sundevil
03-17 06:12 PM
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I�m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I�m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
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bhavscreen
10-22 05:19 PM
All we can do id hope...
lonedesi
06-04 01:56 PM
I believe that if you travel after the expiration date on the visa stamped on your passport, you will need to go to the US consulate in India to get a multiple entry stamp to be able to return to the US. It is advisable that you don't travel unless you absolutely have to. You may want to renew your H1b and then go for the stamping. That way, you will have the stamping valid for the next 3 years.
You may want to consult your attorney before you travel, as this is my personal opinion.
You may want to consult your attorney before you travel, as this is my personal opinion.
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caydee
07-14 12:31 AM
Done and forwarded to about 50 people. But the website shows only 2037 petitions. Is this website for real?
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uma001
03-26 02:13 PM
WHy there are no replies in this thread
485Mbe4001
04-13 04:31 PM
Suddenly everyone is out to relieve the poor old neglected 'hi-tech' guy :D ...wonder if we are being used as a bargaining chip for CIR...
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vishage
09-28 01:26 PM
My app was received by NSC on 24th July and looks like NSC is processing August apps. Even, if my app got transferred to TSC, it should have been processed by now according to USCIS report on RN processing. I am not sure, what to do ?
Filed on Jul 24th at Nebraska ,No receipts yet, chq given by company so no info on chq being cashed.
Filed on Jul 24th at Nebraska ,No receipts yet, chq given by company so no info on chq being cashed.
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mammoy2k
09-21 07:11 PM
Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
more...
pmgthj
03-13 09:53 PM
Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
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pthoko
08-04 04:27 PM
The thing is that re-entry using AP does not wipe out previous out-of-status issue as per the 245(k) memo
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green_card
09-25 11:05 AM
ekauraaya, i didnt mean to sound like the police, but your post did sound a bit harsh. if you didnt intend it then i am sorry as well. the reason i am so touchy is because me and my wife just got done paying off a $25,000 credit card bill that we accumulated while i was a student. no, we werent splurging like crazy to buy the latest gadgets. this was survival stuff like groceries and gas that we had to encounter while in graduate school and being married at the same time, with no financial support from family and very little stipend from university. so we know what its like to live in that nightmare. thank god we are done with it. luckily we never missed any payments and have good credit scores but we know the stress of having a huge debt through bad circumstances even if one is not a spendthrift.
So when you mentioned "goof-ups" to the other guy without knowing his actual history, that set me off on a tirade.
Thats all. no ill feelings to anyone. hope you understand
Ok you just twisted my words, took it out of context and made new meaning out of it... oh man relax, i was not trying to kid about anyones misfortune here! I was not even thinking about it from that angel!
If you read carefully i did reply to his question although i do agree it is a bit cryptic ;) and if my reply sounded like kidding about "misfortune" then i really do apologize to the original poster, that was not my intent.
Green_Card: Thanks for policing... :rolleyes:
So when you mentioned "goof-ups" to the other guy without knowing his actual history, that set me off on a tirade.
Thats all. no ill feelings to anyone. hope you understand
Ok you just twisted my words, took it out of context and made new meaning out of it... oh man relax, i was not trying to kid about anyones misfortune here! I was not even thinking about it from that angel!
If you read carefully i did reply to his question although i do agree it is a bit cryptic ;) and if my reply sounded like kidding about "misfortune" then i really do apologize to the original poster, that was not my intent.
Green_Card: Thanks for policing... :rolleyes:
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tdasara
11-22 08:27 AM
getgreened2010
As I understand if you don't have a valid US visa (Or Canadian visa) Airline might not let you board even when going to India. Please, check with your airline.
As I understand if you don't have a valid US visa (Or Canadian visa) Airline might not let you board even when going to India. Please, check with your airline.
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TheOmbudsman
09-01 04:16 PM
My favorites are "The Bee" and Learning01.
me too. I am a big fan of bee, logiclife, sunjoshi.
me too. I am a big fan of bee, logiclife, sunjoshi.
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lazycis
10-05 11:15 AM
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
Yes, but the time she was without status will count as unlawful presence (depending on I-94). No worries, only 180 days or more of unlawful presence will trigger a three-year inadmissibility ban (see the INA � 212(a)(9)(B)(i)(I)).
I would also advise her not to leave the US until she gets an approval.
Yes, but the time she was without status will count as unlawful presence (depending on I-94). No worries, only 180 days or more of unlawful presence will trigger a three-year inadmissibility ban (see the INA � 212(a)(9)(B)(i)(I)).
I would also advise her not to leave the US until she gets an approval.
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austingc
07-30 11:37 PM
Hi All,
I received an RFE based on my qualification and the Job requirement qualification.
While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below
1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO
And in my profile, he listed the degree as ENGINEERING.
Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.
The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.
MY Attorney Suggested 2 things.
1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.
2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.
Please let me know if i stand any chance with these 2 options.
I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
I received an RFE based on my qualification and the Job requirement qualification.
While applying for PERM, in the ETA 9089 form, Attorney mistakenly listed as below
1. Accepted / Required Bachelors Degree for the Posted Job:
Computer Science, Mathematics (Instead of Mathematics, it should have been Engineering)
2. Any Other Alternate Degree accepted:
NO
And in my profile, he listed the degree as ENGINEERING.
Now during the I-140 stage, i got an RFE based on this mismatch. Here is the verbiage.
The USCIS is requesting evidence that the beneficiary obtained a Bachelor�s Degree in Computer Science or Mathematics, OR evidence that the degree obtained was part of the Computer Science or Mathematics program/department.
MY Attorney Suggested 2 things.
1. Get my degree transcripts evaluated by a third party educational evaluator and equate the courses i have done (7 Computer Courses and 9 Mathematics courses) as part of Computer Science / Mathematics Degree.
2. Get an verification letter from the University that these courses are infact related to Computer Science / Mathematics Degree.
Please let me know if i stand any chance with these 2 options.
I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
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aquagirl
05-22 10:54 AM
I recently got my confirmation number from HDFC after paying $100 application fees. When I tried to take a date after filling out all the forms online on the vfs website, the system does not show any appointment November 06 onwards for New Delhi, it says: No appointment available for this month. I have to go to India in Dec and for that I have to get my H-1 stamped as this is my first time out of the country after getting an H-1.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
Another Q I have is, since its both my husband and me who are going to get the stamping done, can we take 1 appointment and get our visas stamped together or do we have to take seperate appointments(we have paid for 2 visa applications).
Third Q is, my H-1 has just been filed last week and I don't know when my petition no. will come. In order to take the visa appt date, I have to enter my petition no and expiration date in the system. Does anyone know if I can take my appt without the petition no. and provide it as soon as I get it?
Thanks.
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extra_mint
01-21 04:49 PM
even I am aware of the same thing.
I think u got it right.
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
I think u got it right.
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
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yingli
08-23 10:59 PM
My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
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November 30th, 2008, 09:00 PM
Owen, enjoy! It's a nice beasty.
bkarnik
04-13 04:30 PM
We will be sending out an email to all of you very soon. Hopefully we can have a conference call maybe this weekend to go over what we are trying to achieve with the help of volunteers
Any update for this weekend?
Any update for this weekend?
sam_hoosier
11-12 03:44 PM
Gurus,
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.
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