rhlsur
05-07 03:01 PM
Hi, Thanks for replying. Just verifying - is the tax number the same as employer identification number (EIN)?
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Biking
06-08 04:45 PM
I am July filer got 485 RFE
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
First of all, how do you know that RFE is for that mistake?
If you knew that your prev attorney made a mistake, you could have send a note to USCIS about this error at that time itself. Since you kept this quite, now you have to pay principal + interest.
All the best.
seems like my prev attorney made a mistake and answered yes to "Have you ever before applied for permanent resident status in the U.S"
- well this is going to cost me
My question(s)
i changed job(and company) do i need to send AC21 along with RFE response.
and also can i send my medical records along with RFE (medical records i submitted are incomplete and says chickenpox vaccination needed now i am vaccinated and got the records of it).
if yes do i still need USCIS doctor to submit these medical records.
First of all, how do you know that RFE is for that mistake?
If you knew that your prev attorney made a mistake, you could have send a note to USCIS about this error at that time itself. Since you kept this quite, now you have to pay principal + interest.
All the best.
Chandra_Chndra
05-04 02:17 PM
My cousin has I-20's from Universities A and B.he got F1 Visa with University A's I-20.
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
He is in India and he wants to go to University B.
Could anybody tell if he can directly go to University B and complete the transfer process from there? or does he need to go to University A, complete the transfer process and then go to University B?
does it create any problems at Port of Entry ?
PS: I have not started GC process yet. So, I didn't update my profile.
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gtg506p
10-26 09:18 AM
Hi,
I will file for my 485 this week. Next week I leave for India for 2 weeks. With the frontlog I wont get my 485 receipt this week. I have valid H1B. When I enter without 485 receipt will that be a problem? Will my 485 be abandoned in case there is problem? Please advice. Thanks.
gtg506p
I will file for my 485 this week. Next week I leave for India for 2 weeks. With the frontlog I wont get my 485 receipt this week. I have valid H1B. When I enter without 485 receipt will that be a problem? Will my 485 be abandoned in case there is problem? Please advice. Thanks.
gtg506p
more...
martinvisalaw
07-20 02:02 PM
Hi,
1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?
I haven't had a problem with H-1B extensions
3) How much is the H1B renewal fees?
It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:
$320 I-129 fee
$500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
$1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees
1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?
I haven't had a problem with H-1B extensions
3) How much is the H1B renewal fees?
It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:
$320 I-129 fee
$500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
$1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees
tatyavinchu
09-17 11:54 AM
I am a july 07 filer with EB2 PD Oct 2005. I switched employers in early part of this year. My employer has been very erratic and not paying me salary for past 2 months because his money is not cleared from his client. I have found another contract but my employer wants to wait until his money is cleared before he can pay me and that can take longer than 6 months !!! (if his money is not cleared before)
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
more...
sona75
07-28 09:44 AM
I am on EAD. my priority date is Oct 2003 EB3.
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
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sss9i
09-27 05:05 PM
I think so....
So those that filed before the 30th of July will have to pay 340/ year until we receive our green card??
So those that filed before the 30th of July will have to pay 340/ year until we receive our green card??
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ya3
04-17 02:18 AM
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kishdam
03-10 10:39 AM
we are going through it right now.
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
Thanks for the info.
Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.
I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).
If RFE does come at some point - do you know how much time we typically have to reply?
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
Thanks for the info.
Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.
I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).
If RFE does come at some point - do you know how much time we typically have to reply?
more...
ValleyCoolie
02-22 08:28 PM
This is going to be interesting.. Finally someone speeking about legal immigration..
The description says its about people getting their citizenship in time to vote. I doubt if they would talk about EB, backlogs, and the plight of honest-tax-paying H1B people.
http://www.cnn.com/CNN/Programs/anderson.cooper.360/index.html
The description says its about people getting their citizenship in time to vote. I doubt if they would talk about EB, backlogs, and the plight of honest-tax-paying H1B people.
http://www.cnn.com/CNN/Programs/anderson.cooper.360/index.html
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determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
more...
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flash.stoffer
08-07 12:55 PM
Hi agian.. :)
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Now a otherone is ready.. ;)
Hope you enjoy, like the others... :)
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wandmaker
11-05 08:50 PM
Walk into near by ASC with your FP notice, explain the situation, they will be able to accomadate you for FP. I read in the forum Wednesday's are usually good for walk-ins. Good Luck!
Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.
we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.
1. do we need to call USCIS to change the location and date ?.
2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.
3. I have updated the address in USCIS using online AR-11 already.
Plz share your experience/advise...
thanks,
====
PD : mar-2005
Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.
we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.
1. do we need to call USCIS to change the location and date ?.
2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.
3. I have updated the address in USCIS using online AR-11 already.
Plz share your experience/advise...
thanks,
====
PD : mar-2005
more...
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LegalIndianInUSA
09-11 10:29 PM
http://www.uslawnet.com/Englishhome/News/messages/234.htm
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
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go2roomshare
01-19 03:14 PM
It may be dump question.
Is it the date LC is filed?
Is it the date DOL Received Acknowledgement Date? ( Receipt Date)
Is it the date just DOL received the package??
Any one knows for sure??
Is it the date LC is filed?
Is it the date DOL Received Acknowledgement Date? ( Receipt Date)
Is it the date just DOL received the package??
Any one knows for sure??
more...
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alterego
12-03 12:23 AM
Yeah but why LUDs on a Sunday?
Lots of weird stuff. Perhaps something automated.
Lots of weird stuff. Perhaps something automated.
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dohko
01-11 08:16 PM
any thoughts?
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vivek_ut
09-12 09:51 PM
Rajiv Khanna from immigration.com held two conference calls on going back to school with a pending green card application. Not sure if your particular situation is covered but you can listen to the conference call recordings on his website. I believe these were in the April/Mat time frame.
kshitijnt
04-11 02:55 AM
Its a better idea to file in EB2 anyway.
needgreen
09-05 10:21 PM
Hello Madam/Sir,
I have applied in EB2-NIW category and filed I485 concurrently during July-August 2007 season. My wife also did the same to maximize the chance. Both of our I140 were approved recently.
Now, we have two sets of I485 pending (in one, I am the primary applicant, my wife is the dependent and in other, she is the primary applicant and I am the dependent). We both are doing job in the same company in the same position. Since we are from India, it will take probably a long time before our I485s get approved. Since the economical sitatution is not well in recent time, we planned to keep both I485 active in case something unforeseen happen to one of us; so that the other set of application will still be active.
We recently got a RFE for our birth certificate/parentage information. We have got birth certifactes from Indian Consulate, affidavifits from our mothers (since mothers name was not included in original birth certificate) and letters from our schools.
Since we were not sure whose EB2-NIW application would be approved, we kept both sets of I485 application active. Now, we were wondering if there is a problem in having multiple I485 pending at USCIS (of course they are related to differenet I-140). We would like to know if it is better to withdraw one set of application at this point. Is there any risk of cancellation of both I485 due to multiple submission?
Your answers/views will be highly helpful for us. Please reply.
Thank you so much, in advance.
I have applied in EB2-NIW category and filed I485 concurrently during July-August 2007 season. My wife also did the same to maximize the chance. Both of our I140 were approved recently.
Now, we have two sets of I485 pending (in one, I am the primary applicant, my wife is the dependent and in other, she is the primary applicant and I am the dependent). We both are doing job in the same company in the same position. Since we are from India, it will take probably a long time before our I485s get approved. Since the economical sitatution is not well in recent time, we planned to keep both I485 active in case something unforeseen happen to one of us; so that the other set of application will still be active.
We recently got a RFE for our birth certificate/parentage information. We have got birth certifactes from Indian Consulate, affidavifits from our mothers (since mothers name was not included in original birth certificate) and letters from our schools.
Since we were not sure whose EB2-NIW application would be approved, we kept both sets of I485 application active. Now, we were wondering if there is a problem in having multiple I485 pending at USCIS (of course they are related to differenet I-140). We would like to know if it is better to withdraw one set of application at this point. Is there any risk of cancellation of both I485 due to multiple submission?
Your answers/views will be highly helpful for us. Please reply.
Thank you so much, in advance.
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