I am in similar situation. Originally applied to NSC, got Xfr'd to CSC. Now CSC after processing EAD/AP Xfr'd my I-485 back to NSC.
ANyone in similar situation has rcvd Finger printing notices? I assume Aug 17th filers at NSC are ahead of us?
Also, i received the EADs in mail, but haven't received the AP even though online status reads AP mailed a week back. Any idea how long it takes to get AP after it online status reads approved?
Please share any information.
ANyone in similar situation has rcvd Finger printing notices? I assume Aug 17th filers at NSC are ahead of us?
Also, i received the EADs in mail, but haven't received the AP even though online status reads AP mailed a week back. Any idea how long it takes to get AP after it online status reads approved?
Please share any information.
wallpaper missing you friendship quotes.
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
Sorry to hear you didnt get the correct picture before joing the American Dream. Read information on IV Home page more about retro. IV team is working on these issues and hopefully you may get the GC sooner than 5 years.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
Sorry to hear you didnt get the correct picture before joing the American Dream. Read information on IV Home page more about retro. IV team is working on these issues and hopefully you may get the GC sooner than 5 years.
What is PM me and how can i PM someone?
2011 All Friendship Cards - How to
It is in the bottom of the first page of I-485 application form. It says "Fill in box if G-28 is attached to represent the applicant"
Your employer or lawyer can certainly fill it in but they would need your signatures on the G-28 form. Without your signatures, no one can represent you as it is YOUR application.
I filled the 485 forms my self.
Where is the box in the right bottom in 485 which says I will be represented by attorney?? In 485 I see two locations for signature (one for applicant) and other for representative?
Can my employer sign it now (without me sending G-28??)
Your employer or lawyer can certainly fill it in but they would need your signatures on the G-28 form. Without your signatures, no one can represent you as it is YOUR application.
I filled the 485 forms my self.
Where is the box in the right bottom in 485 which says I will be represented by attorney?? In 485 I see two locations for signature (one for applicant) and other for representative?
Can my employer sign it now (without me sending G-28??)
From what i know, if you have an Indian Passport and a US Green card, the only countries you can travel to without any visitor/tourist visa requirements are India, USA, Canada, Bahamas, Dominican Republic and Mexico (Thanks to Sunny1000 for confirmation of Mexico and Dominican Republic)
Are there any other countries I can go to which don't require a Visa or will grant a visa on arrival?
Thanks.
Are there any other countries I can go to which don't require a Visa or will grant a visa on arrival?
Thanks.
Thank you so much for your responses! I did not mean to lie to the consulate when I answered "no" on the form the previous time. I think the thing that we've actually came back in time proves it. The new DS-160 form doesn't have this questions because I've heard that many people were confused by it. The consulate officer did not ask us if we were planning to immigrate to the US. I know of quite a few people who were issued a non-immigrant visa while replying "yes" to that question. Does it mean the law was broken on that case?
Does it matter if the "I-130" was not approved yet? Does it count "immigration intent" from the date they've received documents from my brother? Please comment. Thank you.
Does it matter if the "I-130" was not approved yet? Does it count "immigration intent" from the date they've received documents from my brother? Please comment. Thank you.
I urge you to ask for second opinion. From my understanding it depends how long your I-140 was pending.
Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
Johnny N. Williams
http://www.immigration.com/newsletter1/childprotac.pdf
----------------------------------------
Yes, I will speak to an Immigration Attorney on this. And thanks again, the link was informative.
Here is a part of "The Child Status Protection Act � Memorandum Number 2" by
Johnny N. Williams
http://www.immigration.com/newsletter1/childprotac.pdf
----------------------------------------
Yes, I will speak to an Immigration Attorney on this. And thanks again, the link was informative.
2010 missing you friend quotes.
Would request you to elaborate a bit.
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
Using H1-B or AP does not make a difference. Filing I-485 implies that you have a residence here in the US.
Having said that, typically, trips outside US that lasts less than 24 hours are not counted. That way, daily trips could be OK. However, may I ask, where do you spend your weekend?
It comes down to this question. Are you residing in US? The burden of proof is on beneficiary (I-485 applicant).
I would suggest that you should consider getting second opinion from a reputed attorney.
Hope that helps.
_______________________
Not a legal advice.
US Citizen of Indian Origin
Note that I am not using either my EAD or my AP. All I am using is H1-B and my Canadian Passport to enter and leave US. Most people on the Canadian US border to that.
Also, I commute to US everyday to work, which is less than an interval of 12 hours.
Your input is greatly appreciate. Thank you.
Using H1-B or AP does not make a difference. Filing I-485 implies that you have a residence here in the US.
Having said that, typically, trips outside US that lasts less than 24 hours are not counted. That way, daily trips could be OK. However, may I ask, where do you spend your weekend?
It comes down to this question. Are you residing in US? The burden of proof is on beneficiary (I-485 applicant).
I would suggest that you should consider getting second opinion from a reputed attorney.
Hope that helps.
_______________________
Not a legal advice.
US Citizen of Indian Origin
a.w.e.s.o.m.e.
Keep in mind when you change to your new Job .Your previous labor was approved in specific job code plus your advertisement which your old company used for filing perm application. All those job requirements need to match at least by 50% or so.
Keep in mind when you change to your new Job .Your previous labor was approved in specific job code plus your advertisement which your old company used for filing perm application. All those job requirements need to match at least by 50% or so.
hair missing you friend quotes.
Ganguteli,
If you can help our friend who is stressed, thats great. If you cant, this is no time for "you should have come to us earlier" moment. Ridiculing a guy who has just come to this forum is not going to help you get over your GC frustration.
***
Dont stress out buddy. You might have to make tough decisions..like move back to India, Canada...UK immigrants are going through a tough time...... You still have 9 months to either get your employer to apply Labor or find another job that does.......If you cant..its not the end of the world....Enjoy your time here...start applying in India..... For any other questions do come back to this forum again.....Almost everyone is very helpful, non-judgemental & friendly.
You are undergoing what a lot of H1Bs go through.
They do not care about greencard on H1B thinking that it will come whenver the company applies until it is too late. They enjoy the first 3 years of H1B enjoying America and dollars and do not bother about IV or advocacy or contributing money to IV. I have seen such people even telling others it is a waste of time and making fun of IV. After 3 years they renew H1B thinking that they still have 3 more years. But once 6 years are about to expire they worry that they will have to leave US of A and the land of opportunities. It is at that time they try to start greencard process and check out IV. These same people then start contributing to IV and take this effort seriously.
You still have time of 1 year and 9 months and that is good enough to get your labor through. Good luck and hope you find help from people here.
If you can help our friend who is stressed, thats great. If you cant, this is no time for "you should have come to us earlier" moment. Ridiculing a guy who has just come to this forum is not going to help you get over your GC frustration.
***
Dont stress out buddy. You might have to make tough decisions..like move back to India, Canada...UK immigrants are going through a tough time...... You still have 9 months to either get your employer to apply Labor or find another job that does.......If you cant..its not the end of the world....Enjoy your time here...start applying in India..... For any other questions do come back to this forum again.....Almost everyone is very helpful, non-judgemental & friendly.
You are undergoing what a lot of H1Bs go through.
They do not care about greencard on H1B thinking that it will come whenver the company applies until it is too late. They enjoy the first 3 years of H1B enjoying America and dollars and do not bother about IV or advocacy or contributing money to IV. I have seen such people even telling others it is a waste of time and making fun of IV. After 3 years they renew H1B thinking that they still have 3 more years. But once 6 years are about to expire they worry that they will have to leave US of A and the land of opportunities. It is at that time they try to start greencard process and check out IV. These same people then start contributing to IV and take this effort seriously.
You still have time of 1 year and 9 months and that is good enough to get your labor through. Good luck and hope you find help from people here.
Disclaimer - This is only based on my knowledge gathered from different forums so take it as its worth.
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
I agree with your research on India's tax Status. But I believe for US tax purpose we wont be Resident Alien unless we pass Substantial Presence test (unless we have a GC). We will be considered as Non Resident Aliens. The standard deduction for NRA's is 3k not 10K. Above 3K we need to pay 30% flat rate tax. If you have 30K and if you withdraw 10K per year then your tax will be paying 2100$ tax and 1000$ withdrawl penalty per year. In summary your tax rate could be upto 40%.
One other strategy is withdraw everything the leaving year and pay tax and put it in some investment like stocks, mutual funds or some savings. The gains wont be taxed in US if you are NRA (There are some exceptions like real estate stocks etc.). It won't be taxed in India due to RNOR status. So you can avoid taxes on the gain.
Disclaimer: Above is my interpretation from NRA tax law which could be wrong.
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
I agree with your research on India's tax Status. But I believe for US tax purpose we wont be Resident Alien unless we pass Substantial Presence test (unless we have a GC). We will be considered as Non Resident Aliens. The standard deduction for NRA's is 3k not 10K. Above 3K we need to pay 30% flat rate tax. If you have 30K and if you withdraw 10K per year then your tax will be paying 2100$ tax and 1000$ withdrawl penalty per year. In summary your tax rate could be upto 40%.
One other strategy is withdraw everything the leaving year and pay tax and put it in some investment like stocks, mutual funds or some savings. The gains wont be taxed in US if you are NRA (There are some exceptions like real estate stocks etc.). It won't be taxed in India due to RNOR status. So you can avoid taxes on the gain.
Disclaimer: Above is my interpretation from NRA tax law which could be wrong.
hot love you best friend quotes
"Representative Elton Gallegly (R-CA) introduced H.R. 133, Citizenship Reform Act of 2007, which would limit citizenship by birth to children born to at least one permanent resident or citizen parent."
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This is just a proposal still and I fell will not become law anytime soon.
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This is just a proposal still and I fell will not become law anytime soon.
house cute friendship quotes
gc_chahiye,
I don't know exactly what AC 21 regulations are.I just want to follow any best Lawyer's advice in this matter.
h12gc
Your GC is your responsibility. Better to know all AC 21 regulations and act accordingly. Lawyers do goof up. I suggest you take conservative stand unless you are ready to take any risk. Personally I am risk averse as far as GC is concerned. Think whether the extra dough or career change is much needed for you.
The job title Technical Recruiter itself is like painting target on the shirt and going into the field. I think RFE is guaranteed.
Vamsi
I don't know exactly what AC 21 regulations are.I just want to follow any best Lawyer's advice in this matter.
h12gc
Your GC is your responsibility. Better to know all AC 21 regulations and act accordingly. Lawyers do goof up. I suggest you take conservative stand unless you are ready to take any risk. Personally I am risk averse as far as GC is concerned. Think whether the extra dough or career change is much needed for you.
The job title Technical Recruiter itself is like painting target on the shirt and going into the field. I think RFE is guaranteed.
Vamsi
tattoo i miss you friendship quotes.
We are with you.. CIR is lost cause. I would suggest that we should spend all our energy for interm relief and forget about grand bill.
pictures i miss you friendship quotes.
My 140 got approved yesterday! Just 7 days after they received the response to the RFE. :D
Btw, someone asked abt 3 yr or 4 yr degree. Mine is 4 yr degree.
lookin at the approvals i think it will take anywhere from 1-3 months
Btw, someone asked abt 3 yr or 4 yr degree. Mine is 4 yr degree.
lookin at the approvals i think it will take anywhere from 1-3 months
dresses missing you quotes for friends
"Revitalizing the Golden State" looks great for reading but....
- Does legalized illegals really pay taxes?
- what is the possibility that they don't depend on Gov from the day they get their Citizenship?
- Illegals are here from more than 10 years....do the average age is around 40'.... they may work for 10 more years and then depend on Gov.
It is a know truth the advantage of giving GC to Legal EB's then Illegals but as you said we need clear message posted....
- Does legalized illegals really pay taxes?
- what is the possibility that they don't depend on Gov from the day they get their Citizenship?
- Illegals are here from more than 10 years....do the average age is around 40'.... they may work for 10 more years and then depend on Gov.
It is a know truth the advantage of giving GC to Legal EB's then Illegals but as you said we need clear message posted....
makeup Missing You Quotes With
I agree with you all. Thank you helpful_leo for starting this thread. It is very important to suggest amendments to the language of PACE act so that the following groups are included:
i) People who have already received a Ph.D. from an accredited US university.
ii) People who will be graduating with a Ph.D. from an accredited US university after the passage of this bill.
As helpful_leo pointed out in the 'PACE amendment suggestions' thread, we should suggest that the language in the bill be amended so that the proposed adjustment of status benefits will apply to any individual who can provide the following two pieces of evidence :
i) Received a doctoral degree from an accredited US university and,
ii) Has been subsequently employed in the US for at least one year.
- Do you know when the PACE act will be up for discussion in the senate?
- Does the current language suggest that doctoral students who qualify will be able to directly file I-485 without even the need for filing I-140?
i) People who have already received a Ph.D. from an accredited US university.
ii) People who will be graduating with a Ph.D. from an accredited US university after the passage of this bill.
As helpful_leo pointed out in the 'PACE amendment suggestions' thread, we should suggest that the language in the bill be amended so that the proposed adjustment of status benefits will apply to any individual who can provide the following two pieces of evidence :
i) Received a doctoral degree from an accredited US university and,
ii) Has been subsequently employed in the US for at least one year.
- Do you know when the PACE act will be up for discussion in the senate?
- Does the current language suggest that doctoral students who qualify will be able to directly file I-485 without even the need for filing I-140?
girlfriend tattoo miss you quotes miss
Thanks xingeng. This is the first case, I am seeing, that got transferred from NSC to TSC and got the receipt #.
Did you have LUD (Last Update Date) on your I-140?
Did you have LUD (Last Update Date) on your I-140?
hairstyles miss you friend quotes
My point of view: Recession or No Recession - If u r strong enough and a needed resource, therez no way they r gonna lay u off --- Again just my POV.
If push comes to shove, it does not really matter how strong you are. I survived the 2K to 2K3, but have seen many smart people suffer.
If push comes to shove, it does not really matter how strong you are. I survived the 2K to 2K3, but have seen many smart people suffer.
24.�Moonlighting� Under EADs
AILA requests clarification on whether an H-1B or L-1 nonimmigrant present in the United States under a valid petition and who moonlights pursuant to an EAD still maintains his H-1B or L-1 status. It is AILA�s belief that an H-1B or L-1 nonimmigrant who maintains employment with his or her petitioner and �moonlights� with a different employer on the basis of an approved EAD continues to maintain his or her underlying nonimmigrant status. Please see the attached Addendum III for AILA�s arguments in support of this position.
Response: We appreciate your request and will take this matter under advisement.
ADDENDUM III �Moonlighting� Under EADs
For many years there has been uncertainty concerning maintenance of status by H-1B and L-1 nonimmigrants with pending applications for adjustment of status who �moonlight� pursuant to an EAD. Some of the confusion in this area is due in part a legacy INS memorandum issued in 1997 in which the Service stated that �after receiving the EAD, the alien may work for any employer desired and is not subject to E, H, or L restrictions. However, such an alien would lose his or her E-1, E-2, H-1B, or L-1 nonimmigrant status by working in open-market employment.�21
AILA believes the language emphasized above merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one. It is AILA�s belief that an alien who adds an employer does not lose his underlying nonimmigrant status merely by working pursuant to an EAD, which is authorized employment under 8 C.F.R. � 274a.12(c)(9) and INA � 245(c)(8).
The 1997 legacy INS memorandum was issued before the rules were changed in 1999 to permit H-1B and L-1 nonimmigrants to be admitted to the United States pursuant to a nonimmigrant visa or advance parole, and to be employed either pursuant to an approved EAD, or a valid nonimmigrant petition approval.
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
AILA requests clarification on whether an H-1B or L-1 nonimmigrant present in the United States under a valid petition and who moonlights pursuant to an EAD still maintains his H-1B or L-1 status. It is AILA�s belief that an H-1B or L-1 nonimmigrant who maintains employment with his or her petitioner and �moonlights� with a different employer on the basis of an approved EAD continues to maintain his or her underlying nonimmigrant status. Please see the attached Addendum III for AILA�s arguments in support of this position.
Response: We appreciate your request and will take this matter under advisement.
ADDENDUM III �Moonlighting� Under EADs
For many years there has been uncertainty concerning maintenance of status by H-1B and L-1 nonimmigrants with pending applications for adjustment of status who �moonlight� pursuant to an EAD. Some of the confusion in this area is due in part a legacy INS memorandum issued in 1997 in which the Service stated that �after receiving the EAD, the alien may work for any employer desired and is not subject to E, H, or L restrictions. However, such an alien would lose his or her E-1, E-2, H-1B, or L-1 nonimmigrant status by working in open-market employment.�21
AILA believes the language emphasized above merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one. It is AILA�s belief that an alien who adds an employer does not lose his underlying nonimmigrant status merely by working pursuant to an EAD, which is authorized employment under 8 C.F.R. � 274a.12(c)(9) and INA � 245(c)(8).
The 1997 legacy INS memorandum was issued before the rules were changed in 1999 to permit H-1B and L-1 nonimmigrants to be admitted to the United States pursuant to a nonimmigrant visa or advance parole, and to be employed either pursuant to an approved EAD, or a valid nonimmigrant petition approval.
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
H1B extension receipt date: 10/11/2007
AReceived by Attorney: 1/31/2008
Not premium and with same company.
AReceived by Attorney: 1/31/2008
Not premium and with same company.
