Thursday, June 9, 2011

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  • h1bemployee
    06-22 01:39 AM
    I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...

    Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter

    In the denial letter they stated that
    "The beneficiary may remain in the current immigration status until date indicated on Form I94.. "

    So what are my option now?
    Can I work now? if not Can I work after Company B files MTR?





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  • nramesh30
    08-02 02:04 PM
    Hello All,
    As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.

    "My brother entered into the U.S around 2004 with
    valid H1B stamping for company A. He was there only
    for few months . He didnt work on any project
    and he doesnt have any pay stubs. Before he left the
    US, company B filed for his H1B visa . After filing
    H1B he went back to india and later accepted
    a different position in singapore . H1B for company B
    was approved successfully after few months.
    Its been nearly almost 2 years since that happened .
    H1B for company B is valid till sep 2007

    Now company C filed for his H1 just few weeks before
    and it was approved successfully. He wants
    to travel to U.S now and start working for company C .

    He went to singapore U.S consulate for H1B visa
    stamping for company B. Unfortunately it was rejected.
    221(g) . Reason officer gave him was " u
    need to have 13 years experience to take up this job".
    My brother tried to explain to them . But they wouldnt
    listen. Also they retained all the H1B documents
    related to comapny B.Also they have put an entry in
    his passport saying 221(g) and the date.

    Company C is still asking him to travel to U.S , since
    he has a valid visa stamping with company A until Aug
    26 2006. My brother has valid H1B petition thru
    company C which is valid till june 2009.

    1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
    visa for company B), with proper H1B documents valid till 2009 from company
    C?

    2)Will there be questions at the port of entry ?
    3)Will there be any issues because of the 221(g)
    stamping in the passport (company B visa)?
    4)Any chance he wont be let inside U.S ?
    5)Can he show them the h1b approvals for company C ?
    6)Any tips to handle the officer at POE?
    7)If every thing goes smooth, will his new I-94 be
    valid till june 2009 (date on his company C petition)
    or just another 4 weeks (company A petition)?
    8)If by any chance if he is deported, will it affect
    his future prospects in the U.S?

    Any little help is also appreciated.
    I need answer mainly for question 1 and 8





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  • dvnagesh
    12-05 05:01 PM
    Congratulations !! Thanks for sharing the info on the forum and for offering your help...





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  • seekerofpeace
    04-23 04:54 PM
    Hmmm you may be right.....

    Well then I'd have to inform them....But still the attorney always gets a copy of an RFE right since I had it through the company attorney....

    As far as getting GC is concerned I am still far from that stage.....so there is no chance of missing that....I am not counting on it....

    But since I have signed that G28 form ....attorney always gets a copy of the correspondence from USCIS....

    All this is to avoid getting an RFE (for extraneous reason like address change) while I am unemployed ...

    Correct me if i am wrong.

    SoP



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  • goel_ar
    01-17 09:12 AM
    Hi All,

    My situation finally got resolved. Just wanted to share with everyone --

    1. If you don't travel after Oct 1, 2008 & have I-94 with effective date of October Ist 2008 - your status is as per I-94 effective October Ist , 2008. Last Action rule does NOT apply here. We confirmed it with different attorneys, USCIS, Immigration officer, CBP officer. So "texcan" & "astral1977" are wrong in their interpretation.

    System should have updated on OCtober Ist, 2008 with H1 status; DHS, USCIS, CBP departments told us that Vermont center didn't do something right in updating the system when issued you H1 notice.

    Btw, CBP officer at airport (Department of corrections ) verified that my wife's H4, I-94 (received Sep 10, 2008) is active in system & it should have been de-activated on oct, ist 2008 with h1, I-94.

    2. Regarding SSN - We reapplied for SSN & asked SSN office to send the G-845 form manually to DHS. Then after spending 40-50 hours with NSC on phone with multiple calls, we found that there is a phone number , which SSN office can call to check the status of G-845 request with DHS department.
    Number is :- 1-888-464-4218.
    Normally SSN office should call - but in my wife's case, my wife called herself & after being transferred to 2nd tier, officer was helpful & told that verification has been sent to SSN on Jan 2. Visited SSN office a week after that and got my wife's SSN #.

    If you need any more assistance, please feel free to PM me or send me an email to goel_ar@no-spam.yahoo.com.

    Thanks,
    AG





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  • nagesh75
    07-06 04:40 PM
    I am currently working on using EAD. I went to India for a visit and came back to US on 7/7/08 using AP. On the form I-94 they mentioned my status as �Paroled� till 7/7/2009.
    Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
    I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.



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  • black_logs
    01-30 09:48 AM
    It's too late for that. We have so much of paperwork allready done!!!





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  • Sakthisagar
    05-19 09:27 AM
    That is really an irony.. Mexican President have to meet The President to initate CIR. so what bout our incompetent do nothing puppet Indian Prime Minister? Probably he was the first honoured in the White house did he spoke about Immigration, EB-immigration in particular. As an Indian citizen NRI's we have every right to ask him.

    I read a poem by V.Sundaram about our incompetent do nothing PM of India (


    We have a �powerless� Prime Minister
    Who often declares
    I know nothing about Spectrum Scam,
    I do nothing about Spectrum Scam,
    I do not know that I do nothing,
    I do not want to know,
    That I Know Nothing and Do Nothing,
    I do not want to know,
    That I do not want to do what I am not doing.

    Why should I know anything,
    When my supreme �Secular� leader,
    Omnipotent Omnipresent Omniscient,
    Mother Superior Super Star
    Anoints everything,
    Announces everything,
    Applauds everything,
    Approves everything,
    Knows everything,
    Detects everything,
    Directs everything ,
    Does everything.
    For you and me and all
    Is she not EVERYTHING?
    Pleads the Prime Minion Blue Turban :(



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  • whattodo
    12-26 08:20 PM
    Well said, Kumar1. It seems like you have done PhD on immigration matters. :)

    H1/H4/L1/L2... - Non-Permanent Resident Alien
    F1/F2 - Non-Permanent Non-resident Alien.
    Green Card - Permanent Resident Alien.
    Citizen - Naturalized citizen

    Resident and Non-resident make a difference in taxation.

    Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.

    Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.

    Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.

    Let me know if I am wrong anywhere. Thanks





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  • Gundark
    08-26 11:40 AM
    Thanks guys! It was fun making somebody else's idea, I never would have thought of making a Sonic smiley.

    We need more suggestions!



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  • BEC_fog
    03-28 03:32 PM
    As mentioned by Administrator2 to report any issues with the tracker on this thread, here are issues I found.

    1. I tried to sort the listing on Priority Date. The issue is that it does alphabetical sorting and not sorting according to the date. It displays all members with Apr-01, then Apr-02, then Apr-03 instead of Apr-01, May-01, Jun-01 etc.

    2. Also, right now, one can just go back or forth 2 pages at a time. say if you are on page 5, it displays page 3,4,5,6 and 7 as links. It would be nice to add a longer list of pages to jump to or a drop down/text box to jump to a desired page number would be better.

    Nice work to add this tracker...this will prevent all the different polls popping up.





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  • waitingmygc
    09-08 04:26 PM
    I am convinced with Prashanthi.

    Now these days, its relevantly easier for company to file GC for senior position which requires a higher minimum qualification (let�s say Masters) to avoid a lot of resume and/or audit. If a GC seeker has enough number of experience (10/11 +) and a higher degree then its comparatively easier than non-senior.

    For a non-senior positions, prepare a good job adv with combination of skill set. If received a resumes without the combination then your company HR can reject the resume. No problem, as long as everything has been done properly, so that in case of an audit a proper response can be given.



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  • amitk81
    09-19 04:48 PM
    Here is my 2 cents.
    Had an interview in US consulate in Mumbai late August.
    Was asked just one question and the visa officer on counter-3 started talking with my wife about her life and our kid! they went on talking for 5-7 mins completely neglecting me or asking me a single question after the initial question.

    After about 10 min she told my wife that you have been granted visa, we got our passports from VFS next day!

    What I inferred from the conversation is that it is sometimes better to be the observer and not interfere :)

    Don't worry you will receive your passport, but please remember next time don't speak until your are asked a question especially when there is a visa officer involved!

    Amit





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  • forgerator
    10-23 11:11 AM
    Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?

    secondly can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform u? do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?


    thanks n sorry for the multi threads !!!!

    I was given a slip from the officer and told to collect the passport on Friday at the consulate at 2pm. The slip had same information as well.

    Read my full story here :)
    Successful H1B stamping at Vancouver - Pakistani - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=3611048902&r=3611048902#3611048902)



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  • bablata2007
    11-27 03:18 PM
    My 485 is pending with receipt date of Aug 9th, 2007 . It looks like my company is going to layoff a large # of employees. What is the best possible route to take should I lose my job now?

    Pls help.
    Thanks.





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  • axp817
    06-16 12:15 PM
    Thanks Dude. I am in a rejection situation (of I485) here and had opened an MTR in December' 08, haven't heard since them from USCIS.

    Regards

    MA


    adibhatla,
    What was the cause of the 485 denial? Is your 140 approved? I skimmed through some of your older posts but couldn't find an answer.


    Thanks,



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  • govindk
    11-01 12:48 PM
    I guess USCIS is counting 90 days from the notice date though USCIS website clearly state that the 90 days are from filing. I called USCIS several times and every time i got the answer that the system is not allowing them to file service request as 90 days are not completed.
    My lawyers also replied and said that the USCIS is counting 90 days from notice date.


    Service Center - NSC
    Filed - July 26th
    RD - July 27th
    Notice Date - Aug 31st
    FP - Oct 10th
    LUD on 485 - Oct 18th
    No LUD on AP/EAD yet.





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  • nixstor
    08-23 11:56 AM
    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.

    Swede,

    While I agree with most of your comments (Ex: DL process is a mess), it does not work like that. We are talking about inter agency communication. To quote an example of how USCIS systems themselves are designed I asked " How come USCIS do not know how many people will be eligible for filing 485 ? All that they have to do is get a number of approved and pending 140's and come with a PD date that will effectively use visa numbers" short answer is there are different systems in USCIS to which some officers have access to and some officers don't.

    Essentially, the data is already out there but the data is in different data islands and they are not connected. While it would be good to connect all these islands, there can be issues with overwhelming information or making info available with out knowing whats needed. There needs to be an access control based approach or even biometrics. Every access should be substantiated with a reason. In the current situation it might be easy for agencies to ask the applicant for proof rather than trying to go through other agency's bureaucracy. I could be wrong.

    I love the idea of giving SSN, GC application and have it processed.

    Thanks for updating your profile and will see you in DC





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  • ksrk
    06-15 07:17 PM
    So the dates are moving ahead but what does this really imply ? With priority dates retrogessed to around 2000 and no visa numbers availble for EB3. Who is getting the GC. Is it only the Eb2 with PD around 2000 or any one else.

    Does anyone has more info to better understand what these dates imply ?

    While there is some debate reg. what these dates refer to, the USCIS, on this page, clearly states that these are receipt dates (RD) on your receipt notice (for I-485 or whichever document you are checking processing times for).
    [The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center.]

    Based on your EB-category and country of chargeability, if your PD is current AND your RD is earlier than the one indicated in this "Processing Times" page, then you should already have your GC - if you don't you MUST contact NSC.

    Since both you and I belong EB-2 and our PD's are past Jan 01, 2000 (per the June visa bulletin), there is no visa number to give either of us, even if our RD for I-485 is before Aug. 17, 2007.
    The (current) problem isn't USCIS's processing pace - it is lack of sufficient visa numbers.





    mdmd10
    08-03 01:31 PM
    My EB2 I-140 is pending at NSC since 1st May 2007. I have a PD of 5th May 2004, which is current as of August, but looks like until my I-140 is approved, I would still have to wait.





    jonty_11
    09-17 04:49 PM
    there was a thread before which I am unable to find..abt a guy who was told that Ap is only for emergency travel...someone had quoted a law from INS taht said otherwise...I want to keep a copy of the law handy in case I find an eccentric IO at POE...

    Anyone has a link to that legislation..?



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  • smartboy75
    12-04 07:01 PM
    Does that mean the above rules apply only when u want to become a citizen ???





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  • averagedesi
    09-08 01:21 AM
    When is your infopass appt?





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  • mrdelhiite
    02-01 09:42 AM
    This is a perfect example of creating more problems for everyone including yourself. IF everyone applies 2 H1 just to make sure there probability increases the overall probability of one getting H1 stays the same. The problem comes when someone plays by book and applies only one H1. By your action his probability is decreased. This is something my conscious won’t allow. When i was applying a H1 i had option to go for a regular H1 or last years left over masters Quota (The first year masters Quota opened, USCIS started accepting applications in Jan for that already started fiscal year). I decided to go for the Masters one so that i don’t use up a number from the coming year's regular or masters quota .. i could have saved money staying on OPT but i did not
    Moral of the story .... please think about ur actions and be considerate to others. We is stronger then me.

    -M





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  • DSLStart
    09-16 02:33 PM
    I had bad experience entering recently on AP. Not for AC 21. But the secondary inspection officer gave me hard time over showing proof for emergency of travel. So just to be on safe side, be prepared for it.

    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas



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  • Munshi75
    11-24 08:27 AM
    I was on OPT for certain amount of time. But my H1B was approved during my 6th month of OPT . So unless there is any mention of future starting date on your H1B approval notice, you stand to loose the OPT and will be on H1B the moment you receive your receipt number. The REF does not matter at all as you have the receipt number and if you feel confident to deal with your reference.

    Hope I did not confuse you further.





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  • bestia
    07-19 01:03 PM
    My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
    Is Tax Return for last 3 years is required document ?

    Tax returns absolutely not required. Even W2s are not required. But without W2s USCIS will more likely issue RFE, they would want to see them. My accountant told me that a lot of his clients received RFEs for tax returns, so it's good to have them in right order in case...

    Your tax returns will show the case if you worked also for someone else illegaly - USCIS might want to verify that.



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  • jagan13
    02-18 09:58 AM
    I am currently waiting for my renewed passport from Washington DC embassy, which I had mailed them on Dec 30th(signed for and received by them on Dec 31st). The passport is due to expire in Oct 2011. My problem is, my drivers license is expiring on Feb 24th as is my stamped visa. My employer has filed for my H1b extension and I currently have the original receipt notice needed for renewing my license. But, I cannot renew it without the original passport. I have been trying to reach them through phone as well as email for over 10 days now. Also, when filling out the form , I have a different permanent Indian address than what I had on the passport as my family back home had moved. The following are my questions:
    1) Does this increase the processing time, due to any verification of address in India?
    2) Has anybody been in the same situation and if yes, how long did it take for the embassy to renew and mail the passport?
    3) Does anybody have a point of contact at the Embassy?

    NOTE: I just talked to my bank and confirmed that the cashiers checks I had send along with the application have been cashed on Jan 24th. I dont know where that puts me on the timeline for receving my passport.

    I have been looking at other threads on the forum and looks like it is typically taking 40 days for people to receive their passports in the mail. But , my license situation is concerning as I do not know, at what stage of renewal process my passport is in and how much longer I have to wait. Any insight will be greatly appreciated.

    Thanks,
    Jagan





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  • GCBy3000
    09-25 02:33 PM
    If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.

    Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?

    Any idea, whether this is possible?

    I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
    It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
    So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.



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  • Raksha
    12-11 06:26 PM
    Hi,
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?





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  • GCard_Dream
    03-06 04:38 PM
    Back in the old days when there weren't as many IV members, people thought twice before giving a red dot to anyone. Now it has become kind of a fashion. You can get a red dot for asking questions someone thinks has already been asked or for asking simple questions which someone thinks that you should know or if you don't agree with someone's viewpoint etc etc. You might get a red dot if someone doesn't like your handle :D (I hope this is not true)

    After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.

    It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D

    so now people give red dots just for asking a question about EB3...where is ACLU:D



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  • tonyHK12
    10-04 03:00 PM
    . As you said we can take off the contribution from our gross for tax purpose
    That was for Indian residents, don't think IRS recognizes PF, it wouldn't get tax benefit here. 8% FD after tax is still 5.5% annual interest.
    Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.





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  • BharatPremi
    03-28 10:59 AM
    same here. i have updated my information but it doesn't show up in stats

    My experience: Fill all the fields at least for 1st and lasst blocks. Then you will find your record in tracker. Then do trial and error for making fields blank for some fields what you do not want to appear. Some fields, making blank would make record disappear and some not.



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  • calaway42
    10-04 01:31 AM
    hey after im done deleting.. it says Now deselect (CTRL +D) now holding CTRL move the highlight of layer to down 2 pixels and right 2 pixels so it look like the image opposite. i dont get what "move the highlight of layer" is..





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  • mlkedave
    03-07 08:05 AM
    o, i didn't realize the order, i feel pretty stupid...



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  • trueguy
    08-09 12:58 AM
    ^^^^^^^

    bump

    ^^^^^^^





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  • tnite
    08-03 10:36 PM
    See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.

    So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.


    So assuming the application was received on 07/01/2007 then 14 days is 07/15 as we know that except for few no one else has received the receipts



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  • little_willy
    05-22 08:46 PM
    What will happen to people who already made the move hoping to preserve their priority date from previous employer? Isn't this unfair to these folks. Do you think they may be exempt from this? I wish at least.





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  • Pineapple
    07-17 06:48 PM
    This should inspire more people!

    I don't have words to show my gratitude and appreciation for IV team.

    ....

    To help in that area, I am making first time $500 contribution and then $20 per month.

    Thanks a lot IV!

    - Amit

    __________
    Order Details - Jul 17, 2007 15:46 GMT-07:00
    Google Order #900330157495295





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  • rimzhim
    06-07 11:48 PM
    www.msnbc.com
    www.cnn.com

    Cheers!
    You mean rust in peace !!!!!!!:D :D :D





    lostinbeta
    10-21 01:19 AM
    I actually agree with rev now.... I think the location of the text is what is making it look like there are too many empty spaces.... where if you offset the text it will be one big open space instead of a bunch of big ones.

    I think that will make it look better.





    amitk81
    09-19 04:48 PM
    Here is my 2 cents.
    Had an interview in US consulate in Mumbai late August.
    Was asked just one question and the visa officer on counter-3 started talking with my wife about her life and our kid! they went on talking for 5-7 mins completely neglecting me or asking me a single question after the initial question.

    After about 10 min she told my wife that you have been granted visa, we got our passports from VFS next day!

    What I inferred from the conversation is that it is sometimes better to be the observer and not interfere :)

    Don't worry you will receive your passport, but please remember next time don't speak until your are asked a question especially when there is a visa officer involved!

    Amit



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  • gc_on_demand
    12-02 09:51 AM
    What are chances of Dream Act? --> No one can predict. Depends on how Bush era tax cut bill goes through. Dems has added few provision to please Republicans so they are improving chances.

    What are the chances of including our provisions in the bill? --> At this point Republicans want enforcement. They may not bargain for legal immigration in this bill. Rather they may prefer to add some tough rule for dreamers.

    What happens if the bill passes without our provisions? ---> We will still have a chance to have our bill as piecemeal or just sit and watch


    What happens if the bill fails? --> I hope they get it done, Dreamers are more enthusiastic than us and unless they get it these lawmakers will not think about us. Also they can set example that piecemeal is possible.

    WHAT ARE OUR CHANCES IN 2011? --> As I said if dreamer can get their bill done, and CHC doesn't hold any piecemeal in future chances are there. but I doubt CHC will allow any legal immigration bill until Dems are in power of either of house.

    See reply in red





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  • rameshk75
    08-15 09:37 AM
    Thanks for your replies.

    What will happen to the 140? Do they need to file for any amendment?





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  • aachoo
    03-18 10:06 PM
    What happens if your W2 is higher then the prevailing wage? Like $22K higher?


    Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.

    -a





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  • drirshad
    08-10 07:53 PM
    Don't miss this ship, get ur medical done in India and file ASAP i m not sure if u go for Consular Processing do u need to here or not. Its only filing 485 u need to be here. Check with ur attorney ....



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  • prom2
    09-28 08:18 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!

    1) Find a good lawyer with experience in ability to pay issues.
    2) The company should prove ability to pay your LC salary since PD.
    3) Because you are currently working for them, and your salary is 8k below, they should prove they have been paying your salary (W2) and also ability to pay the extra 8K/yr.
    4) If the company had losses in 2006, but their net current assets were over 8K, it is ok.


    BTW, what is your PD?

    It is just an opinion, not an advise, please consult a lawyer with experience.

    Good luck.





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  • desi3933
    01-14 10:57 AM
    http://www.cis.ctc.edu/pub/groups/ppmsug/ICvEEHandout.pdf


    __________________
    Not a legal advice.



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  • roseball
    08-21 11:00 AM
    Hi All,

    Can we follow up case details only with WAC Receipt from both TSC and NSC.

    Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC or TSC.

    Thanks

    Yes, my friend and his wife got approved. His was a TSC - WAC - TSC case, receipted with WAC#.

    Early last week both their cases had a LUD and the status changed to moved to local USCIS office.....The status still shows the same online...However, my friend (primary applicant) received I-797 approval notice for his I-485 on Aug 15th and his wife received the approval notice yesterday in the mail (USPS mail)...No emails nothing....And the online status is still received and pending....His PD is May' 25th 2006 EB2-I with a RD of July 31st, 2007....

    Looks like there is no order to this madness.....





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  • DSLStart
    07-15 10:03 AM
    thats weird!
    watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D

    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?



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  • rajenk
    09-16 04:48 PM
    USCIS is doing this to me the second time. They did the same with my EB3 I-140 and now with my EB2 I-140! I am really upset about the way this lazy NSC is handling I-140s.

    My EB2 I-140 was filed with premium processing on 9/2/2010. Today is 09/16 already and there are no hopes of my case getting touched or approved in 1 day! How do I know, because there are no LUDs since 09/03 (when the premium processing receipt issued).

    Same thing happened with my EB3 case when I requested for premium processing (at NSC) they gave back the premium fee and said they cannot complete the case with in 15 days! So why are they even having this premium service to fool around....

    Is there any thing that I could do about this?

    Thanks,
    Raj:(

    Check my next post on this thread. My I-140 got approved without any LUD changes! Came to know approval from attorney's office!





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  • bomber
    07-25 12:16 PM
    I got an approval email from CRIS last week on my I-140.

    Today I received an email saying the notice that USCIS sent was returned as undeliverable.
    Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?

    Thanks



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  • averagedesi
    09-23 08:45 PM
    I think your scenario is perfectly valid, its a honest mistake by USCIS, however if USPS or fedex or UPS screws things up and if the application reaches USCIS say on August 18th or 20th instead of the 17th, I dont think USCIS would do anything but reject the application again. But I guess it doesnt hurt to try assuming one is not desperate for the AP as in my case.





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  • validIV
    03-20 05:14 PM
    Wow. This is gonna hurt a lot of people.



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  • Prashanthi
    05-12 03:03 PM
    I would not worry about it at this point, this seems to be an internal matter, cases are often transferred to other service centers for speedy processing, sometimes it could be an error also, whatever this might be, this is not something you have control over. If the I-140 becomes overdue you should have your employer call or write to the service center.





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  • NKR
    11-11 11:24 AM
    I would love to trade places with you if I could buddy, so just relax� on the other hand I sympathize with you, a 2001 PD seems so old to me. Being current is the boon, for you to have to stick with the same employer is the curse.



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  • abracadabra
    07-06 11:27 AM
    Hope others also ask some questions





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  • conchshell
    08-22 08:10 PM
    Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)



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  • Berkeleybee
    05-31 01:12 PM
    How about contacting companies to give us contact numbers of their employees who's green card is in process, then we can contact them and inform them about IV !

    Carbon,

    Most companies will not give out such information even to their own employees -- it is considered confidential.

    Here is what my company did -- I drafted an email to my colleagues about IV, and the head of our HR sent a BCC copy to all employees in the green card process. That way employee confidentiality is preserved and the word gets out.

    As far as efforts to grow our membership go -- don't wait for someone to give you the greenlight -- take whatever initiative you can. It is small, step by step, individual grassroots efforts that make a difference.

    If you feel we need to reach out to various groups and communities -- don't wait for someone else to do it -- organize such an effort yourself.

    Thank you all for your support and passion.

    best,
    Berkeleybee





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  • st4rguitar
    04-06 02:02 PM
    Hi All,

    Here is my situation and I would like to get some feedback.

    My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.

    I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.

    Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:

    1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.

    2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?


    Thanks in advance for your input,

    Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.

    Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)

    You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.





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  • swamy
    11-21 05:32 PM
    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.

    Sorry to hear that - I think it's a turn for the better! Last time I parted company it wasn't on the best of terms and quite bitter for many reasons but a few years hence it was the best that has happened to me yet





    hk196712
    07-16 12:51 PM
    I saw a thread somewhere that instructs how to call IO. This is my first call to any Immigration Office.

    I had replied to RFE two weeks back and did not get any updates online.
    That is why I called.

    The officer told me my application is with the officer. I have no idea what that means. He asked me my receipt number and I gave him the WAC#.

    Let me know if you have questions.

    Thanks





    wonderlust
    08-08 05:27 PM
    This is correct. I went to USPS a couple days ago. If I fill out the inquiry form and send it in to USPS headquater, they will track it. If it is cashed, they'll let me know who cashed it. If it is not cashed 60 days from when you first bought the money order, USPS will refund the money to me.

    The problem for us is: given the chaos and delay in the immigration process, we cannot be sure the USCIS cashes the check within 60 days of receiving it. If we file inquiry for the Money Order with USPS, we risk canceling the MO before USCIS can cash it. Then our case is screwed...

    I hate USPS... They should have offered the option to seperat simple inquiry and request of refund... I cannot believe this sh&*&*!:mad:

    Good luck to us anyway. Next time, use your personal check or MO from your bank...

    >>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<

    The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.

    CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.

    If cashed they give you the person's ID who cashed it.

    So, wait for a while before you invoke the process.