deecha
08-03 09:59 AM
As per my understanding you can get a 3 year extension if :
a) Your I-140 has been approved
b) Your PD is not current
If your PD is current and you have filed for your AOS (i-485), then you can get only 1 year extensions of the H1B till you get your green card.
Someone, please correct me if I am wrong or if there's not enough clarity in my answers.
a) Your I-140 has been approved
b) Your PD is not current
If your PD is current and you have filed for your AOS (i-485), then you can get only 1 year extensions of the H1B till you get your green card.
Someone, please correct me if I am wrong or if there's not enough clarity in my answers.
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ivar
04-09 05:44 PM
Good luck, atleast you are in EB2
Thanks gcseeker.
I am extremely happy that i am in EB2 :D . I filled one PERM in Mar 06 that was in EB2 and i also filed one in JUN 07 that was also in EB2 and now one more in EB2. :D :D :D (moral of the story, EB2 or EB3 or EB1 doesn't matter, what matters is destiny, if you are destined to get GC you will get it else no matter how much you apply you will always be in Queue)
Thanks for your wishes, lets see how many PERMs i am going to apply before i complete my 6 years on H1b.
Thanks gcseeker.
I am extremely happy that i am in EB2 :D . I filled one PERM in Mar 06 that was in EB2 and i also filed one in JUN 07 that was also in EB2 and now one more in EB2. :D :D :D (moral of the story, EB2 or EB3 or EB1 doesn't matter, what matters is destiny, if you are destined to get GC you will get it else no matter how much you apply you will always be in Queue)
Thanks for your wishes, lets see how many PERMs i am going to apply before i complete my 6 years on H1b.
GCwaitforever
03-07 06:55 PM
Tagging members who paid so far and who has not is a start for the membership drive. Once we cover the registered members and encourage them to contribute, then we can move on to our friends and companies.
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JunRN
08-11 03:58 PM
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
You mean "AP", not "EAD" to enter into US.
You mean "AP", not "EAD" to enter into US.
more...
solaris27
10-01 09:11 AM
yes and yes
shana04
05-15 10:51 PM
For my Spouse
2. Evidence that you maintained non immigrant status
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
2. Evidence that you maintained non immigrant status
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
more...
mbartosik
04-10 09:32 PM
I posted a few days ago here
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
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priderock
09-01 01:49 PM
Got the email this morning...
EB2I
PD : 10/04
RD : 07/02/07
Beat the 10 year deadline by couple of months :)
EB2I
PD : 10/04
RD : 07/02/07
Beat the 10 year deadline by couple of months :)
more...
s_r_e_e
07-07 05:39 PM
in thw worst case, if you owe lot of taxes to IRS at the end of the year and no money was paid, you can still pay it along with the next year tax filing . Your payment will include some % penalty.
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psaxena
11-19 05:30 PM
No wonder they can do this , after loosing the case 2 times in the lower courts now they are taking the case to supreme court. Well they got the money , lawyers and dedicated paid employees to work on it fulltime, they can do all they want. Advertise on CNN and get a complete page ad on WSJ. But we have got guys who are sitting on the margins waiting for their Labor to approve to start making the donation. Well you may not last that long here in US to make the donation my friend in this case.
Also guys don't think antis have got problem with only H1B, no, they hate everyone. Don't think you got EAD so you are safe. They are going to target everyone. They are racist and hate anyone who is Indian.
They don't have the volume like us , but what to do with this huge useless volume who are good for nothing. Our members starve to death by donating a fews bucks, loves to question who tries to do anything good and most of all always keen to get there issues to be taken care off at the first place. this is a loosing battle with these type of members in the community.
Every group has started drumming up for the CIR.. its high time guys get together and shell out money from your pockets and donate IV, otherwise you will keep regretting for not doing this.
Also guys don't think antis have got problem with only H1B, no, they hate everyone. Don't think you got EAD so you are safe. They are going to target everyone. They are racist and hate anyone who is Indian.
They don't have the volume like us , but what to do with this huge useless volume who are good for nothing. Our members starve to death by donating a fews bucks, loves to question who tries to do anything good and most of all always keen to get there issues to be taken care off at the first place. this is a loosing battle with these type of members in the community.
Every group has started drumming up for the CIR.. its high time guys get together and shell out money from your pockets and donate IV, otherwise you will keep regretting for not doing this.
more...
finimits
05-03 01:01 PM
Saji007,
Thanks very much for your responses, it's been very helpful.
Thanks very much for your responses, it's been very helpful.
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wandmaker
02-23 10:53 AM
Hi
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
You are NOT on a non-immigrant visa now and you are in AOS, Hence, if you kid is born outside the US, you would not be able to bring him/her on a non-immigrant dependent visa (H4). The only option, as a layman, I see is that file 485 for your kid in the consulate once your PD becomes current or file follow-to-join once gc is approved. Others can throw light on this!
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
You are NOT on a non-immigrant visa now and you are in AOS, Hence, if you kid is born outside the US, you would not be able to bring him/her on a non-immigrant dependent visa (H4). The only option, as a layman, I see is that file 485 for your kid in the consulate once your PD becomes current or file follow-to-join once gc is approved. Others can throw light on this!
more...
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IneedAllGreen
02-04 01:02 PM
Please reply.
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rbharol
08-24 12:18 PM
Master's and higher, outside US has to be in the STEM fields to qualify.
Good. That means if you have STEM Masters and 3 years US experience then at the time SKIL comes to effect you can file 485 without waiting for PD if 140 was already approved by then. OR can file concurrently.
Good. That means if you have STEM Masters and 3 years US experience then at the time SKIL comes to effect you can file 485 without waiting for PD if 140 was already approved by then. OR can file concurrently.
more...
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coolvigo
07-15 10:45 AM
Did either of you check with your lawyer on this?
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lonedesi
01-15 04:54 PM
This happened with my wife case too. Company applied on June 1 , no update till dec ending , changed to premium processing as we have to go out of country got the approval in two days and copy in 7 days. I think its deliberate. But we are happy that we have it in hand. You cant do anything with this but rather give them extra 1000$ they want.
You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.
You happened to be lucky since you had the option of Premium Processing. But now, even if we wanted to, we cannot opt for it. I am sure, almost 90% of the members who have been waiting for months together would opt for PP (for I-140) if it is available now. I wonder why USCIS has not reinstated PP for I-140 now that they are done with the major workload(receipting,AP,EAD) due to the VB fiasco.
more...
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langagadu
08-21 08:43 PM
So you are in India now. Can you give the followjg details so that IV or other folks can conatct law makers and help you.
Upload the following scanned copies.
1)Reciept number.
2)Scan copy of the ticket.
3)Address in India
4)Univeristy name (if exist).
5)Your real name.
6)Baap ka naam and maa ka naam. Attested copy scanned.
7)Passport Copy with clear photo
we are here to help you to conatct the law makers.
Do it right now, if you can't f'ur self.
Hi ,
I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .
My visa is cancelled and I was told to go back to consulate and get a new visa .
I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .
thanks in advance.
RD
Upload the following scanned copies.
1)Reciept number.
2)Scan copy of the ticket.
3)Address in India
4)Univeristy name (if exist).
5)Your real name.
6)Baap ka naam and maa ka naam. Attested copy scanned.
7)Passport Copy with clear photo
we are here to help you to conatct the law makers.
Do it right now, if you can't f'ur self.
Hi ,
I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .
My visa is cancelled and I was told to go back to consulate and get a new visa .
I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .
thanks in advance.
RD
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gova123
07-27 05:25 PM
Hi Guys:
One of the forum member AbhijitP has a signature that I could not understand. Can anyone give me a little bit more info on his signature.
"I-140: EB-2, approved as EB-3: pending resolution
Successor in Interest I-140: Pending"
Does it mean that his I-140 is approved under EB-2 or EB-3?
So if someone has applied under EB-2, how come it is approved as EB-3
Thanks
One of the forum member AbhijitP has a signature that I could not understand. Can anyone give me a little bit more info on his signature.
"I-140: EB-2, approved as EB-3: pending resolution
Successor in Interest I-140: Pending"
Does it mean that his I-140 is approved under EB-2 or EB-3?
So if someone has applied under EB-2, how come it is approved as EB-3
Thanks
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dc2007
08-04 06:57 PM
I think lot of people here might be having similar issue, which I am having. As a consultant I have stayed at lot of addresses but my on my salary slip I try to keep the same address.
Here is the one scenario out of many:
Scenario 1:
1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.
2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.
3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.
4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140
Question 1
So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
Note: my H1 labor has NJ address only for this duration.
Scenario 2:
In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).
Question 2
Should I use NJ address only for these 2 years - 2003 and 2004 ?
Scenario 3:
Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.
Question 3
Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?
My main concern is, Is g-325 has anything to do with tax return ?
Should I make sure that my H1 labor state should match my residence address?
In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?
Thanks in advance
Here is the one scenario out of many:
Scenario 1:
1. My I-140 is cleared 2-3 days back (Thank GOD) and trying to file I-485 by myself (fed up with lawyers). Labor was of 2004 and applied 140 PP in May 2007. Got RFE but finally cleared.
2. I am on H1 and that H1 labor (which says the state where I can work) is of NJ. And hence my employer always puts NJ address as my address (my company address only) on my salary slips.
3. But I am staying in Virginia from Jan 2007 and I have VA license only. Apt. Lease is also on my name and all my bank addresses etc. are also of VA address. I mean if anybody wants to check my residency status, they will come to know easily that I am in VA.
4. Filed I-140 in May 2007 and cleared in July 2007. Used my Virginia address only while filing my I-140
Question 1
So, From Jan 2007 till July 2007, which address should I show - NJ or VA ?
Note: my H1 labor has NJ address only for this duration.
Scenario 2:
In 2003 and 2004 also, I stayed at lot of states but in my tax return I have shown only NJ address (one of my friend's).
Question 2
Should I use NJ address only for these 2 years - 2003 and 2004 ?
Scenario 3:
Between 2002 and 2003, I was in India for 10-11 months (but I was having valid H1 and was still employer of my H1 sponsoring company). And for the year 2002, I used NJ address (of my friend) in my tax return only.
Question 3
Which address should I use for 2002 in g-325a ? Should I mention India address as its a long period - 10 months ?
My main concern is, Is g-325 has anything to do with tax return ?
Should I make sure that my H1 labor state should match my residence address?
In general, should I put addresses as per my previous tax return or should I put the actual addresses where I have resided ?
Thanks in advance
Bpositive
01-14 10:11 PM
Appreciate responses...
actaccord
02-11 06:25 AM
you don't break any law when recording conversations. Check the law on both states (if you are currently in different state than the other party you are calling) as most state don't allow recording of phone conversation without other party permission.
key note....Document and have everything in writing/email/recording...
key note....Document and have everything in writing/email/recording...
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