greencardvow
08-03 07:12 PM
This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
Reason: Employer didn't follow labor rules in paying for some of the other employees.
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sanjose
07-18 01:12 AM
Hmm.. let us think through this(may seem crazy). Is there anything called "dual permanent residency" ? I don't think so. Yes, there is dual citizenship - but that has to follow permanent residency in those countries.The permanent residency of one of the countries has to be lost if you spend 183 days in the other country. Well, assuming that one would retain his GC after all this trial and tribulation, just surrender the Canadian PR and be a normal guy with a GC; no problem at all !! (Hope the canadian pr surrender doesn't take a decade, just like getting a GC).
ndialani
11-23 06:31 PM
I send through Wells Fargo to ICICI bank in Inida. You can open a remmitance account with wels fargo and wire transfer yourself. Every $1000 dollars they charge $9 dollars.
Advantage is money is there in 2 days.
Simplest way is ...send your mom, post dated checks for the whole year. Mail it through Prioriy mail using USPS.....ony costs 5 dollars. She can deposit the check every month. I 've been doing it for longest time.
Only , in case of emergency and you want to transfer 5000 or more, i like Wells Fargo Service.
Advantage is money is there in 2 days.
Simplest way is ...send your mom, post dated checks for the whole year. Mail it through Prioriy mail using USPS.....ony costs 5 dollars. She can deposit the check every month. I 've been doing it for longest time.
Only , in case of emergency and you want to transfer 5000 or more, i like Wells Fargo Service.
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lazycis
12-11 06:00 AM
wow !! Good... so you too applied after your EAD had expired... and you continued to work on H1. That gives me a good feeling... thanks. Can you share your situation a little more (or I can give my email seperately). I was also wanting to know if you ae aware whether EAD can be applied from outside the US, just in case I had to do that...
That was exactly my situation - working on H1 and having EAD just in case. I was not planning on changing jobs and H1 was just extended for another 3 years so I think I waited almost a year (after EAD expired) before applying for EAD renewal. I do not see why you cannot file it from outside the US if you file by mail. There will be an issue if you e-file as you will have to appear at the ASC to have your picture taken. So file by mail, all you need to send is form I-765, a copy of I-485 receipt, a copy of current (old) EAD, 2 photos and a check for $340 payable to DHS.
That was exactly my situation - working on H1 and having EAD just in case. I was not planning on changing jobs and H1 was just extended for another 3 years so I think I waited almost a year (after EAD expired) before applying for EAD renewal. I do not see why you cannot file it from outside the US if you file by mail. There will be an issue if you e-file as you will have to appear at the ASC to have your picture taken. So file by mail, all you need to send is form I-765, a copy of I-485 receipt, a copy of current (old) EAD, 2 photos and a check for $340 payable to DHS.
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immi_seeker
10-05 12:43 AM
This Thread is to start the ball rolling for meet & greet for Arizona members. Arizona memebers especially the folks living in phoenix/Chandler/Gilbert/Mesa/Tempe area , if interested pls come forward and post on this thread.
We could setup something in the near future (some weekend or friday)on october itself ) so we can get to know each other and discuss about any future course of action from a state chapter perspective.
We could setup something in the near future (some weekend or friday)on october itself ) so we can get to know each other and discuss about any future course of action from a state chapter perspective.
cooler
07-20 07:19 AM
You raise a good point Maverick_08. At some point, GC no longer holds the same perceived value as one initially had assigned to it. A lot of us in this forum have been around for a decade or more (myself included) and have reached a tipping point of sorts.Those who applied for GC and were fortunate to have got it soon, probably did not go through the same level of frustration and angst that some of the others have.
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
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thomachan72
09-07 09:46 AM
Just as under the Indian constitution under the Income tax act all citizens whether residing inside the country or not are treated equally. the Govt will be acting against the law and infringing upon basic rights if they create different tax structures based upon place of residence for citizens. For eg:- interest on bank deposits is income generated within the country and for that there is a compulsory TDS in case of NRIs. This is a provision to prevent people from repatriating income without paying due taxes as it becomes the responsibility of the bank to collect the tax. Now as any citizen an NRI has the right to any exemptions / deductions and can claim back excess tax that was deducted when he/she files the income tax.
I wouldn't be worried about this article unless your personal chartered accountant in India tells you something. You cannot be taxed differently from any other citizen. Let me ask you one thing; Dont you as a citizen have the right to vote irrespective of where you stay? similarly your rights dont change if you stay abroad or work abroad. Infact the govt of many states rely heavily on foreign repatriation particularly from the gulf countries.
There is going to be a HUGE HUGE aproar if something silly like this were to happen. Its like saying, "NRIs have to pay more at the Indian gas stations because the tax is higher for them"
Dont worry be happy it is a false article written by somebody who apparently has not understood really what he/she read.
I wouldn't be worried about this article unless your personal chartered accountant in India tells you something. You cannot be taxed differently from any other citizen. Let me ask you one thing; Dont you as a citizen have the right to vote irrespective of where you stay? similarly your rights dont change if you stay abroad or work abroad. Infact the govt of many states rely heavily on foreign repatriation particularly from the gulf countries.
There is going to be a HUGE HUGE aproar if something silly like this were to happen. Its like saying, "NRIs have to pay more at the Indian gas stations because the tax is higher for them"
Dont worry be happy it is a false article written by somebody who apparently has not understood really what he/she read.
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sandeep77
07-26 04:09 PM
hey kalindi, just one question, i am not well versed in the GC procedures, so this might be really out of sync, but arent the priority dates of EB2 India August 2004, how could you apply for i485 when ur PD was July 2005??
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pmpforgc
04-27 10:18 AM
Hi
I think it is true that you need to be careful with Indian immigration people.
Two three years back One of my senior NRI friend's wife who is US citizens passport was Intentionally Lost by Immigration People at bombay airport by immigration people, which could be recovered after SEVERAL DAYS of INTENSE PRESSURE on immigraton people by US consulate authorities as well as official complaints at Police.
SO you can not ignore this issue. You definately need to be careful when you hand over your documents to Airport peoples at Indian airports.All may not be that bad, but several such cases are happened.
I think they do this only to NRI to earn lot of money out of immigration racket. with recent involvement of MP etc. in racket we can see that how deep this thng can go if people are not careful or opposing it at every chance.
Citizens of other countries who are not NRI does not need to Worry about this as they can not earn anything with their passport US visa stamp etc. So they will never do these type of thing with any other foreign citizen who is not NRI (non-resident indian)
I think it is true that you need to be careful with Indian immigration people.
Two three years back One of my senior NRI friend's wife who is US citizens passport was Intentionally Lost by Immigration People at bombay airport by immigration people, which could be recovered after SEVERAL DAYS of INTENSE PRESSURE on immigraton people by US consulate authorities as well as official complaints at Police.
SO you can not ignore this issue. You definately need to be careful when you hand over your documents to Airport peoples at Indian airports.All may not be that bad, but several such cases are happened.
I think they do this only to NRI to earn lot of money out of immigration racket. with recent involvement of MP etc. in racket we can see that how deep this thng can go if people are not careful or opposing it at every chance.
Citizens of other countries who are not NRI does not need to Worry about this as they can not earn anything with their passport US visa stamp etc. So they will never do these type of thing with any other foreign citizen who is not NRI (non-resident indian)
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mnkaushik
04-13 03:23 PM
Last weekend while chit chatting with my Indian neighbor, he told me that some of people he knows of got GC with their PD not being current. He said that his very good friend, who has a PD of 2005 for EB3, just got his GC. I kind of mentioned that may he applied for EB2 and did porting. But he was firm and said no his friend did not do it. He also went on to mention that his friend got a RFE and then once he responded to the RFE, he immediately got GC.
I know, for now this whole thing from my standpoint is hearsay. But I just would like to know if any of you have come across such cases. Just want to get an understanding of how much of this occurs. I am guessing it is a very small number.
I know, for now this whole thing from my standpoint is hearsay. But I just would like to know if any of you have come across such cases. Just want to get an understanding of how much of this occurs. I am guessing it is a very small number.
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chanduv23
05-21 01:14 PM
Thanks guys. I am going to Lake George by NY-Canada border and this seems like good info. But I am from NJ and we have the new tamper proof Drivers licenses which show immigration status and you need to produce all immigration papers to get one. Isn't that enough??
Carry ur passport and h1b ddocument - DL is not enough
Carry ur passport and h1b ddocument - DL is not enough
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manderson
03-17 11:02 AM
I think becoz of anti-immigrant trolls on this website such activities has been taken offline to State Chapters. If you really want to participate then it's best to join your State Chapter:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.
How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.
How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?
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drak70
03-08 10:42 AM
Here is my experience
My 140 got denied. 485 showed was pending online. I maintained my visa status separately at all times and I filed and MTR within 30 days .t never got denied online at least
As per my discussion with 2 big shot lawyers office. While I-485 denial usually follows I-140 denial, they are NOT automatically done by the computer. ie someone opens your 485 file and signs off on the denial, based on 140 denial
In the MTR filing the lawyers specially requested that the 485 filed concurrently be also reopened consistent with the decision of the MTR.in my case MTR was successfull 140 got approved and 485 also got approved after 6 months
In your case keeping working on EAD is dangerous because 485 denial will and can occur anytime and it will leave you scrambling for status cover.Dont depend on online status check. My temp GC was stamped by USCIS even though it shows pending online
My 140 got denied. 485 showed was pending online. I maintained my visa status separately at all times and I filed and MTR within 30 days .t never got denied online at least
As per my discussion with 2 big shot lawyers office. While I-485 denial usually follows I-140 denial, they are NOT automatically done by the computer. ie someone opens your 485 file and signs off on the denial, based on 140 denial
In the MTR filing the lawyers specially requested that the 485 filed concurrently be also reopened consistent with the decision of the MTR.in my case MTR was successfull 140 got approved and 485 also got approved after 6 months
In your case keeping working on EAD is dangerous because 485 denial will and can occur anytime and it will leave you scrambling for status cover.Dont depend on online status check. My temp GC was stamped by USCIS even though it shows pending online
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red200
09-04 02:35 PM
Gradually it has to come to 2007 for sure
because
1)It came till OCT 2006 in 2007 as well as in 2008 , There would be really few members who would have missed the two boats under EB2
but there will be EB3 -> EB2 conversions not sure how many , Hard to estimate
2)The applications to USCIS are gradually decreasing and the trend probably will continue in 2010, Hence lesser revenues for USCIS
so if PD is stable in coming months or even if it has slow and steady increment, I believe 2007 will be current again in coming 3 quarters, if it doesnt happen in oct bulletin
because
1)It came till OCT 2006 in 2007 as well as in 2008 , There would be really few members who would have missed the two boats under EB2
but there will be EB3 -> EB2 conversions not sure how many , Hard to estimate
2)The applications to USCIS are gradually decreasing and the trend probably will continue in 2010, Hence lesser revenues for USCIS
so if PD is stable in coming months or even if it has slow and steady increment, I believe 2007 will be current again in coming 3 quarters, if it doesnt happen in oct bulletin
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rakesh_one
03-19 11:44 AM
Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
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okuzmin
07-13 11:26 AM
If you invest more than 1 million(like bechams hollywood hills home) in US you are eligible to apply for a greencard
You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)
You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)
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desi3933
07-20 04:58 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
One is expected to know immigration laws. Who stopped Person B to re-enter USA before filing for I-485.
Not knowing laws is not a valid excuse.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
One is expected to know immigration laws. Who stopped Person B to re-enter USA before filing for I-485.
Not knowing laws is not a valid excuse.
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redgreen
06-21 07:28 PM
So much of misinformation by many 'legal advisors'!
Please note that:
1. Unemployment benefits is not a public charge.
2. For getting unemployment benefits one need not be a citizen/permanent resident.
3. You don't acquire illegal stay if you have a valid I-485 pending.
Please read relevant FAQs at the USCIS webpage.
Don't rely on advices from ignorants who try to scare people!
Please note that:
1. Unemployment benefits is not a public charge.
2. For getting unemployment benefits one need not be a citizen/permanent resident.
3. You don't acquire illegal stay if you have a valid I-485 pending.
Please read relevant FAQs at the USCIS webpage.
Don't rely on advices from ignorants who try to scare people!
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vxb2004
11-25 07:59 PM
vxb2004,
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.
KKtexas,
I had some soft LUD's in June...but the AC21 documents were sent in June!!
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.
KKtexas,
I had some soft LUD's in June...but the AC21 documents were sent in June!!
up_guy
04-12 10:59 PM
I also have the same question "Please provide information concerning your eligibility status:", what should I provide in that text box.
Please suggest.
when I check 2 yrs old EAD application my attorney had used (c)(0)(9)
Is that right or it should be (c)(9) or
it should be (c) (09)
Please help folks
I put application date as when ever I signed the form and dated it. I think its no big deal, if you attach copy of previous EAD...
Please suggest.
when I check 2 yrs old EAD application my attorney had used (c)(0)(9)
Is that right or it should be (c)(9) or
it should be (c) (09)
Please help folks
I put application date as when ever I signed the form and dated it. I think its no big deal, if you attach copy of previous EAD...
ilikekilo
09-07 07:56 AM
hey who cares, if thats the case..I will certainly not complain...
who knows something might be brewing up....4 good
who knows something might be brewing up....4 good
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