CHHAYA
04-20 01:19 PM
I filed on March 10 2011 at texas service center, check was cashed on 3/15. Hope that helps.
Thanks.
Thanks.
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mirage
07-01 06:17 PM
There are many people who would sign up anything to come to US. When that A company spends 5-6k and bring people here, they disapear in 1 month. Obviously in this case court will go against the employee firstly because there is an underlying bias for the employer as he's a US employer second I personally feel he has all rights to ask for money since he invested in you...
krustycat
03-09 07:26 PM
I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
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virald
08-14 12:13 PM
My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay
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nozerd
09-06 04:39 PM
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
gsvisu
07-12 08:54 AM
I would say put 'Retrogressions' and waiting periods also in perspective.
In the world and era of progression
We get the word of 'Retrogression'
In the world and era of progression
We get the word of 'Retrogression'
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rally
07-13 02:13 PM
:p :p :p
The details here
Firstly, by investing $1 million and hiring 10 employees anywhere in the US. Secondly, investing $500,000 and hiring 10 employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%. Thirdly, investing in regional centres designated by the INS that are eligible to receive immigrant investor capital. The US immigration and naturalization services (INS), United States citizenship and immigration services (US CIS) have approved over 20 regional centres.
36 million hollywood house (not sure of exact value) + 3 nannies + 1 cook + 2 cook's help + 1 pool boy + 1 gardner + 1 Beckam's PR person + 1 Wife's PR person + 1 Masseuse + ......+ friend's Cruise recomendation to USCIS director = greencard in 1,2,3 or so months whether you like it or not
The details here
Firstly, by investing $1 million and hiring 10 employees anywhere in the US. Secondly, investing $500,000 and hiring 10 employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%. Thirdly, investing in regional centres designated by the INS that are eligible to receive immigrant investor capital. The US immigration and naturalization services (INS), United States citizenship and immigration services (US CIS) have approved over 20 regional centres.
36 million hollywood house (not sure of exact value) + 3 nannies + 1 cook + 2 cook's help + 1 pool boy + 1 gardner + 1 Beckam's PR person + 1 Wife's PR person + 1 Masseuse + ......+ friend's Cruise recomendation to USCIS director = greencard in 1,2,3 or so months whether you like it or not
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dan19
10-08 11:14 AM
Hi..
Sorry to hear about that. My opinion is that you are safe as long as your company doesn't withdraw/request to revoke you I-140.
>>>>>My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
>> No. Because I-485 is filed for a future employment.
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
>> You don't have to sent any letters. Only thing you need to make sure is that you current company doesn't revoke your I-140 before Jan 15. If USCIS asks you for an updated employment letter before Jan 15, you will be in trouble (normally they wont do). If they ask after Jan 15, you can provide it from the new company.
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Once you get EAD and Jan 15 comes, inform your new company that you are using EAD for AC21 purpose. From that time, they need to support your I-485.
Again, again, again...I am not an attorney. So consult an attorney before making any decisions.
Sorry to hear about that. My opinion is that you are safe as long as your company doesn't withdraw/request to revoke you I-140.
>>>>>My questions are the following:
1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
>> No. Because I-485 is filed for a future employment.
2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
>> You don't have to sent any letters. Only thing you need to make sure is that you current company doesn't revoke your I-140 before Jan 15. If USCIS asks you for an updated employment letter before Jan 15, you will be in trouble (normally they wont do). If they ask after Jan 15, you can provide it from the new company.
3. Do I have any other options here (I dont have EAD yet, just applied last week)
Once you get EAD and Jan 15 comes, inform your new company that you are using EAD for AC21 purpose. From that time, they need to support your I-485.
Again, again, again...I am not an attorney. So consult an attorney before making any decisions.
more...
tikka
07-06 11:44 AM
If I have approved LC and I140, can't i get 1yr (or if PD dates are retrogressed get 3yr) H1 extension??
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
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reddy_73
10-02 02:59 PM
even i have the same thing, mine was received by NSC and receipt mailed by NSC.
section says as UNKNOWN, called USCIS and she does not know any thing about it
section says as UNKNOWN, called USCIS and she does not know any thing about it
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Gravitation
03-27 10:33 PM
... "Its the Journey that matters, not the destination"
Every tried to catch the last bus home on a rainy evening?
Every tried to catch the last bus home on a rainy evening?
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rsdang
07-23 10:44 AM
I am a July filer as well and have a ton of friends in same boat... This is the first I heard of it.
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don840
04-04 01:30 PM
immigrant-in-law pls. click on new thread by going on the forum as Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation > and then click new thread.
wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.
Also, do you think Consular processing might be a better option instead of 485?
wandmaker, I understand that the 485 as it is filed now stands to be denied. But if I can get back on h4 and withdraw current 485 and refile new 485, then why would there be a issue? As I understand, 485 is to be filed while in valid status. It is not 'until' but 'while'.
Also, do you think Consular processing might be a better option instead of 485?
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Prashant
08-31 11:40 AM
This is what I can infer from the poll
93% of them lack talent
7% are talented
93% of them lack talent
7% are talented
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krishmunn
02-02 07:53 AM
If you are working in a arbitrary job in a location different from where TVU is (which indicates you never attended classes in TVU) , you are in serious trouble. Your best bet in that case is to quietly leave US ASAP or change your status to H1/H4 if possible.
In any case, stop working immediately and talk to an attorney.
In any case, stop working immediately and talk to an attorney.
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tinamatthew
07-20 11:59 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
Ignorance is not an excuse! If you speed and you are stopped will you tell the police man that you didnt know the speed limit on that street? I believe all immigrants should educate themselves with the law of the country and how it will affect them. I think it is a fair law that gives some people a fresh start and is very welcome for us as immigrants.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
Ignorance is not an excuse! If you speed and you are stopped will you tell the police man that you didnt know the speed limit on that street? I believe all immigrants should educate themselves with the law of the country and how it will affect them. I think it is a fair law that gives some people a fresh start and is very welcome for us as immigrants.
more...
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godbless
06-16 01:21 PM
My sister in law is currently working using her ead - opt while she is in possession of her ead from I485 filing as well. The attorney told her that she should use her f1 based ead till it expires and then start using the I 485 based afterwards.
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smisachu
10-04 10:33 PM
Good info. Thanks.
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acsouza
03-19 01:15 AM
So I asked my company's HR and the following is the reply I obtained:
<company name omitted> participates in E-Verify, which is a government run program that verifies work eligibility with the Department of Homeland Security and Social Security Administration. E-Verify requires that List A documents (your EAD card is a List A doc) must contain a photo ID which the receipt does not contain. This is required because when your information is entered into E-Verify, a picture of your EAD card appears, I then have to confirm the picture in their data base matches your physical card. Due to us participating in E-Verify we must comply with their regulations which trumps regular I-9 requirements and we will have to wait until your EAD card arrives.
So according to the company I will work for the receipt would be a valid doc for List C of the I-9, yet their E-Verify regulations require me to present a document from List A.
I am sad. Completely ran out of money. Glad I have friends willing to lend me money at this difficult time or I would starve.
<company name omitted> participates in E-Verify, which is a government run program that verifies work eligibility with the Department of Homeland Security and Social Security Administration. E-Verify requires that List A documents (your EAD card is a List A doc) must contain a photo ID which the receipt does not contain. This is required because when your information is entered into E-Verify, a picture of your EAD card appears, I then have to confirm the picture in their data base matches your physical card. Due to us participating in E-Verify we must comply with their regulations which trumps regular I-9 requirements and we will have to wait until your EAD card arrives.
So according to the company I will work for the receipt would be a valid doc for List C of the I-9, yet their E-Verify regulations require me to present a document from List A.
I am sad. Completely ran out of money. Glad I have friends willing to lend me money at this difficult time or I would starve.
singhsa3
11-15 09:56 AM
As I've said earlier. IV is you, you are IV. If you are in the similar situation as we are and by expressing your desire to do something about it, you automatically become a member of IV.
But we do use this yahoo group http://groups.yahoo.com/group/immigrationvoiceny/
to communicate with our members. So please sign up...
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
Thanks
But we do use this yahoo group http://groups.yahoo.com/group/immigrationvoiceny/
to communicate with our members. So please sign up...
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
Thanks
njboy
05-08 09:47 AM
hey, my paki friend,
this forum was created for the express purpose of addressing the backlog for employment based adjustment of status. Maybe you should try a more general forum to ask questions about H1 visa stamp/criminal issues etc. Infact on the Murthy forum, there is a specific area devoted to such issues and you will perhaps get better response.
regards.
this forum was created for the express purpose of addressing the backlog for employment based adjustment of status. Maybe you should try a more general forum to ask questions about H1 visa stamp/criminal issues etc. Infact on the Murthy forum, there is a specific area devoted to such issues and you will perhaps get better response.
regards.
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