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Dhundhun
07-09 01:30 PM
For 3-9 years, it is a good news.
For 10 and 10+ years, this is already laws in place in terms Social Security benefits. Hope that this does not worsen. Presently, retirement and some other benefits are available to foreign nationals such as India, if 40 points are accumulated.
For 10 and 10+ years, this is already laws in place in terms Social Security benefits. Hope that this does not worsen. Presently, retirement and some other benefits are available to foreign nationals such as India, if 40 points are accumulated.
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same_old_guy
10-23 05:47 PM
Mine was EB2 at NSC. My I-140 RD is May 16 and got cleared on 18th Oct. Last thing I heard they are processing May last week now.
ameryki
07-16 10:14 PM
try calling now..most dr's that were packed earlier this month are now wide open due to everyone cancelling. but do it fast with the new developments things might get tight again. for eg- I have an appt lined up for Wed morning just incase things come through tomorrow :-)
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yestogc
04-06 06:17 PM
Prem : It is their will, they can issue it again, if they feel that considerable time has passed and they want to check if you are still employed on terms mentioned in your Labor.
No one can question USCIS, they can even deny an approved application. It is not a give and take exercise with them............. it's a one way street.:)
No one can question USCIS, they can even deny an approved application. It is not a give and take exercise with them............. it's a one way street.:)
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vlad0002
01-25 04:22 PM
Hi all,
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
I don't believe having I-140 filed by a company constitutes a violation of beneficiary's non-immigrant status.
To be eligible for the student status, among other things, you must demonstrate non-immigrational intent, that's true. When applying for a visa and going through immigration control at the port of entry, the burden of proof is on you. Therefore, the chances of getting F1 visa or being admitted on F1 status with I-140 filed are very slim. Nobody will believe you are entrying to study and go back when you have approved labour and I-140 pending (or even approved). Once you inside the country, however, INS have the burden of proof in the status violation cases. And for them to proove in a court of law that you violated your status by changing your intention to go back would be impossible without some sort of open confession and signed affadevit from you. So, don't worry about it.
Person's intentions change over time, there's nothing wrong with it. Peolple file adjustment od status applications all the time: B1 to F1, F1 to H1B, etc. Filing I-485 from student status, or from any status, should not be a problem in itself either, as that is precicely what you are declaring by this application: "My intention changed, I don't want to go back anymore, please adjust my status to Permanent resident".
There is a potential problem here, though. If you apply for a position and initiate LC process shortly after you entered the country on non-immigrant visa, you might be giving INS in future a reason to suspect that you were not truthful on your original non-immigrant visa application, and your "real" intention was not study but work in the USA. That's where there could be trouble, as if they are sucsessful in prooving this, it could lead to deportation and lifetime ban. Per my lawer, the safe time to wait before initiating any status changing process is one year.
My personal situation: I was on F1 visa for 6 years before I started LC process with a company for a totally unrelated to my field of studies position (EB3). We had PERM approved and filed I-140, with me still on F1. I-140 was approved and now we are stuck in retrogression. Meanwhile, and after I-140 was approved, I graduated and applied for H1B based on my major. I have disclosed on H1B application that I have I-140 approved from another company and attached a copy. Not a question asked. H1B was approved within 9 days (cap exempt). And there's more. Because I violated my F1 status years ago by accepting unauthorized employment (tracable through taxes), my lawer told me to leave the country and re-enter, to cut the tail clean and be eligable for adjustment of status when the quotas open up. I went to Canada, and applied for H1B visa stamp, disclosing on the applicqation that I have I-140 approved and have violated my visa terms previously ("yes" to question 38, in "kiss of death" section of the application). Very stressful time that was. But in the end - no problem, got the stamp and was back in two days.
Anyway, sorry for the long post. I hope this helps.
techbuyer77
09-17 03:17 PM
I have appointment tonite. Will fill you guys up tomorrow.
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glus
01-23 06:28 PM
hi all
do read this link given below:-
http://capwiz.com/aila2/issues/alert/?alertid=9221981&type=CO
thanks
This is old...like two weeks old.....many people have already sent this letter..
do read this link given below:-
http://capwiz.com/aila2/issues/alert/?alertid=9221981&type=CO
thanks
This is old...like two weeks old.....many people have already sent this letter..
2010 Up the side I want a eatles
sam_hoosier
01-25 11:29 AM
Don't u think that if X has contributed $1,000 and I have contributed $20/$0 I might be temped to rethink that I need to contribute more. It is not comparing $100 vs $200.
Think about it, any donation made by philanthropists are made public, i am not saying we are philanthropists here since we have a cause in mind. The reason is to prompt people to contribute. If this is not a key agenda IV then please ignore this post.
Your logic does not really make sense to me. If I contribute X amount, I do so because I believe in IV's cause (which is my cause too) and not because someone else has contributed Y amount.
I think we are all mature adults and not school kids, and do not require such kind of policing.
Think about it, any donation made by philanthropists are made public, i am not saying we are philanthropists here since we have a cause in mind. The reason is to prompt people to contribute. If this is not a key agenda IV then please ignore this post.
Your logic does not really make sense to me. If I contribute X amount, I do so because I believe in IV's cause (which is my cause too) and not because someone else has contributed Y amount.
I think we are all mature adults and not school kids, and do not require such kind of policing.
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rck4evr
08-07 08:14 PM
I am in the same boat. My employer refused to file my ead or AP. I am sure they will not give me the RN too.
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conundrum
05-29 11:54 AM
I usually shy away from replying to what people have to say about legal immigrants as I strongly believe that each person is entitled to his/her own views. Having said that, people like Communique (not directed at you, but using your name as you seems to be the most vocal), don't seems to realize that it is in the interest of this country to have well educated legal immigrants. I just hope that the opponents of the legal immigration realize that each legal immigrant (at least in the EB category) is very well qualified and they are doing to job which has been advertised for a period of at least 30days and no legal resident was found to be qualified for it.
The question is very simple, why would you NOT want such a person to be a legal immigrant to your country? Only if you are xenophobic would you be opposing such immigrants. Why would you want to put a million roadblocks in the path of such people? Instead of trying to run them out the country by frustrating their efforts to immigrate and denying them the basic rights like ability to accept a promotional, receive a higher pay, etc. shouldn't you be welcoming such immigrant who add value to this country?
There are so many "whys" that I could ask a person who opposes legal immigrants. Like I said before, this is my train of thought and belief, if you don't buy it then you are entitled to your. As long as you can rationally justify it to yourself that is all that matters.
The question is very simple, why would you NOT want such a person to be a legal immigrant to your country? Only if you are xenophobic would you be opposing such immigrants. Why would you want to put a million roadblocks in the path of such people? Instead of trying to run them out the country by frustrating their efforts to immigrate and denying them the basic rights like ability to accept a promotional, receive a higher pay, etc. shouldn't you be welcoming such immigrant who add value to this country?
There are so many "whys" that I could ask a person who opposes legal immigrants. Like I said before, this is my train of thought and belief, if you don't buy it then you are entitled to your. As long as you can rationally justify it to yourself that is all that matters.
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krishnam70
02-15 03:34 PM
I didn't send a certified mail but I have a reply to my email saying that they didn't received the statements from the Insurance Company and we can still report those missing wages without a W2 from the company.
Can we use this as a proof of contacting employer requesting for a corrected W2?
Or
Do you still recommend us to send a certified mail? so, first thing Tuesday morning I can do that.
Yes, make sure you give your employer the benefit of doubt by sending the documents via certified mail and acknowledgment received/delivery confirmation.Make sure you mention that you need it amended to file for taxes and will be forced to report otherwise. Follow that up with an email via delivery confirmation option to make sure its been received. If nothing happens from your employer in consultation with your tax consultant file a complaint.
good luck
kris
Do speak to your attorney/tax consultant for a legal opinion
Can we use this as a proof of contacting employer requesting for a corrected W2?
Or
Do you still recommend us to send a certified mail? so, first thing Tuesday morning I can do that.
Yes, make sure you give your employer the benefit of doubt by sending the documents via certified mail and acknowledgment received/delivery confirmation.Make sure you mention that you need it amended to file for taxes and will be forced to report otherwise. Follow that up with an email via delivery confirmation option to make sure its been received. If nothing happens from your employer in consultation with your tax consultant file a complaint.
good luck
kris
Do speak to your attorney/tax consultant for a legal opinion
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Iamthejuggler
03-19 12:14 PM
Stop trying to guilt people into voting for you! :P
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lazycis
01-24 04:52 PM
School can't force her to continue on F1 visa. Only thing she need to send school is her copy of pending I-485 receipt and thats it.
Exactly. Let them cancel her F1 status and she will automatically change status to AOS pending.
Exactly. Let them cancel her F1 status and she will automatically change status to AOS pending.
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bhavana
05-24 01:18 PM
Fax sent
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gimme_GC2006
07-19 02:23 PM
My employer has always provided me the receipt numbers. I'm talking about the physical receipt notice which I might need just in case i need to invoke AC21.
I am sure you(we) can use Freedom of information act to get reciepts. If you know that reciepts were issued and your employer is hiding
I am sure you(we) can use Freedom of information act to get reciepts. If you know that reciepts were issued and your employer is hiding
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stuckinmuck
05-22 02:55 PM
You must have noticed that in any society, the extremely rich or the extremely poor do not follow any rules while the 'middle class' follows all the rules and gets screwed. :(
So it shouldn't be surprising that we are getting this 'mad' deal after years of following rules. Am not justifying it but that's the sad reality and we live with it every day. We need to do our best to try to change it. Try keeping your spirits high.
In addition, it could be that the U.S. is slowly becoming a land where 'unskilled' workers are more valuable since they already have a pool of adequate 'high skilled' workers in addition to many of the 'high skilled' workers living overseas (due to outsourcing). So what seems unfair to us maybe the harsh reality on the ground. Maybe, they don't want this additional pool of 'high skilled' workers anymore. We may be living under the wrong assumption that 'high skilled' workers deserve a better chance in the U.S.
So it shouldn't be surprising that we are getting this 'mad' deal after years of following rules. Am not justifying it but that's the sad reality and we live with it every day. We need to do our best to try to change it. Try keeping your spirits high.
In addition, it could be that the U.S. is slowly becoming a land where 'unskilled' workers are more valuable since they already have a pool of adequate 'high skilled' workers in addition to many of the 'high skilled' workers living overseas (due to outsourcing). So what seems unfair to us maybe the harsh reality on the ground. Maybe, they don't want this additional pool of 'high skilled' workers anymore. We may be living under the wrong assumption that 'high skilled' workers deserve a better chance in the U.S.
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anilkumar0902
07-26 07:59 PM
Glad that you can now move on to the next stage....The wait for dates to be current..Good Luck.
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Canadian_Dream
12-19 05:10 PM
Yes there is a security check at I-140 stage, it is not FBI name check. No one
know what this check is and who gets subjected to it or it is just random. I-140 stuck for 1.5 years without RFE makes it quite likely that your petition is stuck in this check. Take a look at this:
http://www.immigrationportal.com/archive/index.php/t-193663.html
Best way to find out is, your attorney raise a service request with USCIS.
Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.
BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.
Are there anything we can do to get the status on the security check? How long usually does it take?
know what this check is and who gets subjected to it or it is just random. I-140 stuck for 1.5 years without RFE makes it quite likely that your petition is stuck in this check. Take a look at this:
http://www.immigrationportal.com/archive/index.php/t-193663.html
Best way to find out is, your attorney raise a service request with USCIS.
Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.
BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.
Are there anything we can do to get the status on the security check? How long usually does it take?
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gc_chahiye
02-17 09:33 PM
Thanks for your reply. My main question is, if I do the H1B transfer (to a company other than the one that filed my labor, 140, 485), who has to submit the application for my spouse's 485 (when the priority date becomes current), my new employer or the old one that originally filed my 485?
Thanks.
your wife's petition is based off yours, you dont need any LC/I-140 filing documents for that. Your I-485 receipt and/or I-140 approval notice copy is what you will need to include in her application. Other than that there is nothing needed from either X or Y. So it does not matter whether the petition is filed by an attorney from X, from Y, or from your own independent attorney. You can even file it yourself without involving attorneys...
Thanks.
your wife's petition is based off yours, you dont need any LC/I-140 filing documents for that. Your I-485 receipt and/or I-140 approval notice copy is what you will need to include in her application. Other than that there is nothing needed from either X or Y. So it does not matter whether the petition is filed by an attorney from X, from Y, or from your own independent attorney. You can even file it yourself without involving attorneys...
EkAurAaya
11-28 07:36 PM
Thanks Pappu! :)
Receipt ID: 1992-7024-8941-5645
Receipt ID: 1992-7024-8941-5645
krishna.ahd
01-14 12:53 PM
Yup even air india has non stop to both del and bom from JFK. Or fly jet airways. Why are we paying virgin atlantic and BA for just their pomp?
Dont forget
Delta ATL-JFK-BOM or Continental EWR-DEL
Dont forget
Delta ATL-JFK-BOM or Continental EWR-DEL
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