masterji
08-09 12:31 AM
Read question no. 13
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
This 6-month wait period after GC is the biggest myth esp among the desi community. I have never heard or seen any problem with citizen ship of anyone who switched job within 6 months of getting GC. If you have GC, you are as good as citizen except a few more rights that come with citizenship so enjoy your independence and work on your career !!
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
This 6-month wait period after GC is the biggest myth esp among the desi community. I have never heard or seen any problem with citizen ship of anyone who switched job within 6 months of getting GC. If you have GC, you are as good as citizen except a few more rights that come with citizenship so enjoy your independence and work on your career !!
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matreen
08-15 04:36 PM
Is there a way you can get me a sample letter from employer?
My private email is mateens@hotmail.com
Thanks,
M
My private email is mateens@hotmail.com
Thanks,
M
Rajk
09-10 02:26 PM
A Google search on Yates memo returned this link http://www.shusterman.com/pdf/ac21-51205.pdf.
I was particularly interested in wage difference issue, and above memo (Section I, Question 5) is vague in this regard. It states something like "Substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is same or similar". It is not clearly defined what is "substantial discrepancy". But if you take a look at Murthy's website at http://www.murthy.com/news/n_yatmay.html, it conveys that wage difference is usually not an issue.
I was particularly interested in wage difference issue, and above memo (Section I, Question 5) is vague in this regard. It states something like "Substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is same or similar". It is not clearly defined what is "substantial discrepancy". But if you take a look at Murthy's website at http://www.murthy.com/news/n_yatmay.html, it conveys that wage difference is usually not an issue.
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bigticket
08-23 09:45 AM
By law Employer is required to pay for your labor. You cannot pay for your labor application. Employer can ask you to pay for your I140 which cost around 400 but if you go for premium processing you can pay 1000 extra. There is no other cost involved. To port your date your lawyer sends a letter to USCIS requesting them to consider your EB2 I140 instead of your Eb3 140 which results in your successfuly porting with your priority date still being maintained from old labor
I am in May 2003 EB3I boat. My employer is now trying to file my case in EB2. I have a master degree and 5 yrs experience prior to my EB3 filing in May 2003. The questions is regarding what to file and cost.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
I am in May 2003 EB3I boat. My employer is now trying to file my case in EB2. I have a master degree and 5 yrs experience prior to my EB3 filing in May 2003. The questions is regarding what to file and cost.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
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rahulpaper
07-02 03:21 PM
Total 1000+ (Medical/Photograph/Travel to Doc/Postage/affidavits/phone calls/etc).
jonty_11
12-05 02:58 PM
Not going to happen - whole point of not giving h1's their Social Security is to use to fund USs' dwindling Social Security funds. H1 is supposed to fund SS for the Baby boomers here. There is no way in hell we will get it before 10 years on H1.
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mbartosik
02-12 05:12 PM
Many states are "employment at will" states. This includes NY. You can say good bye that day and not turn up again (works both ways). Did you have leave owing and thus were simply using up paid leave before leaving him. If you did not sign a no-compete he doesn't have a leg to stand on, and even if you did no-compete contracts are often unenforceable because they go too far.
If you left without telling him and continued to draw salary that could be a problem.
If you are working for a customer that he still does business with, then speak with your managers. If you have a good relationship there the managers may put pressure on him -- like threaten to cancel his remaining contracts.
IRS explains in their FAQ what to do if you cannot get W2 (linked to earlier in this thread I think). DO NOT PAY A PENNY FOR IT! Do not accept an incorrect W2 either!
Better still go to a local IRS office and get advice. If you get a helpful IRS customer service rep, then ask to call your employer on a speaker phone with them present, imagine what IRS might do to him if they hear him on the phone attempting to blackmail you! I hear major audit coming! Or ask IRS to phone him there and then on your behalf, so they can ask for the W2 to be sent. If he dares tell them he won't send it he will find himself in a world of pain. The IRS do have a procedure, so they will likely send a demanding letter, woe is he who ignores such a letter.
Personally I would rather pick an argument with a police officer than an IRS representative. IRS has much more power put him in a world of pain than any other agency.
Customer service people are humans too, and I've found IRS customer service helpful before, be polite and they will advice they are going to hate the idea of someone being blackmailed for a W2, you might even "make their day".
If you left without telling him and continued to draw salary that could be a problem.
If you are working for a customer that he still does business with, then speak with your managers. If you have a good relationship there the managers may put pressure on him -- like threaten to cancel his remaining contracts.
IRS explains in their FAQ what to do if you cannot get W2 (linked to earlier in this thread I think). DO NOT PAY A PENNY FOR IT! Do not accept an incorrect W2 either!
Better still go to a local IRS office and get advice. If you get a helpful IRS customer service rep, then ask to call your employer on a speaker phone with them present, imagine what IRS might do to him if they hear him on the phone attempting to blackmail you! I hear major audit coming! Or ask IRS to phone him there and then on your behalf, so they can ask for the W2 to be sent. If he dares tell them he won't send it he will find himself in a world of pain. The IRS do have a procedure, so they will likely send a demanding letter, woe is he who ignores such a letter.
Personally I would rather pick an argument with a police officer than an IRS representative. IRS has much more power put him in a world of pain than any other agency.
Customer service people are humans too, and I've found IRS customer service helpful before, be polite and they will advice they are going to hate the idea of someone being blackmailed for a W2, you might even "make their day".
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chanduv23
04-14 03:55 PM
My I-140 was denied incorrectly , as a result my I-485 was denied.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.
Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
You may start looking for a job and as it is already 6 weeks past MTR filing, you may get a decision soon.
Working or not working on EAD is an ambigious call. Some lawyers say you can some say you cannot. If you already exhausted 6 years on h1b and if there is such a rule then your h1b is also considered in the same way as your EAD?
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gbof
11-03 01:44 PM
Sometime back I commented on visa bulletin predicitions (whatever predictions remain popular) and got nasty comments and too many reds. I think some people get pissed off by the prospects of VB
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waiting4gc
04-09 01:16 PM
Guys n Gals,
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
Guys.. i'm sick of this nonsense.. I mean this is ridiculous.. this is my second go around in this stupid lottery.. last year I hadn't graduated so they put me in the bachelors quota.. this year the freaking masters quota is full.. i have a genuine offer from one of the big 4 accounting firms.. and have work experience to back it up
i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..
simple non sense.. random selection .. my behind..
I really feel like sending flowers to the uscis similar to what the indian folks did last year..
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
Guys.. i'm sick of this nonsense.. I mean this is ridiculous.. this is my second go around in this stupid lottery.. last year I hadn't graduated so they put me in the bachelors quota.. this year the freaking masters quota is full.. i have a genuine offer from one of the big 4 accounting firms.. and have work experience to back it up
i'm sick of these consultant firms.. i wish I could work for the uscis and weed out these miserable cheapsters.. 6 years toiling in their education system, paying the damn taxes, and waiting for 1 smart person to come along and tell them its time to take care of these consultant companies and their consultants who get the jobs based on deceit and conmanship..
simple non sense.. random selection .. my behind..
I really feel like sending flowers to the uscis similar to what the indian folks did last year..
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desi3933
12-22 12:54 PM
I do have very different experience. I never had any issues with the indian consulate. couple of months back I have sent the papers for my daughter's PIO card. With in two weeks I got the PIO in mail.
My experience has been very good, too.
I had family emergency and needed visa to travel to India. Entry Visa (they don't issue Tourist Visa to people of Indian origin) was issued in 1 hour. The staff was very helpful.
________________
Not a legal advice.
My experience has been very good, too.
I had family emergency and needed visa to travel to India. Entry Visa (they don't issue Tourist Visa to people of Indian origin) was issued in 1 hour. The staff was very helpful.
________________
Not a legal advice.
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kumar1
07-19 02:53 PM
I have already replied to him/her.
BTW, Are you his/her agent? Your post indicates what kind of person you are.
Good Luck.
______________________________
Green Card holder since May 2002
No I am not his agent. We were expecting this information from some credible source. I did not know your wife runs and maintains a web site when she get time off from her AmWay/QuickStar business. I am referring to ---- http://www.assureconsulting.com/faqs/h1b_transfer.shtml
Thanks but in future please lead us to govt/fed web sites. Now from here onwards, I am not going to reply to your notes, you simply do not deserve it!
BTW, Are you his/her agent? Your post indicates what kind of person you are.
Good Luck.
______________________________
Green Card holder since May 2002
No I am not his agent. We were expecting this information from some credible source. I did not know your wife runs and maintains a web site when she get time off from her AmWay/QuickStar business. I am referring to ---- http://www.assureconsulting.com/faqs/h1b_transfer.shtml
Thanks but in future please lead us to govt/fed web sites. Now from here onwards, I am not going to reply to your notes, you simply do not deserve it!
more...
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dixie
11-16 05:47 PM
Non-immigrants are routinely charged a hefty premium on mortgages and loans just based on the fact that their stay in the US is limited in time - irrespective of what your credit score and other usual risk assessment metrics have to say.
Bank of America is discriminating against non-immigrants by not leting then open self directed brokrage account. It's like going in to a store and store personal telling you that I cannot sell you gallon of milk because you are non immigrant.
Bank of America is discriminating against non-immigrants by not leting then open self directed brokrage account. It's like going in to a store and store personal telling you that I cannot sell you gallon of milk because you are non immigrant.
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Green.Tech
06-27 01:58 PM
Does anyone know if polaroids are ok?
Otherwise, I have photos that I printed at Walmart (clicked using my digital camera) but those were a little dark and I enchanced the brightness. Don't know if those are valid or not?
Otherwise, I have photos that I printed at Walmart (clicked using my digital camera) but those were a little dark and I enchanced the brightness. Don't know if those are valid or not?
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BharatPremi
11-06 04:25 PM
Hi Guys -
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
If you got first LUD on AP within last month .. Just wait for some days to complete the month from the day of first LUD. If it is more than 1 month, I believe you should take infopass appointment.
I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".
There is only one LUD on AP and that was on September 21st. Nothing after that.
Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.
Many thanks in advance for your responses
If you got first LUD on AP within last month .. Just wait for some days to complete the month from the day of first LUD. If it is more than 1 month, I believe you should take infopass appointment.
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LostInGCProcess
11-02 02:33 PM
There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.
By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.
______________________
Not a legal advice.
US citizen of Indian origin
You are the best!!! You are like the last word one could rely on.
Big fan of yours!!!
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jonty_11
07-13 04:47 PM
Exactly this has been made clear by IV core taht Dream ACT is not for IV community...IGNORE IT
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H1B-GC
05-15 12:28 PM
Case Rejected because of Incorrect Fee
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
NH123,
can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.
Thanks!
--------------------------------------------------------------------------------
I am asking this question in this thread as i dont know how to start new thread.
Hi
My spouse's employer had applied for H1 this year and he got a receipt number. But the check has not been encashed. Now when I checked the status in website it says the following:
------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case Rejected because of Incorrect Fee
On April 30, 2008, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted incorrect fee. Therefore, we have rejected your case and returned it to you with all supporting materials, along with the fee. Please follow the instructions on the notice to submit the case with correct fee.
------------
Employer is yet to get the documents back. He checked his records and says there is no mistake from their side including fee...
The question here is:
1. what does case rejection means? - Is it end of it or can it be reapplied with correct fee/ other supporting docs, it at all thats the case
2. If there is no mistake from employer side in filing,and if it is a kind of adminstrative mistake from USCIS side, can it be resubmitted?
I am confused...
Appreciate your inputs
Thanks
NH123,
can you pls. open a New Thread and post your Query please. This Thread is used for a different reason.
Thanks!
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akgind
07-13 06:19 PM
Taking up the DREAM Act issue will strengthen the IV cause...by showing how legals are getting short-changed from every angle on the entire immigration issue.
It requires a very small change in the DREAM Act as contained in CIR. Just remove the clause that says it will apply to Z visa holders. In any case, Z visa no longer exists since CIR failed. But I am afraid the will replace it by some condition requiring undocumented presence. Remaining conditions apply to legals as well:
(from the failed CIR)
� Have maintained continuous physical presence in the U.S. since 1/1/07
� Was under 30 years of age on date of enactment
� Was under age 16 at time of initial entry into U.S.
� Have obtained U.S. high school diploma or GED
� Have not been absent from the U.S. for more than 365 total days during period of conditional residence (except those absent due to U.S. military service)
� Have acquired a degree from a U.S. higher ed institution; or completed 2 years in Bachelor�s degree program or higher at such an institution; or have served at least 2 years in the U.S. military
� Has provided a list of all of the secondary educational institutions he or she has attended in the U.S
Agree with you ... They say things like kids should not suffer for actions of their parents .. Why the same logic apply for legal kids.
It requires a very small change in the DREAM Act as contained in CIR. Just remove the clause that says it will apply to Z visa holders. In any case, Z visa no longer exists since CIR failed. But I am afraid the will replace it by some condition requiring undocumented presence. Remaining conditions apply to legals as well:
(from the failed CIR)
� Have maintained continuous physical presence in the U.S. since 1/1/07
� Was under 30 years of age on date of enactment
� Was under age 16 at time of initial entry into U.S.
� Have obtained U.S. high school diploma or GED
� Have not been absent from the U.S. for more than 365 total days during period of conditional residence (except those absent due to U.S. military service)
� Have acquired a degree from a U.S. higher ed institution; or completed 2 years in Bachelor�s degree program or higher at such an institution; or have served at least 2 years in the U.S. military
� Has provided a list of all of the secondary educational institutions he or she has attended in the U.S
Agree with you ... They say things like kids should not suffer for actions of their parents .. Why the same logic apply for legal kids.
glus
09-28 09:03 AM
enggr ran away. He faked his experience(which most of the people do, I think to get GC) and tried to get EB2. Good and Inteligent IO catched it and sent RFE. Ran away for life.
Your statement is is not only false, but also naive. How can you say that, "most people fake their experience?" Do you have any prove or evidence? Do you know "most" of the people. A very strange message, I have to admit.
Your statement is is not only false, but also naive. How can you say that, "most people fake their experience?" Do you have any prove or evidence? Do you know "most" of the people. A very strange message, I have to admit.
Legal
07-19 08:52 PM
OK guys, here is what I think. Being in US on a visitor visa, and then applying for an I-485 does seem like a violation of visa terms, but the other way round seem to be fine.
since B-1 visa is issued clearly on the assumption she does not have immigrant intent.
I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending.
read above
since B-1 visa is issued clearly on the assumption she does not have immigrant intent.
I mean she can apply for an I-485 first in India, and then apply for a visitor visa later while her I-485 application is pending.
read above