ivar
04-09 05:44 PM
Good luck, atleast you are in EB2
Thanks gcseeker.
I am extremely happy that i am in EB2 :D . I filled one PERM in Mar 06 that was in EB2 and i also filed one in JUN 07 that was also in EB2 and now one more in EB2. :D :D :D (moral of the story, EB2 or EB3 or EB1 doesn't matter, what matters is destiny, if you are destined to get GC you will get it else no matter how much you apply you will always be in Queue)
Thanks for your wishes, lets see how many PERMs i am going to apply before i complete my 6 years on H1b.
Thanks gcseeker.
I am extremely happy that i am in EB2 :D . I filled one PERM in Mar 06 that was in EB2 and i also filed one in JUN 07 that was also in EB2 and now one more in EB2. :D :D :D (moral of the story, EB2 or EB3 or EB1 doesn't matter, what matters is destiny, if you are destined to get GC you will get it else no matter how much you apply you will always be in Queue)
Thanks for your wishes, lets see how many PERMs i am going to apply before i complete my 6 years on H1b.
talash
10-16 08:28 PM
As for as i know they are very strict about MTR timings but if u can prove that u didnt get notice on time it may work .MTR is 580 bucks so it wouldnt hurt if u give a shot .I think if u file new labour u may loose ur old PD but im not sure about that .My 140 was denaied on A2p basis .didnt get denail notice till i mad 4 calls and asked attorney to write then but was abl to file MTR on 28th day which was sucessfull .
good luck
good luck
indianabacklog
08-06 08:22 AM
oh sorry it was approved on october 2003 not 2002.
In which case you had until October 2004 to apply for permanent residency. i.e. one year from approval of the I140.
In which case you had until October 2004 to apply for permanent residency. i.e. one year from approval of the I140.
fatjoe
10-24 02:22 PM
I told yaaa. I am also hoping... I filed for EAD and AP on Aug 10. Guess, you should get it in a week. Congrats!!!
more...
Roger Binny
10-28 04:54 PM
Please check another attorney forums, i remember there was a news flash in which they agreed the degree substitution like yours.
MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
more...
jasmin45
08-06 12:18 PM
Has USCIS started premium processing of I-140 again ?
Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.
Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.
samcam
05-19 01:42 PM
Welcome to our newest member, NBA
more...
ssterian01
07-07 11:15 AM
Hi prem_goel, I checked with two lawyers and they both said it is no problem al all to add my wife from F1 to I485 (AOS) when my PD becomes current.
The F1 will provide her legal stay in US and maitain her in status until my PD become current.
There is a lot of info on the internet about this, here is one link that looks relevant
Converting H4 to F1 and then adding to I-485 - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1081076091)
About I485 denial, what chances are for this to happen? Does anyone kknow how likely is that your 485 gets denied? I heard is not very likely.
The F1 will provide her legal stay in US and maitain her in status until my PD become current.
There is a lot of info on the internet about this, here is one link that looks relevant
Converting H4 to F1 and then adding to I-485 - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=1081076091)
About I485 denial, what chances are for this to happen? Does anyone kknow how likely is that your 485 gets denied? I heard is not very likely.
dealsnet
06-11 11:46 PM
How she keep AOS status (I-485) when out of the country for long period, and do not have AP, while go out of the country. She can come on H-4, but, I don't know, she can be on AOS status for green card. Consult a lawyer.
Hello Gurus,
Soon after we filed our I-485 in July 07 we went to India as my mother was not feeling well. When my wife and I were in India we got Finger print appointment notices, which we postponed around 8 times. In May 08 we came to US specially to give our finger prints and we did. Few weeks after we gave our Finger prints, My wife went to India to take care of my mom.
Yesterday, we AGAIN got Finger print appointment notices. It does not say if USCIS was unable to read our finger prints or anything, It is a regular FP notices.
Since I am here in the US, I do not mind giving FP's again, but my wife is in India and she cannot give FP now. Another thing is we applied for H1 extension, She cannot come until I get my H1 and she get's it stamped. We do not have AP to travel.
The day we gave our FP's, USCIS has put stamps on our FP appointment notices with the details. I have these notices with me. Are these of any help ???
Biometrics Processing Stamp
ASC Site Code:______
Biometrics QA Review By:_____ On ________
Ten Prints QA Review by:_____ on ________
I really do not know what to do. I request you all Gurus, please help me to handle this issue.
Thank you.
Hello Gurus,
Soon after we filed our I-485 in July 07 we went to India as my mother was not feeling well. When my wife and I were in India we got Finger print appointment notices, which we postponed around 8 times. In May 08 we came to US specially to give our finger prints and we did. Few weeks after we gave our Finger prints, My wife went to India to take care of my mom.
Yesterday, we AGAIN got Finger print appointment notices. It does not say if USCIS was unable to read our finger prints or anything, It is a regular FP notices.
Since I am here in the US, I do not mind giving FP's again, but my wife is in India and she cannot give FP now. Another thing is we applied for H1 extension, She cannot come until I get my H1 and she get's it stamped. We do not have AP to travel.
The day we gave our FP's, USCIS has put stamps on our FP appointment notices with the details. I have these notices with me. Are these of any help ???
Biometrics Processing Stamp
ASC Site Code:______
Biometrics QA Review By:_____ On ________
Ten Prints QA Review by:_____ on ________
I really do not know what to do. I request you all Gurus, please help me to handle this issue.
Thank you.
more...
crystal
08-14 08:07 PM
They can study without any issue.They dont need any permission. Universersities allow to study on H4. Only thing is they cannot work like an F1-student.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
chanduv23
05-30 11:12 AM
They will change the text on house bill appropriately if they decide on points system and get support.
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chanduv23
11-09 08:12 AM
hopefulgc - I can understand where you are coming from. Billions of people are excited by the fact that President Barack Obama has made history and for some reason - people are under the impression that "He is the guy next door" who can make wonders.
Remember - a politician is always a politician. Politicians who come to power through mass have a certain charisma and aura around them which blinds us of the fact that they are also just another politician.
Now - We all know and are definitely excited about Obama and we definitely want to see a change. Change will come, but we have to remember that this is just the beginning. Nothing happens overnight.
Almost all my personal friends waiting for GC now think they will all get their GC because of Obama. Students think they will get GC stapled to their diplomas and this goes on.
Things will definitely improve and we all have to work hard. This government will definitely hear our side - and make decisions keeping us in mind.
Remember - a politician is always a politician. Politicians who come to power through mass have a certain charisma and aura around them which blinds us of the fact that they are also just another politician.
Now - We all know and are definitely excited about Obama and we definitely want to see a change. Change will come, but we have to remember that this is just the beginning. Nothing happens overnight.
Almost all my personal friends waiting for GC now think they will all get their GC because of Obama. Students think they will get GC stapled to their diplomas and this goes on.
Things will definitely improve and we all have to work hard. This government will definitely hear our side - and make decisions keeping us in mind.
MetteBB
05-11 02:12 PM
The font and color of font doesn't fit in the apple stamp ;)
How about this then?
How about this then?
more...
kcforgc
06-08 10:04 AM
did you provide social security number? temporary license can be issued only if you do not provide social security number.
Yes, they take all copies - SSN, I797, passport everytime the license has to be renewed. More frustrating thing is they only issue a paper license which is valid only for 30 days and the card is mailed in 3-4 weeks from Tallahassee (State capital) after they perform immigration & background check. This paper license can't be used for ID purposes.
Yes, they take all copies - SSN, I797, passport everytime the license has to be renewed. More frustrating thing is they only issue a paper license which is valid only for 30 days and the card is mailed in 3-4 weeks from Tallahassee (State capital) after they perform immigration & background check. This paper license can't be used for ID purposes.
boldm28
05-19 11:35 AM
According to murthy, several of these cases were tied to companies that are under fraud investigations
MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)
this company is def not under fraud investigations .. this company has operations in asiapac/ europe/Canada .. and is among the top level companies like info and hcl ..
believe me those ICE officers would grind u down in a minute .. put yourself in the victims shoes .. and i am sure they(CBP) said ok you dont want to sign this document .. lets take you guys to the holding cell and u can wait for your turn ( whenever that comes) in front of the judge .. that can take 90 days .. nobody wants to go that route
MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)
this company is def not under fraud investigations .. this company has operations in asiapac/ europe/Canada .. and is among the top level companies like info and hcl ..
believe me those ICE officers would grind u down in a minute .. put yourself in the victims shoes .. and i am sure they(CBP) said ok you dont want to sign this document .. lets take you guys to the holding cell and u can wait for your turn ( whenever that comes) in front of the judge .. that can take 90 days .. nobody wants to go that route
more...
ps57002
10-19 10:40 AM
I replied to your case on too.
This is what uscis faq says
Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW
We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible
So it's possible your case hasn't been inputted yet.
My situation is ok. It was my error in putting in wrong receipt number..i'm ok with 4 receipt numbers, 4 cases ap/ead/140/485. It's in god's hands as to RFE or rejection though that would be a pain for uscis to cash all 4 checks then to reject/refund.
Jai mata di
This is what uscis faq says
Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW
We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible
So it's possible your case hasn't been inputted yet.
My situation is ok. It was my error in putting in wrong receipt number..i'm ok with 4 receipt numbers, 4 cases ap/ead/140/485. It's in god's hands as to RFE or rejection though that would be a pain for uscis to cash all 4 checks then to reject/refund.
Jai mata di
DSLStart
10-01 11:34 AM
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?
I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?
cal97
12-06 03:27 PM
July 2nd filer. NSC->CSC->NSC. Was told by an IO at NSC that my FP's have been scheduled on 10/26. Well, I have not received it as yet.
garybanz
03-09 11:35 AM
thanks all for suggestions
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
axp817
03-28 01:46 PM
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
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