msyedy
12-14 09:26 AM
while make illegal aliens legal.. the current S.2611 says the illegal pay back taxes and go through a process like us to get citizenship.
We have overlooked the fact that they will recieve an EAD and can work for anyone anywhere and file for immigration by themselves.. So it is almost like a GC for them. S.2611 does not say about them requireing a employer to file.
We need a employer whom we should stick too to get GC. Many people give away better oppurtunities for GC and to get their spouce a GC or EAD for them to work they stick to the current company which pay very less.
This point has to be taken into consideration and we must fight and raise our voice to get this to the law makers.
We have overlooked the fact that they will recieve an EAD and can work for anyone anywhere and file for immigration by themselves.. So it is almost like a GC for them. S.2611 does not say about them requireing a employer to file.
We need a employer whom we should stick too to get GC. Many people give away better oppurtunities for GC and to get their spouce a GC or EAD for them to work they stick to the current company which pay very less.
This point has to be taken into consideration and we must fight and raise our voice to get this to the law makers.
Libra
07-05 12:50 PM
CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............
http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html
that is what CNN is doing now.........
http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html
that is what CNN is doing now.........
greencardvow
07-26 01:46 PM
Lawful entry isnt just interpreted by having the 797 approval. If you have W-2 / pay slip you are good. Also USICS can only ask for these documents since your last entry in US. So dont worry for the old W-2's. Just the ones since you last entered in US.
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
nashim
05-30 03:30 PM
Don�t worry, they will send you receipt notice within few days. I efiled on 05/19/08, receipt was generated on same day from TSC and I received on 05/23/08.
more...
amsgc
02-19 12:50 AM
Count me in.
seahawks
04-29 10:10 AM
I would like to send emails to my friends about IV and the cause IV stands for. I know a lot of people who are stuck by retrogession. Is there a standard template to invite friends to join, volunteer and contribute that we can include as a link in this website please?
vj
vj
more...
me_myself
01-18 08:18 AM
Spoke with a lawyer - he said have a letter from my company saying i was training our indian vendor and now returning back to resume work in US. Also have proof/documents that shows my US company exists and a verification letter from them.
My question is (i forgot to ask him) what sort of documents i need from my company which shows the company exists - i dont think my company will give out its Tax Returns. What other documents should i ask for?
Thanks.
My question is (i forgot to ask him) what sort of documents i need from my company which shows the company exists - i dont think my company will give out its Tax Returns. What other documents should i ask for?
Thanks.
tnite
07-26 09:50 AM
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
You will gen a RFE and while sending the RFE response make sure you write a nice letter to USCIS mentioning that the law offices screwed it up.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
You will gen a RFE and while sending the RFE response make sure you write a nice letter to USCIS mentioning that the law offices screwed it up.
more...
HRPRO
02-07 10:56 AM
Thanks for the response.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
Make the Job Description sound more generic and remove the CIS terminology as much as possible.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
Make the Job Description sound more generic and remove the CIS terminology as much as possible.
yestogc
05-07 04:49 PM
There are lot of people both ahead and behind you (of course with their own set of prayers), some get RFE's some don't. But yes as of this writing and at least for this year GC journey is going to be hard and very slow.
more...
ksg09
11-11 01:17 PM
Thanks for your help, by the time I start the business it should be around 6 months, hoping there will be no problem in near future as adviced, Im planning to go head & start the business. Once again thanks for all your support.
teachamerica07
08-14 01:14 PM
Thanks for posting updated information . Are these Received dates or Notice dates?
more...
fatjoe
08-25 11:03 PM
fatjoe,
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)
As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.
I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
varakur
08-10 07:24 PM
Hello everybody,
I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
I just got my Labor done few days back. I am in India now, but looks like I have to file I140/485 before Aug 17th. For this, MUST I fly back immediately, or can I file from India (by couriering the required documents).
How will this work for my wife (who is on H4 now)?
If I only travel back to US, can I file for my wife too. Or I file it for myself, and file for my wife after Aug17th when she is back.
Or MUST my wife also be present in US to file the I140/485?
Pls advice.
thanks,
-Prasad
more...
Kumbakonam
11-09 09:11 PM
Hello,
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
eastindia
05-03 02:39 PM
Who asked for a combined AP and EAD?
What help will it offer really?
It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?
What will we really do with a 2 in 1 document????
What help will it offer really?
It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?
What will we really do with a 2 in 1 document????
more...
chi_shark
05-07 11:14 PM
Hi Friends,
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
what? no help from 245k? isnt that supposed to be your savior for out of status under 180 days?
raoece
07-06 05:10 PM
once I-140 approved then that PD is locked for you , you can port that date with your new I-140 filing. no need to file 485 and wait for 6 months, this only for Ac-21 porting with new employer.
glus
09-28 07:31 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!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
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!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
hmehta
09-24 07:57 PM
I know this is not the original question asked, but I have heard that bad driving record surely does affect your green card processing!
lskreddy
03-12 04:34 PM
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
Would anyone know if there is a third valid case for H1 extension i.e.
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
Would anyone know if there is a third valid case for H1 extension i.e.
LC approved, I140 pending (just a month) but LC is less than 365 days old?
My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?
