Leo07
10-15 03:54 PM
Yes, PD & labor is same. Don't need to apply labor again. Just the I-140 since it's a company take-over.
I filed the H1-B extension through Regular, just want to see if 140 is worth filing premium?
I filed the H1-B extension through Regular, just want to see if 140 is worth filing premium?
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JazzByTheBay
06-20 09:34 PM
- Got wife's maiden name changed when I lost her passport... couple of years back. Recollect it took ~a week.
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi ,
Iam here on h4visa. Iam also planning to apply for name change from maiden name to married name in my passport.Is it true that it takes 1week time for the process if u go in person?Have u got any idea how long would it take if it is by mail?
And also i would want to ask some doubts in filling the application if u have already done this.None of them respond properly over phone from CGI.And by mail they are not answering appropriately.
can u help me in these questions.
16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
21).Present indian immigration status *ECR/**ECNR_________ ? (what to write here)
In the following question in the application form which option do i select for my maiden name change????????
31).Is this application for the
-first time passport
-new passport in replacement to expired/expiring passport
-lost passport
-damaged passport
Hope to get reply from u soon,
vaishu
- Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)
- 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
Don't recollect needing any of the above numbers.
- In our case, it was new passport in lieu of lost passport.
If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.
jazz
Hi ,
Iam here on h4visa. Iam also planning to apply for name change from maiden name to married name in my passport.Is it true that it takes 1week time for the process if u go in person?Have u got any idea how long would it take if it is by mail?
And also i would want to ask some doubts in filling the application if u have already done this.None of them respond properly over phone from CGI.And by mail they are not answering appropriately.
can u help me in these questions.
16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)
21).Present indian immigration status *ECR/**ECNR_________ ? (what to write here)
In the following question in the application form which option do i select for my maiden name change????????
31).Is this application for the
-first time passport
-new passport in replacement to expired/expiring passport
-lost passport
-damaged passport
Hope to get reply from u soon,
vaishu
smuggymba
05-11 02:11 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
Are you from infy/TCS/Wipro....in that case no problem.
and yeah...welcome to IV.
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Sai gc
05-12 10:49 AM
Anyone please advice.
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ocpmachine
07-23 07:59 AM
Lately, USCIS has started looking into H1B transfers more carefully and giving applicants tough time approving it with all kinds of RFE, read through the forum for others experience, keep that in mind before making your move...I am not trying to scare you though, its just a pointer to whats going on currently.
lazycis
12-29 09:36 AM
It's OK to stay while change of status (COS) is pending if COS was filed before I-94 expiration (your case). Even though your wife will be technically out of status after 1/3/09, she is not going to accumulate unlawful presence because her stay is authorized by US Attorney General. Out of status is not a big deal. A person who came on H1 and filed for AOS does not have any status if H1 expires, but that person is lawfully present in US.
So wait for a decision on COS and if it is denied, your wife has 180 days to get a lawful status or to pack and leave without any adverse consequences.
So wait for a decision on COS and if it is denied, your wife has 180 days to get a lawful status or to pack and leave without any adverse consequences.
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GreeNever
02-08 04:33 PM
Hi eb3_nepa,
I share your views. It's just that 'venting it out' at times may not amount to a total undermining of the merit involved, much as it seems that way. This is not to justify this either. Let's take some 'retro-bothered' views in our stride and brush under the carpet anything that is not meant to be..
It is with the intention of intellectually engaging a promising office that I had proposed we do the above. If this leads to something concrete it will bring smiles - else, no hard feelings..we are either mature or inured to. It's one of those efforts.
Take it easy, folks and BE PROUD OF ALL YOUR EFFORTS. Hey, at the end of it..we all played!
Keep up the spirit! ..we all love our motherland , as also the land that we want to grow on ...
I share your views. It's just that 'venting it out' at times may not amount to a total undermining of the merit involved, much as it seems that way. This is not to justify this either. Let's take some 'retro-bothered' views in our stride and brush under the carpet anything that is not meant to be..
It is with the intention of intellectually engaging a promising office that I had proposed we do the above. If this leads to something concrete it will bring smiles - else, no hard feelings..we are either mature or inured to. It's one of those efforts.
Take it easy, folks and BE PROUD OF ALL YOUR EFFORTS. Hey, at the end of it..we all played!
Keep up the spirit! ..we all love our motherland , as also the land that we want to grow on ...
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raj2007
06-23 09:31 AM
My lawyer have said that I need to submit last year's tax return.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.
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glus
05-13 08:26 AM
Dont worry. With proper documentation you can prove that you dont have an immigration intent NOW. What matters is the immigration intent NOW.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
Logically NOT filing 485 and LEAVING US for a lengthier period of time itself is a hint towards non-immigration intent. (I agree that USCIS might not always follow the logic).
Obviously you need to show about your strong ties in home country and why you might want to come back.
But the consulate can come-up with their own decision, since "intent" is something which can never be proved 100% . And the officers at consulate are instructed to consider every visa applicant as a possible immigrant.
Morchu,
Logic does not always apply in the States. INA states that "immigrant intent" is proven/shown when and if one files "immigrant petition" or when "immigrant petition" is filed on behalf of a person. Immigrant petition, is "I-130, I-140 or I485" petition. I understand your logic, but INA specifically states what "immigrant intent" is. Thanx.
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nrk
04-09 05:53 PM
congrats
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lskreddy
08-14 12:05 PM
all the best to you! If you are serious about this, then you may want to go easy on visiting iv and start checking out: http://www.r2iclubforums.com/forums/
I spend a few good hours a week on that site. :-)
Some of the writings are pretty motivating...
I spend a few good hours a week on that site. :-)
Some of the writings are pretty motivating...
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rockstart
05-05 09:09 AM
As long as you are working in the same position you should be fine. Also since you are making more than what is specified in your labor there is no reason to be worried. At I485 stage all they want to validate is that the employer still has the position open and you are still employed. So there is no real need to worry about the greater income.
Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
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mudigondag
01-25 05:05 PM
I went thru the same experience for my daughter. Without GC you can not apply in 90% of MED schools in US. Among other states, some MED schools in Texas and Alabama do not need GC. Similarly some DO schools do not need GC. Without GC, you may explore Caribbean Med Schools. Some of them (especially St George, Ross and Saba) are at per with US MED schools, accepted by all US states and are eligible for Federal Loan.
Good Luck to your daughter.
Thanks ksircar;
Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
Thanks
Venu
Good Luck to your daughter.
Thanks ksircar;
Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
Thanks
Venu
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Britsabroad
November 30th, 2008, 03:34 PM
Thanks Ed! Im after one of these.
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javadeveloper
11-24 02:03 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.
Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.
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chi_shark
06-24 04:28 PM
i dont think the question is about earning a paycheck. The question is about being employed or not. Perhaps it could also be termed as "being working" or not.
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
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andy garcia
02-21 09:22 AM
I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
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Dhundhun
06-26 04:13 AM
...The instructions in I-131 form says, the application will be abondoned if the person leaves the country after filing I-131.
I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.
But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
-- When a person is having vaild H-1B or H4 visa
-- When a person is already having AP and is returning within the validity existing AP.
I think that when intent of filing I-131 is to get AP, and when (s)he goes out of country, (s)he can't come back to USA. AP can't be mailed.
But it the following scenario it is possible to go out after filing I-131 (my guess) and return safely:
-- When a person is having vaild H-1B or H4 visa
-- When a person is already having AP and is returning within the validity existing AP.
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number30
04-09 01:57 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
Since you did not transfer your H1 you need an advance parole. You could have entered with old stamping if you had H1 transferred to the new employer. So you need a AP for travelling
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
Since you did not transfer your H1 you need an advance parole. You could have entered with old stamping if you had H1 transferred to the new employer. So you need a AP for travelling
loma
04-15 10:03 AM
If your e-file gets rejected, you can send in your retrun electronically, and submit a paper form: Form 8453-OL with your signatures. I did this with TurboTax software.
This is a substitite for a complete electronic e-file, in that you don;t have to mail the complete return by post, and you can get refund more quickly.
Thanks
Amol
This is a substitite for a complete electronic e-file, in that you don;t have to mail the complete return by post, and you can get refund more quickly.
Thanks
Amol
funny
09-30 05:57 PM
Here it is -
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
So this new system will be in place on oct 29th 2008.. Lets hope that USCIS has been wrong all along in providing correct information to DHS.:D
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
So this new system will be in place on oct 29th 2008.. Lets hope that USCIS has been wrong all along in providing correct information to DHS.:D
