sush
07-30 07:48 PM
EAD is based on pending I-485 and for filing 485, you just need 140 received. So you are OK. My uunderstanding is you can also use AC21 portability after 180 days to change employers as long as your employer doesn't revoke your I-140. So there is that risk with I-140 not approved.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
P.S my I-140 app is pending with TSC from May 2006. Almost 425 days plus and still no update/no RFE. Even upgraded it to PP on Jun 18th 2007 but still nothing.
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javadeveloper
08-31 09:55 AM
I am working for a very good Indian company and I worked for 3 very bad Indian companies.I feel the real difference between Good and Bad companies.With good company you never have to worry about your salary and legal things.With bad company you always have to worry about those things.
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Googler
02-14 05:22 PM
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
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seemashah
02-21 04:17 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
more...
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natrajs
04-15 11:19 AM
I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).
Congrats and Best Wishes
Congrats and Best Wishes
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sbmallik
05-14 09:41 AM
Gaithersburg, Rockville, Deerwood or Aspen Hill
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WaldenPond
05-25 06:59 AM
Thanks for sending the webfaxes. But that would not be enough. Please make phone calls as well. Please tell/email all your friends to do the same.
Here is the link that provides information about the talking points and phone numbers of the key Senator offices:
http://immigrationvoice.org/forum/showthread.php?t=942
Here is the link that provides information about the talking points and phone numbers of the key Senator offices:
http://immigrationvoice.org/forum/showthread.php?t=942
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Desertfox
06-07 06:06 PM
I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.
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a_yaja
03-17 02:35 PM
Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?
Yes - but only amounts in excess of 7% of your AGI is deductable. The first 7% comes out of your pocket.
Yes - but only amounts in excess of 7% of your AGI is deductable. The first 7% comes out of your pocket.
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Vsach
01-10 06:45 PM
Core maintaining a low profie?;)
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eager_immi
02-13 02:34 PM
They r a bloodly lazy bunch they sit on ur passport and do nothing. So please take the day off and go collect it. I called them atleast a hundred times and basically our passport was ready and they have not mailed it. so please keep calling endlessly they will pickup at some point but my advice is go and collect it urself.
Hello Friends,
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
Hello Friends,
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
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up_guy
09-01 08:53 PM
Please reply someone..
take care
manish
take care
manish
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neoneo
07-16 08:36 PM
I'm not sure the information is correct. You can add a spouse anytime before your I-485 is approved. Till that time it's a good idea, if you have a chance, to maintain two different applications. The difference is you can mention that you have a spouse in biometrics etc but you wont file for her EAD/ AP since she/he has a separate app since she is not a dependent.
In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
If you don't plan to file as a dependent then you have to file two independent apps.
Don't get confused with dependent and spouse, these are two very different terms.
You would add a dependent before your I-485 approval depending upon whose PD is current.
PS: As usual all the disclaimer regarding of me not being an attorney applies. :D
In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
If you don't plan to file as a dependent then you have to file two independent apps.
Don't get confused with dependent and spouse, these are two very different terms.
You would add a dependent before your I-485 approval depending upon whose PD is current.
PS: As usual all the disclaimer regarding of me not being an attorney applies. :D
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roseball
07-20 05:47 PM
This is news to me also. Once my current H1 expires I'm also planning to work on EAD and change to H4. One attorney adviced me to do that so that in case something happens to our I-485, I'll be on H4 and be still on status in this country to appeal for an MTR.
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...
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johnamit
07-27 03:39 PM
yes that is true that we need position and job details before looking out usin AC-21. I am in same boat, I have I-140 copy but nothing related to labor. I think I am stuck for next 3-4 years with current employer.
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leoindiano
09-19 11:16 AM
Dudes,
I dont know about what stopped you all from attending. If there is no genuine reason, I really feel sorry for you.
Rally was huge success, there was 1800 to 2000 people. IV has their names, Indians and chinese are the ones who are effected more, thats why we have more from those nations at rally.
The only disoppintment was number, expected 10000 and got only 2000. Otherwise, enthusiasm and the response was really great.
I dont know about what stopped you all from attending. If there is no genuine reason, I really feel sorry for you.
Rally was huge success, there was 1800 to 2000 people. IV has their names, Indians and chinese are the ones who are effected more, thats why we have more from those nations at rally.
The only disoppintment was number, expected 10000 and got only 2000. Otherwise, enthusiasm and the response was really great.
more...
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Anders �stberg
March 6th, 2004, 08:43 AM
Went back to get sharper pictures, here's some edits:
Top floor, looking down:
http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairstop_2713.jpg
Mid level, looking down:
http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairwellmid_2716.jpg
Bottom floor, looking up:
http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairsup_2718.jpg
Bottom floor, looking up, reversed:
http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairsupreversed_2718.jpg
Top floor, looking down:
http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairstop_2713.jpg
Mid level, looking down:
http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairwellmid_2716.jpg
Bottom floor, looking up:
http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairsup_2718.jpg
Bottom floor, looking up, reversed:
http://www.interimlocation.com/fretNoMore/photo/10D/pictures/misc/pmbstairwell/pmbstairsupreversed_2718.jpg
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acecupid
07-08 04:39 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.
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unbreakable
03-17 11:20 AM
Thanks guys for your replies. Will keep you posted on my RFE.
prasadn
04-20 02:34 PM
Since we got conflicting/confusing answers we went to San Diego, parked our car at the border, walked across the border and walked back in with a new I-94. It was an easy process and took about an hour.
kennyc
May 25th, 2005, 02:37 AM
So here are three more from the same "session" last evening which do include some foreground framing/interest. (slight adjustments on these to levels, color, etc. no cropping though)
Enjoy,
KAC
Enjoy,
KAC
