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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kosu
09-15 09:18 PM
After seeing your post I checked mine. On my 485 Receipt notice the section says: Adjustment as direct beneficiary of immigrant petition.
srgadi
07-20 08:02 PM
Hi All,
Is having paystubs absolutely essential or will w2's suffice ?
As far as I know paystubs are not part of the required documents for AOS, tax returns are.
Is having paystubs absolutely essential or will w2's suffice ?
As far as I know paystubs are not part of the required documents for AOS, tax returns are.
2011 Juicy Couture The Company
sanju_dba
09-30 10:50 AM
Unfortunately NO. you cannot declare anything while leaving India.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
Thats what we did when comming back to US in 2007 . but couldnot resist on few and bought along. Now those few are the one i am concerned about travelling back and forth!
Last time when i went to India took 10coins and had to feed the customs Rs.10K. Not sure if it was still a good math compared to pay cash and buy gold in India instead of travelling with coins.
My question is; Why do you really want to bring your jwellery here? Why not keep in some safety locker (bank) in India. Is it attractive to walk around with huge gold chains/bangles in the US? Also we have been hearing about burglaries in Indian households becuause of easy access to gold.
Buy gold and keep it in locker in India. Come here with some "duplicate gold" and live free.:D:D:D
Thats what we did when comming back to US in 2007 . but couldnot resist on few and bought along. Now those few are the one i am concerned about travelling back and forth!
Last time when i went to India took 10coins and had to feed the customs Rs.10K. Not sure if it was still a good math compared to pay cash and buy gold in India instead of travelling with coins.
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centaur
07-28 04:18 PM
:)
One more expert...:D
One more expert...:D
sam_hoosier
02-12 03:12 PM
(IZZAT KI SAWAL) ... It is IZZAT KA SAWAL.
I am lazy and may be more lazy then anyone. Good to hear from a new enthusiastic person.
Your enthu will go away soon.
What is the point of your post ? :)
I am lazy and may be more lazy then anyone. Good to hear from a new enthusiastic person.
Your enthu will go away soon.
What is the point of your post ? :)
more...
krishna_brc
09-08 11:29 AM
Ban is limited to Govt projects only which hardly is 5% of total outsourcing.
Thanks,
Krishna
Thanks,
Krishna
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buehler
07-27 09:11 AM
Good idea. I would suggest that you also add uscis.gov to your search. It doesn't seem to be showing any pages from that site
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pamposh
10-26 08:36 AM
Can someone give the website where I can check the case status? thanks.
here u go..
https://egov.uscis.gov/cris/jsps/login.jsp;jsessionid=acbuRQ5kXPn7BeAyQyCxr
here u go..
https://egov.uscis.gov/cris/jsps/login.jsp;jsessionid=acbuRQ5kXPn7BeAyQyCxr
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good idea
06-02 09:53 AM
Interview Date: Friday May 6, 2011
My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
Visa Officer: A Lady
Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
Current status: last correspondence via email was on May 13th, no response as of yet.
Am I experiencing this because of my employment model? Any comments from anyone?
Did anyone else have similar experience? Anyone from Southeast Asia?
-Yes, this is because of E/V/C model. I have never come across such case (221g) if someone works at employer location, except one, that guy's passport had some issue, and his case got sort out with in a week, in-fact, he did not get 221g. I have not come across case with E/C model too.
-I know at least 7 guys with E/V/C model waiting in India because they got 221g, and still waiting for decision.
My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
Visa Officer: A Lady
Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
Current status: last correspondence via email was on May 13th, no response as of yet.
Am I experiencing this because of my employment model? Any comments from anyone?
Did anyone else have similar experience? Anyone from Southeast Asia?
-Yes, this is because of E/V/C model. I have never come across such case (221g) if someone works at employer location, except one, that guy's passport had some issue, and his case got sort out with in a week, in-fact, he did not get 221g. I have not come across case with E/C model too.
-I know at least 7 guys with E/V/C model waiting in India because they got 221g, and still waiting for decision.
more...
ajay
03-14 09:30 PM
Dear members,
If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.
We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.
Please note the fax number
Fax : (202) 403-3853
or email the scanned copy to info at immigrationvoice.org
Time is short and we need letters in the next couple of days if possible.
I also just emailed.
thanks.
If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.
We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.
Please note the fax number
Fax : (202) 403-3853
or email the scanned copy to info at immigrationvoice.org
Time is short and we need letters in the next couple of days if possible.
I also just emailed.
thanks.
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EB-VoiceImmigration
02-24 08:50 PM
Moving to the Faster Lane : Changing EB3 to EB2
We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.
EB3 Cannot Simply be Changed to EB2
Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.
New EB2 Case Filing Based on Minimum Job Requirements
It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.
New EB2 Filing Permissible with Job Change
It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.
Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.
EB2 Filing can be with Existing or New Employer
As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.
It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.
Transfer of Earlier Priority Date to New Case Filing
The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.
There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.
Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?
Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.
A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.
At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.
Conclusion
At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.
Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved
We at the Murthy Law Firm receive many inquiries as to whether it is possible for an individual with an employment-based, third preference (EB3) case to change to the employment-based, second preference (EB2) category. As explained in this article, it is possible for many some people to make this transition. When combined with the potential to retain the priority date from the earlier employment-based (EB) case, this can be a powerful tool for qualified individuals to obtain permanent residence, or the "green card," much earlier.
EB3 Cannot Simply be Changed to EB2
Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, "No." The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.
New EB2 Case Filing Based on Minimum Job Requirements
It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one's own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.
New EB2 Filing Permissible with Job Change
It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.
Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.
EB2 Filing can be with Existing or New Employer
As explained above, in order to move from EB3 to EB2 it is necessary to start over with an entirely new labor certification. This often is filed through a new employer, when an individual has moved to a different job.
It potentially could be filed through the same employer that filed the EB3 labor certification. This could be appropriate if one obtained a promotion or otherwise moved into an EB2 job. If filing through the same employer, the employee ideally should have completed the minimum years of work experience for the EB2 position before starting work with the current employer. This is because there are legal issues and potential restrictions when relying on the experience gained with the same employer to qualify for the new job. These issues should be analyzed and discussed with an attorney experienced and knowledgeable immigration law.
Transfer of Earlier Priority Date to New Case Filing
The greatest benefit to utilizing the strategy of re-filing comes in the potential to retain the priority date from the EB3 case. This option exists if the EB3 I-140 petition has been approved. If so, then it is possible to request retention of this priority date in the later-filed EB2 case. This means that it potentially is possible to transfer the earlier EB3 priority date to the later-filed EB2 case with a new or the same employer. In many cases, this means that the individual could have a current or closer-to-current priority date, thus saving many years of waiting to become eligible for permanent residence.
There are some issues with respect to retention of the priority date if the I-140 has been revoked. Generally, however, it is the policy of the USCIS to allow the retention and transfer of the earlier priority date if the I-140 petition has not been revoked by the USCIS for fraud or misrepresentation.
Is Earlier EB3 Filing Made Vulnerable by Filing New EB2?
Most people inquiring about this option are concerned about any potential risks to their current EB3 cases. There are some procedural options with respect to the final step in the re-filed cases. However, it is possible to process the new case without risk of disruption to the EB3 case. This assumes that all information provided in the course of the prior filing was accurate.
A new labor certification filing, even if not approved, would not disrupt a prior approval. The same holds true for an I-140 filing. Conversely, approvals of the labor certification and I-140 do not disrupt or displace existing approvals. It is possible to have multiple approvals of labor certifications and I-140s for the same individual. Even when the request to retain the earlier priority date from the EB3 case is granted, the prior EB3 case remains undisturbed. There is nothing transferred or taken away from the EB3 case in the process of requesting that the EB2 case be assigned the same priority date.
At the final stage, there are options as to how to complete the case. The pros and cons should be discussed with a qualified immigration attorney. It is possible to proceed with the cases essentially in parallel, allowing for two cases and two potential avenues for eventual approval of permanent residence. The best way to proceed depends upon one's situation and, ideally, should be analyzed to consider the risks and options. What is helpful to most people, however, is that they do not have to risk their current EB3 cases to try to move to EB2.
Conclusion
At the Murthy Law Firm, we have successfully utilized the strategy discussed in this article for many of our clients by filing for each a new EB2 case with the same or a new employer. While it requires starting over with a new labor certification, for many it offers a significant advantage in terms of timing when the earlier priority date can be retained. MurthyDotCom and MurthyBulletin readers who wish to explore this option further should contact the Murthy Law Firm to help them with this process or for a consultation to determine whether it is appropriate for them.
Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved
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prmetta
11-23 04:05 PM
I need to transfer money every month to my mother in india as a monthly automated transaction. ..she has a account in Canara bank ..what is the easiest rather cheapest rather free way to send from the US..
any help is appreciated..
thanks
:)
Easy method on a automated basis is ICICI.
https://m2inet.icicibank.co.in/m2iNet/m2iNetLoginForm.jsp If you register through this you can set the Recurring Transactions. From the bank you set in there will go without interruption on a timely manner. My mortgages in India will go the same way.
any help is appreciated..
thanks
:)
Easy method on a automated basis is ICICI.
https://m2inet.icicibank.co.in/m2iNet/m2iNetLoginForm.jsp If you register through this you can set the Recurring Transactions. From the bank you set in there will go without interruption on a timely manner. My mortgages in India will go the same way.
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WeShallOvercome
07-30 03:28 PM
Do you get the FP notice by email or snail mail?
snail mail
snail mail
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bookmarkmaster
08-27 06:59 AM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
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paragpujara
10-25 04:37 PM
Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.
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ita
01-16 01:38 PM
I was trying to find out if it is possible to switch from H1-EAD-H1 all the while staying in the country.
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
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paskal
07-24 02:04 AM
Thanks Fromnaija!
Good info :)
Good info :)
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indianindian2006
06-22 06:53 PM
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Good one......:D
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Good one......:D
STAmisha
11-15 01:06 AM
I head that Backlog centers is allowing people to convert their applications from TR to RIR. Can I know whats the process. I can ask my lawyer to do that
Sakthisagar
10-20 12:01 PM
Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.
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