mhtanim
06-08 05:42 PM
I don't live in the tri-state...
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.
As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.
As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.
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gcsim
06-12 10:11 AM
Hi All,
I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.
I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.
Madhuri
06-15 12:26 AM
So is it that, if you already have approved 3 yr H1 extension after 6 yrs
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
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map_boiler
07-05 04:52 PM
If your labor cert contains language such as "...may work at one or more unanticipated locations", you should be fine with no need to re-start the GC process.
However, I would check with an attorney to be on the safe side.
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
However, I would check with an attorney to be on the safe side.
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
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uslegals
09-17 01:51 PM
Spoly - Stop crying like a baby & show up for rally and then see how ur life changes..! If u think IV does not care about immigration reform - you got another comin'..!! Wake up & smell the coffee pal.! We all are IV..!! So who is the YOU that u are referring to in ur post.!
eb2india
07-13 09:47 AM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june
This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.
This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.
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vidyakulkarni
07-13 11:24 AM
we are highly skilled people. so we should wear business suit , it will give impact.
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andhrawala
09-16 04:24 PM
Done
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arjunpa
08-18 10:32 AM
Hello
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
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kevinkris
11-21 03:37 PM
My friend did the same thing. Not h1 extention but re-instatement of AP to H1.
It's same as applying for H1 (form 129 etc) but the option you select
is different.
Part 2. Information about this petition. * (See instructions for fee information.)
Basis for Classification (Check one):
Check 2nd option:
Continuation of previously approved employment without change with the same employer.
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
It's same as applying for H1 (form 129 etc) but the option you select
is different.
Part 2. Information about this petition. * (See instructions for fee information.)
Basis for Classification (Check one):
Check 2nd option:
Continuation of previously approved employment without change with the same employer.
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
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Can45
03-03 09:46 PM
I just receive the best Christmas gift I could ever ask for?? My name check and background check is clear after 2 years.....Now I'm receive my GC so I can start traveling......All my interview was approve so now they are (order card)....Enjoy ur Holiday.......
I am trying to understand how much time i have left to wait for GC ????:confused:
How do you know you have been stuck in name check ?:eek:
I am current with my dates:
The March Visa Bulletin Priority date indicates 01 Jan 2005 (my PD date is Jan 04)
And
Nebraska Service Center Processing Dates -posted Feb 15 08- indicates a I-485 EB �processing time frame� of July 30th 07 (my Notice date is mid July 07
can it be long now ? :confused:
I am trying to understand how much time i have left to wait for GC ????:confused:
How do you know you have been stuck in name check ?:eek:
I am current with my dates:
The March Visa Bulletin Priority date indicates 01 Jan 2005 (my PD date is Jan 04)
And
Nebraska Service Center Processing Dates -posted Feb 15 08- indicates a I-485 EB �processing time frame� of July 30th 07 (my Notice date is mid July 07
can it be long now ? :confused:
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chalamurariusa
04-28 11:43 AM
I have been trying to find out about this document mailed mystery.
We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be
We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be
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hpandey
06-02 04:17 PM
can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
As Kaiserose pointed out the H1 quota is done for the year and will not open till April next year and start in Oct 2009 . Considering that you do get an H1 for your wife next year , make sure that she is working coz while applying for her I-485 they might ask for W2's and paystubs for her ( an H1 person cannot be without pay for such an extended period of time ).
Going on F1 is a good idea but I think for that you have to go back to your home country and get it stamped and come back ( can someone confirm this ?? ). This new regulation was put in place due to the security measures after 2001 . But best confirm with your lawyer.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
As Kaiserose pointed out the H1 quota is done for the year and will not open till April next year and start in Oct 2009 . Considering that you do get an H1 for your wife next year , make sure that she is working coz while applying for her I-485 they might ask for W2's and paystubs for her ( an H1 person cannot be without pay for such an extended period of time ).
Going on F1 is a good idea but I think for that you have to go back to your home country and get it stamped and come back ( can someone confirm this ?? ). This new regulation was put in place due to the security measures after 2001 . But best confirm with your lawyer.
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mpadapa
10-10 06:40 AM
H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/
augustus U'r lawyer is absolutely correct. Come on folks don't scare people..
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
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gc_chahiye
11-13 12:11 PM
after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..
i am not a lawyer
provided they find that your I-140 was "approvable" at that 180 day mark. If at that point they feel it was not (or worse try to issue an RFE to your old employer) you could be in trouble. Safest to wait for approval.
i am not a lawyer
provided they find that your I-140 was "approvable" at that 180 day mark. If at that point they feel it was not (or worse try to issue an RFE to your old employer) you could be in trouble. Safest to wait for approval.
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Leo07
02-09 10:24 AM
When the H1B is for 3 years, having you sign the contract for for 4 years is a quite stretch. I have signed such contracts before, it's usually not more than 6 months to 1 year (max). Please consult a able attorney, you are likely to have a valid case and make some money too:)
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fromnaija
11-13 01:01 PM
That, my friend, is the question! It is the risk associated with using AC21 before I-140 approval.
How do we know that I-140 is "approvable"?
How do we know that I-140 is "approvable"?
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ItIsNotFunny
06-11 12:45 PM
You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Over reaction by "reno" without checking the thread shifting was not good. But under any circumstances we should avoid using wrong words. This creates a wrong impression and indirectly hurts the organization. We have some examples in past.
I appreciate Pappu's maturity to tackle the issue and his explanation.
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
Over reaction by "reno" without checking the thread shifting was not good. But under any circumstances we should avoid using wrong words. This creates a wrong impression and indirectly hurts the organization. We have some examples in past.
I appreciate Pappu's maturity to tackle the issue and his explanation.
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BigMouth
12-11 07:43 AM
guys, do u see any issues/problems on Landing Canada while pending 485 and coming back on AP.
I have my valid H1b renewed but visa expired on my passport and my spouse has valid AP. I heard that there is a problem on US immigration process if you have Canadian PR during your 485 pending?? IS anybody gone thourgh in this situation???
I have my valid H1b renewed but visa expired on my passport and my spouse has valid AP. I heard that there is a problem on US immigration process if you have Canadian PR during your 485 pending?? IS anybody gone thourgh in this situation???
YesGC_NoGC
06-19 07:31 PM
Hi
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
dilbert_cal
04-27 12:37 PM
for_gc
PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.
But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.
PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.
But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.
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