshad
11-12 12:11 PM
What if you have used AC-21 before getting GC ......
Would that allow you quit the employer sooner than 6 months after GC as this is not the employer who sponsored the GC in first place.
Would that allow you quit the employer sooner than 6 months after GC as this is not the employer who sponsored the GC in first place.
more...
sanjay02
10-17 08:24 PM
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
tp976
08-19 10:06 PM
dont worry about FP. i applied for my wife and me. she got a FP , i never got one. but both of us got our approvals
more...
F1_doubt
05-10 10:15 AM
Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?
In other words, I can never step back into the US?
In other words, I can never step back into the US?
GCVivek
05-13 08:38 PM
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
more...
krishna_brc
02-18 01:11 PM
Thanks for the quick reply, Krishna. I would infact get paid in INR in an Indian account. But what do we do when we file our taxes? When my husband files as "married filed jointly", do we declare this income? Do you have any inputs on that.
Income earned in India has nothing to do with US taxes.
Even if you file as "married filed jointly", there is no requirement to have it declared.
You will pay US taxes only when the income is earned in US.
You would rather file taxes in India for the INR income.
Thanks,
Krishna
Income earned in India has nothing to do with US taxes.
Even if you file as "married filed jointly", there is no requirement to have it declared.
You will pay US taxes only when the income is earned in US.
You would rather file taxes in India for the INR income.
Thanks,
Krishna
GC_1000Watt
01-26 12:50 PM
Question to Mr. President:
In the world of so called "Equal Opportunity" I wonder why we have country quota on employment based green card system.
And on top of that I really have no idea why the concerned authorities can't recapture thousands of wasted employment based visas in the past.
Mr. President, I am sure that once the employment based green card is being taken care of there will be thousands of immigrants becoming proud permanent resident and will not hesitate investing in houses/cars/etc to give the much required boost to the economy.
I'll request you to please provide your kind cognizance on the much awaited employment based immigration relief.
Thanks in advance.
One of the many a thousands of sufferer of slow employment based green card system.
In the world of so called "Equal Opportunity" I wonder why we have country quota on employment based green card system.
And on top of that I really have no idea why the concerned authorities can't recapture thousands of wasted employment based visas in the past.
Mr. President, I am sure that once the employment based green card is being taken care of there will be thousands of immigrants becoming proud permanent resident and will not hesitate investing in houses/cars/etc to give the much required boost to the economy.
I'll request you to please provide your kind cognizance on the much awaited employment based immigration relief.
Thanks in advance.
One of the many a thousands of sufferer of slow employment based green card system.
more...
arihant
07-05 12:19 PM
Hi Guys,
We have do it in a smart way. We need to get the atten of media.
Send the flowers on july 10th. If lot of people do this the media will cover this.
Just my idea.
Thanks,
Chandra.
Just a thought...
These guys are so paranoid these days that I would not be surprised if they send for bomb sniffign dogs and anti-anthrax teams when they receive several flower packages on the same day :rolleyes: :D
We have do it in a smart way. We need to get the atten of media.
Send the flowers on july 10th. If lot of people do this the media will cover this.
Just my idea.
Thanks,
Chandra.
Just a thought...
These guys are so paranoid these days that I would not be surprised if they send for bomb sniffign dogs and anti-anthrax teams when they receive several flower packages on the same day :rolleyes: :D
glus
09-28 07:31 AM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
more...
srinivas72
02-03 09:53 AM
Some please respond about my status...
logiclife
05-30 03:04 PM
As of May 30, 2006, our total contributions stand at $ 137,616.10.
IV team would like to thank all the contributors who have shown a great deal of passion and commitment to this cause and helped us achieve the goal of reaching 130K by Memorial Day.
We are extremely pleased with the enthusiasm of our membership. Almost 30% of our members have contributed funds at some point.
Our contributions not only help us fund the public advocacy and professional help we receive from Quinn-Gillespie, it also represents the strength and commitment of the people who constitute this organization. The amount of funds we get is also a measure of the amount of frustration faced by nearly half a million legal high-skills immigrants who are victims of a broken system. It is also a measure of the strength and resolve of people who want to stand up to an unfair system and fight it.
We thank all our contributors for showing a firm resolve and participating in this effort.
"Always bear in mind that your own resolution to succeed is more important than any one thing."
Abraham Lincoln (1809 - 1865)
http://www.rowleycorvette.com/cards/misc0011.jpg
IV team would like to thank all the contributors who have shown a great deal of passion and commitment to this cause and helped us achieve the goal of reaching 130K by Memorial Day.
We are extremely pleased with the enthusiasm of our membership. Almost 30% of our members have contributed funds at some point.
Our contributions not only help us fund the public advocacy and professional help we receive from Quinn-Gillespie, it also represents the strength and commitment of the people who constitute this organization. The amount of funds we get is also a measure of the amount of frustration faced by nearly half a million legal high-skills immigrants who are victims of a broken system. It is also a measure of the strength and resolve of people who want to stand up to an unfair system and fight it.
We thank all our contributors for showing a firm resolve and participating in this effort.
"Always bear in mind that your own resolution to succeed is more important than any one thing."
Abraham Lincoln (1809 - 1865)
http://www.rowleycorvette.com/cards/misc0011.jpg
more...
Lynx
04-28 10:52 AM
Ironikart got my vote :) It looks so funny and like a real toy, I like it :P
qplearn
10-17 09:40 AM
It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.
That is assuming that you have gone through your biometrics appointment.
If the Skil bill passes, a lot of people will have their PDs current. At that time, if their 485 processing is complete (according to new guidelines if they show date X/X/XX on the service centers, it means they are done with your processing), I wonder what will happen. When USCIS says, it is done with processing your 485, it may not mean it is done with the name check. So starving dog's name check was also complete by the time they finished processing his/her485.
qplearn
That is assuming that you have gone through your biometrics appointment.
If the Skil bill passes, a lot of people will have their PDs current. At that time, if their 485 processing is complete (according to new guidelines if they show date X/X/XX on the service centers, it means they are done with your processing), I wonder what will happen. When USCIS says, it is done with processing your 485, it may not mean it is done with the name check. So starving dog's name check was also complete by the time they finished processing his/her485.
qplearn
americandesi
11-01 12:32 PM
I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.
Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.
Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.
If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.
2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.
Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
A letter alone is not sufficient. You employer has to amend his H1 petition with reduced hours and get the LCA and I-129 approved with DOL and USCIS respectively.
Any violation of H1 rules should be complained with DOL.
Even if the H1 employer terminates you, the termination doesn't take effect unless he cancels your H1 petition with USCIS in which case he has to provide you a return flight ticket.
Here's my suggestion. Educate your employer that he has to pay you the salary mentioned in LCA till the time you're employed with them.
If your employer doesn't oblige then
1) Get your H1 transferred to another employer and file a complaint with DOL to recover all the back wages.
2) In the worst case, go back to H4 and file a complaint with DOL to recover all the back wages.
Knowledge is power. Make sure that you're aware of all the H1 rules so that no H1 employer takes your for a ride.
peer123
07-18 07:57 PM
and researched by Pappu himself. Check the archives in the last 30 days.
bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.
Thanks for your input... any other thoughts on this topic
bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.
Thanks for your input... any other thoughts on this topic
psk79
09-06 10:33 AM
Today employer sent mail checks cashed.waiting for receipts.
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
I am JBARRETT recepient but I got my stuff cahsed the otehr day at TSC. I guess the late was because of the tranfser of cases from NSC to TSC and nothing to do with BARRETTTT!!!!!!!!!!
Jul 2nd Received by J Barrett at 10:25 AM at NSC
My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
I am JBARRETT recepient but I got my stuff cahsed the otehr day at TSC. I guess the late was because of the tranfser of cases from NSC to TSC and nothing to do with BARRETTTT!!!!!!!!!!
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