vinkapoor
10-24 04:29 PM
The online status of my EAD application indicated that EAD card was ordered and then approved back on October 01, 2007. I have still not received card in my mail. Anyone in same situation?
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aandrew_19
07-26 07:21 PM
Guys�
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California)
b) If I will be getting less salary than what�s mentioned on my PERM
Thanks much,
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California)
b) If I will be getting less salary than what�s mentioned on my PERM
Thanks much,
what_now
06-08 02:01 PM
did you get a finger print notice? as far as I know they wont send FP notice for paper filing..but just want to confirm.
notice....
notice....
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legal_la
07-12 12:11 PM
I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.
more...
partha_vus
06-15 10:31 PM
Hi Gurus,
I am filing 485 soon. But l have ported my priority date to latest I140. I am filing 485 based on the latest 140. My priority date is Jan 2001. I am filing my 485 will now, will uscis consider my priority date and process my case OR filing date which is june 20, 2007 and process accordingly. i.e some body filed on May 30, 2007 with PD Jun 2003 will consider for processing first? rather than my case?
thanks,
:confused:
I am filing 485 soon. But l have ported my priority date to latest I140. I am filing 485 based on the latest 140. My priority date is Jan 2001. I am filing my 485 will now, will uscis consider my priority date and process my case OR filing date which is june 20, 2007 and process accordingly. i.e some body filed on May 30, 2007 with PD Jun 2003 will consider for processing first? rather than my case?
thanks,
:confused:
STAmisha
11-14 02:32 PM
Lawyer told me that I cannot contest. They screwed it up some thing
more...
gconmymind
03-25 03:18 PM
Is this true?
http://www..com/discussion-forums/i485-1/86900247/
That seems to be correct. STRIVE had similar provisions when it was introduced last time. HOWEVER, is STRIVE being discussed currently by Congress? Do you have a link to that?
http://www..com/discussion-forums/i485-1/86900247/
That seems to be correct. STRIVE had similar provisions when it was introduced last time. HOWEVER, is STRIVE being discussed currently by Congress? Do you have a link to that?
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mbartosik
09-12 07:34 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
more...
twingy
10-04 03:51 AM
Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?
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rajeshalex
11-27 04:56 PM
U can get the tracking nummber /case number from the lawyer . But you can not get any details from USCIS since 140 is owned by company.
However if the company has received a140 receipt then the receipt will have
the beneficiary name
If u are the beneficiary then u can take an infopass with uscis and get the information from the case number
Rajesh
However if the company has received a140 receipt then the receipt will have
the beneficiary name
If u are the beneficiary then u can take an infopass with uscis and get the information from the case number
Rajesh
more...
485Mbe4001
05-17 11:13 PM
Thanks i had asked my company lawyers refile under perm for me.Their reply was that you are better off with your current PD (sometime 2002), if the bill passes then we can reasses your situation. I have the US masters and all the blah...blah..so i was wondering if i should go with some other lawyer.
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greyhair
02-01 07:57 PM
This will give you a give idea about where things are going -
U.S. National Debt Clock : Real Time (http://www.usdebtclock.org/)
You could use these stats as guiding matrics when making investment decision.
U.S. National Debt Clock : Real Time (http://www.usdebtclock.org/)
You could use these stats as guiding matrics when making investment decision.
more...
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ramus
07-05 10:44 PM
I am not sure who started this flower idea, who ever it is- I am not sure if this idea will even work.. But if you think it will work then work hard on getting media's attention.... I am not sure if flower will even go through security..
Let me know if you get any reporter who will cover this story...
Let me know if you get any reporter who will cover this story...
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kumar1
10-06 01:15 PM
USCIS has always been unpredictable. Stupid USCIS approved Mohammed Atta's VISA extension after he shoved the whole airplane in World Trade Tower. So all of us know, what USCIS is capable of doing. I would go to an extent that you can even remain unemployed after 180 days of I-485. You do not even have the burden to be employed all the time.
Once again....I am talking about what law says.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
Once again....I am talking about what law says.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
more...
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SmileyFace
03-18 11:08 PM
Hi guys,
My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.
To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.
So,
I am going to apply for a tax filing extension (which gives me 6 mths)
Simultaneously, I am going to apply for her EAD
Hopefully EAD takes 4 mths
Then I will apply for SSN
and then file our taxes with both our SSNs
hopefully, we get our economic stimulus after that.
Does this sound reasonable? or is there any other way I can do this?
Thanks.
Good luck to everybody.
My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.
To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.
So,
I am going to apply for a tax filing extension (which gives me 6 mths)
Simultaneously, I am going to apply for her EAD
Hopefully EAD takes 4 mths
Then I will apply for SSN
and then file our taxes with both our SSNs
hopefully, we get our economic stimulus after that.
Does this sound reasonable? or is there any other way I can do this?
Thanks.
Good luck to everybody.
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nozerd
02-24 12:20 PM
pitha,
they dont need tuition waiver. they pay in state anyway. Only drawback is they cant get on campus job and cant get OPT.
Advantage is they can go part time and take less coursework (dont have to take min 9 credit hrs). They can even take a semester off without worrying about status.
they dont need tuition waiver. they pay in state anyway. Only drawback is they cant get on campus job and cant get OPT.
Advantage is they can go part time and take less coursework (dont have to take min 9 credit hrs). They can even take a semester off without worrying about status.
more...
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gc28262
01-16 03:29 PM
Lofgreen's office entertains calls from her constituents only. This is my experience when I tried to call her office last year.
Please correct me if I am wrong.
Please correct me if I am wrong.
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GCNaseeb
11-14 11:18 PM
I just wanted to check up with local USCIS office, if they have any other options besides re-applying. When we informed USCIS they sent us the letter that the typo was attached to my case. But EAD and AP were already ordered. I am going to carry the USCIS letter and my original EAD and AP. I will have some definite direction what to do next - whether to return it or start using it.
I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.
My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.
I won't be working beyond january with the same employer. Hence I don't want to give away my EAD at this time. USCIS may take another 6 months to adjudicate if I re-apply; and I don't want to bank completely on my H1-B at this time, hence infopass. I am going to ask the officer that, if I can still use the EAD without re-applying, since typo correction is already attached to my case, anyway.
My Last name was mispelt on the 485/131/765 notices.I called USCIS and the took a note of the correct names and told that they will correct them when the officer gets my file.The names were mispelt on the EAD card as well.I was asked by the USCIS to return the card and send another application along with the card asking for the correction.
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DyersEve
10-03 02:17 AM
Awesome, it worked great....god this forum is great. w00t :)
sounakc
07-29 01:09 PM
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designserve
03-02 06:20 PM
I have heard atleast 12-13 companies in this area have ICE audits...that may happen to any company in the near term.Let us safely assume to caution new consultants to skip this year's H1B
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