krustycat
03-11 09:12 AM
Anyone Know How To Start New Thread?
Use New Thread button
http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.
How does USCIS know about salary ?
They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.
485 non-concurrent check list:
1. copy of all of the pages of the Passport (valid for 6 months or longer);
2. Copy of recent I-94, Arrival/Departure Record, front and back side;
3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
4. Copy of I-20 (s), student visa, if applicable;
5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
9. Medical Examination including immunizations in a sealed envelope;
10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
11. Marriage Certificate (original language and translated if language is different than english), if applicable;
12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
13. Photographs (4) from each applicant
IRS also send the w2 information to USCIS? No.
whats the criteria of judging the salary? Is it w-2 or pay stub ?
Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.
Use New Thread button
http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.
How does USCIS know about salary ?
They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.
485 non-concurrent check list:
1. copy of all of the pages of the Passport (valid for 6 months or longer);
2. Copy of recent I-94, Arrival/Departure Record, front and back side;
3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
4. Copy of I-20 (s), student visa, if applicable;
5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
9. Medical Examination including immunizations in a sealed envelope;
10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
11. Marriage Certificate (original language and translated if language is different than english), if applicable;
12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
13. Photographs (4) from each applicant
IRS also send the w2 information to USCIS? No.
whats the criteria of judging the salary? Is it w-2 or pay stub ?
Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.
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tnite
08-06 04:06 PM
bump
chi_shark
02-18 12:34 PM
Yes, I worked during that time using EAD as I dont have H1b. My Lawyer said I can work as EAD was not revoked. I work for myself (self employment) through my own company.
Again I didn't get refund of MTR money... that is good news if we get our $585 fee back..
Hello bkn96! congratulations!
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
Again I didn't get refund of MTR money... that is good news if we get our $585 fee back..
Hello bkn96! congratulations!
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
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Sakthisagar
10-27 12:20 PM
shiv sena is an extreme outfit and their actions should be condemned, its not a right or left issue,
Great to know, this is a revelation so you need to get more info about Fox TV, how right they are here more than this senas..
So along with Fox TV what help you are planning for all of our immigration problems?
Great to know, this is a revelation so you need to get more info about Fox TV, how right they are here more than this senas..
So along with Fox TV what help you are planning for all of our immigration problems?
more...
belmontboy
06-20 08:30 PM
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
Joey Foley
May 17th, 2005, 06:55 AM
There are several spots in the Indy area where you can get such a perspective. One with easy access is high atop Crown Hill cemetary (i.e., the James Whitcomb Riley hilltop gravesite). Sunrise or sunset would be your best bet unless you hit on a really crystal-clear day with no midday haze. You might find something close to what you are after around 16th and Georgetown road, too ;)
Awesome idea!
Anymore idea anyone while I'm out and about on my day off?;)
Awesome idea!
Anymore idea anyone while I'm out and about on my day off?;)
more...
eilsoe
10-03 02:03 PM
hehe, I hear ya! :P
Have fun... :evil:
Have fun... :evil:
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abhijitp
12-31 04:12 PM
Happy 2nd Anniversary IV!
Finding you (and NOT being able to apply for I-485) was my biggest achievement in 2007!
On this day... let us all pledge to working so hard that "retrogression" is history before IV turns 3!
Finding you (and NOT being able to apply for I-485) was my biggest achievement in 2007!
On this day... let us all pledge to working so hard that "retrogression" is history before IV turns 3!
more...
Munna Bhai
02-08 11:32 AM
Hello,
My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.
I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.
If I-140 is not revoked:
a)One can extend H1b through any company for 3-years.
b)One can get PD ported.
If I-140 is revoked:
a)It is a grey area but commen-sense says that one is out-of-status.
How to protect I-140 being revoked:
a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
b)Give some valid reason to current employer until your I-140 from other company is approved.
Or any other thoughts???
My thread had wrong title and that created more problem, hope this title makes sense and please feel free to share your experience.
I know the following, I worked very hard for the current company and they pay me the way they pay any immigrant. Atlast got my I-140 approved and now I would like to go ahead with available options and at any cost I will protect I-140 from being revoked.
If I-140 is not revoked:
a)One can extend H1b through any company for 3-years.
b)One can get PD ported.
If I-140 is revoked:
a)It is a grey area but commen-sense says that one is out-of-status.
How to protect I-140 being revoked:
a)Transfer the case to your own attorney?? See that employer or employer's attorney has not much say on your case file??
b)Give some valid reason to current employer until your I-140 from other company is approved.
Or any other thoughts???
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fcres
07-12 04:43 PM
I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.
This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.
This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.
more...
seahawks
04-28 11:52 AM
See the whole thing here : http://www.washingtonpost.com/wp-dyn/content/article/2006/01/02/AR2006010201376.html
My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are
1) Present Legally.
2) Entered LEgally.
3) Work legally.
4) Pay their income taxes.
5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
6) Play by the rules, file petitions for work permits and for permenant residency.
Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.
I once again urge you all to channel your energy to immigrationvoice.org This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now. [/QUOTE]
I totally agree we need participation more than anything else and spread the word. I have been sending feelers to friends who somehow don't get it. They pay attention when I talk to them, but then there is no action. Its a shame, but kudos to all of you guys. As for me, I have lined up to meet up with assistants, office staff for law makers from my district and offices from Senators of Washington state. I am working on the logistics to provide my inputs on Retrogression and IV. So far I have heard both of them support immigration reform. I am requesting to meet with them in person, but me and my wife needs to meet with office staff first. Next week will keep you guys posted more.
My regtrogression brothers and sisters.....IF WE WANT TO END RETROGRESSION and end the H1B blackout WE HAVE GOT TO SEPARATE OURSELVES FROM THE ILLEGAL KIND and point out the congress and the general populace that there is another kind of immigration which is called ***TADA*** LEGAL IMMIGRATION. Its involves a process of granting permenant residence and citizenship to folks who are
1) Present Legally.
2) Entered LEgally.
3) Work legally.
4) Pay their income taxes.
5) Pay their social security and medicare taxes even when there is no guarantee of the benefits of either until they actually become citizens.
6) Play by the rules, file petitions for work permits and for permenant residency.
Our goal is not the hurt or help the cause of illegals but to make sure that we dont get punished due to wrath against them. After all, we played by the rules and we wait in line by the rules. We dont need amnesty. We need fair deal.
I once again urge you all to channel your energy to immigrationvoice.org This is a non-profit established with goal of ending retrogression using the next immigration bill as a vehicle. Its folks like you and me Losing sleep over retrogression. People like us wondering "What wrong did I do to deserve another 5-6 years of H1B extensions". I am not asking you to put money upfront. It does not cost anything to enroll or join or volunteer. But pooling ideas is invaluable. Stop sulking. Act now. [/QUOTE]
I totally agree we need participation more than anything else and spread the word. I have been sending feelers to friends who somehow don't get it. They pay attention when I talk to them, but then there is no action. Its a shame, but kudos to all of you guys. As for me, I have lined up to meet up with assistants, office staff for law makers from my district and offices from Senators of Washington state. I am working on the logistics to provide my inputs on Retrogression and IV. So far I have heard both of them support immigration reform. I am requesting to meet with them in person, but me and my wife needs to meet with office staff first. Next week will keep you guys posted more.
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lunar
03-31 03:06 PM
Never Mind. Congratulations !!!
more...
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kumar1
07-11 12:02 PM
Well, I disagree - I am sure they have certain number of work force dedicated to work on I-485 cases. They will not accept any I-485 till October....so tell me one more time what are they going to do till October?
I agree with rest of your points about family based AP, EAD etc.
I agree with rest of your points about family based AP, EAD etc.
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javadeveloper
07-18 10:08 PM
found this one too
http://candleforlove.com/forums/index.php?showtopic=14653
http://candleforlove.com/forums/index.php?showtopic=14653
more...
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Oasis52
05-16 08:37 AM
Hi
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
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GlobalCitizen
07-27 10:31 AM
Thank you every one for your help. I have decided to apply!
more...
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arunmohan
11-15 12:20 AM
My designation with current job is software engineer and i am getting an offer with designation DBA.does it fall in same or similar catagory.I am switching job using AC21 rule . gurus help
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JSimmivoice
01-22 11:11 PM
Has anyone of you heard about Nunc Pro Tunc H1B? Will that help in my current situation with a valid and approved LCA?
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conundrum
05-25 09:32 AM
Finally made the call to Kennedy's office. :)
rajnag21
07-20 07:28 PM
Hi All,
Is having paystubs absolutely essential or will w2's suffice ?
Is having paystubs absolutely essential or will w2's suffice ?
shahuja
02-05 04:06 PM
hello all,
i will really really appreciate your posts..
its been 23rd day..H1B renewal..New Delhi..still waiting for PP..i got no slip ..no warning to wait ..nothing..
But now i think its not stuck due to PIMS..it could be anything ?? some admin processing ? some security check ? some name check ??
How do we differentiate what are our passports held up for..COULD THIS BE CALLED 221(g)..i read in forums..221g can take forever ??
-Shahuja
i will really really appreciate your posts..
its been 23rd day..H1B renewal..New Delhi..still waiting for PP..i got no slip ..no warning to wait ..nothing..
But now i think its not stuck due to PIMS..it could be anything ?? some admin processing ? some security check ? some name check ??
How do we differentiate what are our passports held up for..COULD THIS BE CALLED 221(g)..i read in forums..221g can take forever ??
-Shahuja
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