immi2006
11-27 11:08 PM
Folks,
My strong advice is stay on H1 always. EAD is like a piece of gold plated card. There are many risks associated with it, for example if u r renewal is not done on time, you are nailed, u cannot collect pay, or else it is considered against the law. I am not trying to scare anyone, this is the ground reality.
My strong advice is stay on H1 always. EAD is like a piece of gold plated card. There are many risks associated with it, for example if u r renewal is not done on time, you are nailed, u cannot collect pay, or else it is considered against the law. I am not trying to scare anyone, this is the ground reality.
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canmt
11-27 03:29 PM
H1B transfer.
kanakabyraju
08-31 01:34 PM
I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?
Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.
kanaka
Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.
kanaka
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thomachan72
04-18 07:17 AM
one of my friends.
Premium processing, general (non-masters) catagory got email notification for reciept of his application yesterday evening.
Premium processing, general (non-masters) catagory got email notification for reciept of his application yesterday evening.
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raj2007
04-02 09:25 PM
My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).
I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.
Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?
my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.
Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?
Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?
Your early response helps me take a decision.
I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.
Your attorney can tell if they accept late RFE reply. 12 week is enough time and I don't see anybody want to delay this.
MTR decision takes long time, around 1 year or more but you can't use 485 benefits till that is approved.
I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.
Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?
my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.
Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?
Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?
Your early response helps me take a decision.
I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.
Your attorney can tell if they accept late RFE reply. 12 week is enough time and I don't see anybody want to delay this.
MTR decision takes long time, around 1 year or more but you can't use 485 benefits till that is approved.
desi3933
12-07 04:58 PM
.....
55 lakhs is too high for a person who has only 6 years of US experience.
Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.
Salary for any job depends on lot of factors. How one negotiates is a key factor.
_________________
Not a legal advice.
55 lakhs is too high for a person who has only 6 years of US experience.
Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.
Salary for any job depends on lot of factors. How one negotiates is a key factor.
_________________
Not a legal advice.
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kondur_007
03-25 08:31 PM
Got some answers for you (they are in red below).
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
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arihant
10-16 01:23 PM
If it was at 2' 16'' during the month you got LUD, it means you are stuck in name check.
~
Which star are you referring to? Is it my birth star? Also, what does 2'16" mean and where can I get information about its alignment for the month of my LUD?
This is so far the best explanation someone has given on how to interpret LUDs. But, please provide more details on how to study the stars.
~
Which star are you referring to? Is it my birth star? Also, what does 2'16" mean and where can I get information about its alignment for the month of my LUD?
This is so far the best explanation someone has given on how to interpret LUDs. But, please provide more details on how to study the stars.
more...
Macaca
07-11 05:17 PM
Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com
Please post this info for ALL international students.
Please post this info for ALL international students.
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rkat
08-16 04:39 PM
Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Thanks..!
Thanks..!
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prasadn
09-02 07:03 PM
I went to border and security deffered inspection site at Raliegh NC from this url
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.
Hope this helps.
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.
The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.
Interpretation of such a situation varies by CBP location/officer that you talk to. If they issue you a new I-94 I'd say you are lucky. We had deal with a similar situation about 6 months ago. Our lawyer clearly said "last action" always overrides I-797 and that one cannot work beyond the I-94 date. We crossed into Mexico by walk and walked back in with a new I-94. That way no ambiguity and peace of mind.
Hope this helps.
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eb3retro
06-09 08:37 AM
Hi all,
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
is this in dallas or houston?
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
is this in dallas or houston?
more...
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greencard_fever
09-03 10:25 PM
Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.
Well Said..we can help USCIS (Volunteer) to process our Application on time:D:D:D:D
Well Said..we can help USCIS (Volunteer) to process our Application on time:D:D:D:D
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shx
02-25 04:33 PM
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
WOW. Stealing $30 worth of stuff makes her so bad?
I wonder what stealing from an employer by leaving early from work would mean.
You are beyond hopeless.
WOW. Stealing $30 worth of stuff makes her so bad?
I wonder what stealing from an employer by leaving early from work would mean.
You are beyond hopeless.
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gc_buddy
01-20 06:15 PM
I think you should be fine. My understanding is that USCIS would look at your pay stubs to determine if you have a gap. As you will have continuous pay stubs before and after the HI transfer, you should fine...
I will let other senior people comment too...
I will let other senior people comment too...
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lee.cook
January 30th, 2008, 02:36 PM
Hello,
It really depends on what you're wanting the camera for, i've looked at that cybershot and IMHO I dont like it, the design isn't for me.
The Canon EOS Rebel XT and XTI are both very good camera's and are both in your budget, the only major different is the zoom, the cybershot has 20x and the standard dslr lens is only 3x.
Rebel XT http://www.amazon.com/Canon-Digital-Rebel-XT-f3-5-5-6/dp/B0007QKN22/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725259&sr=1-1
Rebel XTi
http://www.amazon.com/Canon-Digital-10-1MP-18-55mm-3-5-5-6/dp/B000I1ZWRC/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725290&sr=1-1
I believe that the CANON dSLR will serve you better, but like I said it all depends on what you want, the CANON is a highly flexible camera and is a high quality digital camera that will last you for years to come.
It really depends on what you're wanting the camera for, i've looked at that cybershot and IMHO I dont like it, the design isn't for me.
The Canon EOS Rebel XT and XTI are both very good camera's and are both in your budget, the only major different is the zoom, the cybershot has 20x and the standard dslr lens is only 3x.
Rebel XT http://www.amazon.com/Canon-Digital-Rebel-XT-f3-5-5-6/dp/B0007QKN22/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725259&sr=1-1
Rebel XTi
http://www.amazon.com/Canon-Digital-10-1MP-18-55mm-3-5-5-6/dp/B000I1ZWRC/ref=sr_1_1?ie=UTF8&s=electronics&qid=1201725290&sr=1-1
I believe that the CANON dSLR will serve you better, but like I said it all depends on what you want, the CANON is a highly flexible camera and is a high quality digital camera that will last you for years to come.
more...
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Templarian
11-11 11:20 PM
:lol: Bribery is hard.
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ski_dude12
08-10 11:43 AM
Do you think USCIS cares who pays for it or where someone lives as long as the check goes through?
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senthil
02-06 05:20 PM
all your points look ok to me. although it may differ for different prople.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
americandesi
10-04 01:41 PM
I've been living in the US for almost 4.5 years now. Last year I was flying from Los Angeles to Las Vegas and the security officer checking the Photo Id./boarding pass at LAX airport asked me the most intelligent question of the century.
"What's the purpose of your visit to Las Vegas?":confused:
I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.
I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D
I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)
"What's the purpose of your visit to Las Vegas?":confused:
I would expect this kind of question at immigration check for international arrivals and not on domestic departures. May be took his job too seriously.
I thought of saying "Gambling, booze and girls" but just answered "Sightseeing" and he let me go :D
I also had a similar experience in Canada where an officer asked the purpose of visit to Canada in spite of showing my Canadian PR card :)
sheelalann
05-21 09:13 AM
Its been real fast. Yesterday I received my Approval letter, today I received my Card in mail.
Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)
Congratulations !! Enjoy the freedom
Application was approved on 13 may after opening SR on 6th may. So canceling INFOPASS... :)
Congratulations !! Enjoy the freedom
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