CRAZYMONK
01-11 02:29 PM
I sent you a private message. Pls check
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mpadapa
10-09 12:56 PM
Please provide additional details regarding U'r labor like EB1/2/3
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..
Pleaseprovide appropriate titles when U create a thread...
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
drona
08-31 12:47 AM
Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!
2011 2011 Honda CR-Z MUGEN:
garybanz
06-02 04:21 PM
Thats a really bad idea!!
Tell the new employer that you need H1 to work for them, if they don't want to do it then find another job or stick to your current job.
It sucks but that's the law.
Regards.
Tell the new employer that you need H1 to work for them, if they don't want to do it then find another job or stick to your current job.
It sucks but that's the law.
Regards.
more...
needhelp!
08-31 01:45 AM
Registering a new country? I hope you are not kidding, needhelp!:)
Regards,
IK
With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.
Regards,
IK
With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.
raysaikat
01-06 03:33 PM
Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
more...
joydiptac
09-30 05:33 PM
AILA Leadership Has Just Posted the Following:
Dear Director Mayorkas:
Last week in a speech you ...
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
What is AILA complaining about?
The fee increase? really??:D
or Increased business that they are getting because of RFEs or that USCIS has become efficient and has pre-adjudicated most of the waiting applications by interviewing, RFEs and actual site visits.
Oops! Did I just say that. My bad! Sorry! I should probably have said "Naughty USCIS!!!" USCIS is closing files that AILA wants to remain open forevverr so that the juice keeps flowing.:D
AILA - consider rephrasing your statements these are too transparent. And ... Speak for yourself.
READ THIS:
We the immigrants (customers of USCIS) are perfectly fine with RFEs and interviews and site visits as long as it leads to PRE-ADJUDICATION and green card. Most of us don't even mind paying extra to end this wait. If AILA is really concerned about us please try to do something in that direction so that we can get relief by recapture or thru new legislation or admin fixes.
Dear Director Mayorkas:
Last week in a speech you ...
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
What is AILA complaining about?
The fee increase? really??:D
or Increased business that they are getting because of RFEs or that USCIS has become efficient and has pre-adjudicated most of the waiting applications by interviewing, RFEs and actual site visits.
Oops! Did I just say that. My bad! Sorry! I should probably have said "Naughty USCIS!!!" USCIS is closing files that AILA wants to remain open forevverr so that the juice keeps flowing.:D
AILA - consider rephrasing your statements these are too transparent. And ... Speak for yourself.
READ THIS:
We the immigrants (customers of USCIS) are perfectly fine with RFEs and interviews and site visits as long as it leads to PRE-ADJUDICATION and green card. Most of us don't even mind paying extra to end this wait. If AILA is really concerned about us please try to do something in that direction so that we can get relief by recapture or thru new legislation or admin fixes.
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whoever
01-31 02:46 PM
how can one get copy of i140? does it not belong to the company?
more...
digmetalq
04-23 03:04 AM
The damage is already done, so now why would they care about any immigration laws, legal or illegal, I pray everyday, for that one day all the xenophobics jumping the fence, because the way I see it no ILLEGAL drugs will be available unles you live in Detroit , the supply and demand will cause them to start a new visa program, which the xenophobics will support overwhelmingly.
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priti8888
10-02 12:30 PM
--------------------------------------------------------------------------
In June/July 2007 they allocated visa numbers to various applications based on RD.
Say Mr A with a PD of 2004 applied for 485 on July 23.
But Mr B with a PD of 2005 applied for 485 in 2005 or anytime before July 2007.
Mr B may be assigned a visa number and you will see his aproval anytime from July-Oct 2007. Since he already applied 485 , his name check, FP, etc is clear and case is pre-adjudicated.
Therefore, inspite of the fact that Mr B 's PF is not current, you will still see approvals in August, sept, oct.
In June/July 2007 they allocated visa numbers to various applications based on RD.
Say Mr A with a PD of 2004 applied for 485 on July 23.
But Mr B with a PD of 2005 applied for 485 in 2005 or anytime before July 2007.
Mr B may be assigned a visa number and you will see his aproval anytime from July-Oct 2007. Since he already applied 485 , his name check, FP, etc is clear and case is pre-adjudicated.
Therefore, inspite of the fact that Mr B 's PF is not current, you will still see approvals in August, sept, oct.
more...
diptam
07-17 12:09 AM
I mean i filed without both of those. Theyare required in the 140 phase , not in 485.
But keep them handy - in case they wants mail by next day air
Hi,
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
But keep them handy - in case they wants mail by next day air
Hi,
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
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lazycis
05-07 01:29 PM
Forget to mention that you can port to self-employment :)
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skagitswimmer
June 6th, 2005, 08:35 AM
Would the 20D or D1MkII have greater tolerances i.e. wider range algorithms in the camera?
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mrdelhiite
07-12 08:25 AM
You can start by making small money contributions to IV. also please tell all your friends to do the same. thanks
-M
-M
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pictures Honda CR-Z Mugen
raj1998
04-13 12:49 PM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
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India_USA
10-05 10:46 AM
my wife doesnt have EAD or H4. she has AP only which expires in mar 2011 and so does AP stamp on her i94.
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
more...
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thescadaman
03-24 12:53 PM
Nice interview. Thanks Mark! I enjoyed your responses. You were well prepared with facts to support your points.
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pablo8000
04-15 01:58 AM
Hello,
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
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sobers
06-02 10:40 AM
you're absolutely right jkays94. FAIR, NumbersUSA (mentioned above) and CIS.org are all part of the John Tanton Network. (he also founded US English and other population-control organizations). The SPLC did a feature story on him some time ago. I posted the link to that in one of my earlier posts.
javadeveloper
12-02 01:29 PM
Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).
My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.
One of my friends is a client of Murthy , as per my friend 1 year extensions are possible after 6 years.I am not sure how far this is true.Better to check with some attorney.Let us know if you have some info
My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.
One of my friends is a client of Murthy , as per my friend 1 year extensions are possible after 6 years.I am not sure how far this is true.Better to check with some attorney.Let us know if you have some info
maine_gc
04-20 03:30 PM
Thankk You Sunny1000. This is very helpful information. I will go to the nearest international airport and get it corrected. Thank you all for your advice. I will post here when i resolved the issue
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