indyanguy
06-13 06:01 PM
If my EB3 140 is pending and if when I apply for EB2 140, I dont have the approval, can the interfile be done at the later date?
I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?
Also, if both EB3 and EB2 are with the same company, is it required that the EB3 position is different from the EB2 position? Do I have to get promoted?
I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?
Also, if both EB3 and EB2 are with the same company, is it required that the EB3 position is different from the EB2 position? Do I have to get promoted?
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sledge_hammer
02-15 11:32 AM
There is no such status as "out of project". Based on the fact that you do not have a job and your employer is not paying you, you are out of status already. It is your employer's responsibility to pay you no matter you have a project or not. In fact, it is because of cases like yours that USCIS has raided those desi body shops and put them behind bars.
My advice to you is change your stauts ASAP to F-1 or if you are married, then to H4.
If the bove two options are not something you can do, please leave the country.
I already put a transfer in Oct 2008. since I am not sure about H1b approval of old company.
Its in pening status.
Out of project since one month.
Thanks
My advice to you is change your stauts ASAP to F-1 or if you are married, then to H4.
If the bove two options are not something you can do, please leave the country.
I already put a transfer in Oct 2008. since I am not sure about H1b approval of old company.
Its in pening status.
Out of project since one month.
Thanks
vsoni
05-24 03:24 PM
Done!! Nj
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gcwanter
03-02 03:13 PM
Greencard and H-1B expenses should be paid by the employer. Anything else is illegal. I am requesting admins to close this thread.
do you know where i can find the exact text to make this certain?
or is there any?
do you know where i can find the exact text to make this certain?
or is there any?
more...
hsarao
12-06 04:32 PM
Hello! My husband and I are in Lansing, and became a member today. I read the last post from Sep about some conference or meeting. Is there one scheduled soon? Venue? Date?
bugsbunny
05-05 01:21 PM
Does this forum software have a buddy list / block list feature?
I have seen this on other forums and the block list might be a nice feature to help block irrelevant people / messages. :o
This may even stop some of the fights :eek:
Yes you can add friends using the 'Contacts & Friends' link under 'Networking'
and there is an ignore list under 'Settings and Options' in your Control Panel
I have seen this on other forums and the block list might be a nice feature to help block irrelevant people / messages. :o
This may even stop some of the fights :eek:
Yes you can add friends using the 'Contacts & Friends' link under 'Networking'
and there is an ignore list under 'Settings and Options' in your Control Panel
more...
pappu
04-13 01:46 PM
Update: April 13, 2009
http://immigrationvoice.org/forum/showthread.php?t=24824
The problem that IV member Drifter had with his I485 application has been fixed. IV had contacted USCIS and USCIS said that they will reinstate his case.
http://immigrationvoice.org/forum/showthread.php?t=24824
The problem that IV member Drifter had with his I485 application has been fixed. IV had contacted USCIS and USCIS said that they will reinstate his case.
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GooblyWoobly
09-13 06:17 PM
Just got a LUD saying my case that was transferred from NSC to CSC, is getting transferred back to NSC. Looks like they sent it to CSC to just generate the receipt.
more...
nocomment
10-14 05:32 PM
There is a section in 485 application to list your spouse and dependents. Talk to a good lawyer to see if you can still add her. Or you can live in india until you figure out a way to bring her here on student visa or something.
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apatel_17
07-11 03:27 PM
Hi apatel_17,
my in laws have visited 4 times from past 4 years, i would like to talk to you about my chances/procedures of claiming them as dependants, my email id is vinodkumarn@yahoo.com
please can u email about about how to go about this issue? i have never applied for extensions each time they were here for 6 months.
Hi, I am posting here instead of sending you an email so more people could benefit from this information.
Check if your in-laws pass the substantial presence test - http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html
If they do, your chances of claiming them should be 100% for any year they pass that test for (if they do not have significant income abroad, and are not claimed by anyone else as dependents in the US. There are more details from IRS on this subject, if they have significant income abroad).
You can amend your taxes going back 3 years. So you can get a refund for earlier years as well.
When your in-laws are in the US, get them to apply for an ITIN
http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html
http://www.irs.gov/pub/irs-pdf/fw7.pdf
This is somewhat tricky because IRS only issues this at time of tax filing these days, or if the applicant has US income. Go to your local IRS office if you have to, and open a savings bank account for your in-laws, if you need to (I did not need to, for my parents)
Complete the W7, take your in-laws to the local IRS office (with the passport and visa) and file the application and get a receipt.
Wait 6 weeks to get their ITINs (which I am doing right now with my parents' application)
File an amended tax return for previous years, or file the return for a new year claiming them as "exemptions"
Donate a fraction of your refund to IV ;-)
my in laws have visited 4 times from past 4 years, i would like to talk to you about my chances/procedures of claiming them as dependants, my email id is vinodkumarn@yahoo.com
please can u email about about how to go about this issue? i have never applied for extensions each time they were here for 6 months.
Hi, I am posting here instead of sending you an email so more people could benefit from this information.
Check if your in-laws pass the substantial presence test - http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html
If they do, your chances of claiming them should be 100% for any year they pass that test for (if they do not have significant income abroad, and are not claimed by anyone else as dependents in the US. There are more details from IRS on this subject, if they have significant income abroad).
You can amend your taxes going back 3 years. So you can get a refund for earlier years as well.
When your in-laws are in the US, get them to apply for an ITIN
http://www.irs.gov/businesses/small/international/article/0,,id=96696,00.html
http://www.irs.gov/pub/irs-pdf/fw7.pdf
This is somewhat tricky because IRS only issues this at time of tax filing these days, or if the applicant has US income. Go to your local IRS office if you have to, and open a savings bank account for your in-laws, if you need to (I did not need to, for my parents)
Complete the W7, take your in-laws to the local IRS office (with the passport and visa) and file the application and get a receipt.
Wait 6 weeks to get their ITINs (which I am doing right now with my parents' application)
File an amended tax return for previous years, or file the return for a new year claiming them as "exemptions"
Donate a fraction of your refund to IV ;-)
more...
140jibjab
01-23 10:51 AM
live in suburb of chicago!
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EndlessWait
01-10 04:50 PM
but its a long shot.. do u've EAD or H1...r u in status to fight while u work
more...
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dummgelauft
03-09 09:05 PM
DO NOT even think of making this mistake in the wildest of your dreams.
Get it renewed here, eve if it means paying the extra $100.00 for "Tatkal" service.
It is quick, simple and hassle free.
You better be very well connected with somebody in the Passport Office and the local police in you hometown, if yo want to get this done in India.
Get it renewed here, eve if it means paying the extra $100.00 for "Tatkal" service.
It is quick, simple and hassle free.
You better be very well connected with somebody in the Passport Office and the local police in you hometown, if yo want to get this done in India.
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StarSun
08-17 03:14 PM
I have never joined to IV conference call so I don't know which number to dial and also if any pin or passcode number is required. Please give details of conference call.
The conference dial in details will be posted by tomorrow.
The conference dial in details will be posted by tomorrow.
more...
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GCMember
08-20 01:14 PM
At what date the checks got encashed?
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neel_gump
10-16 01:07 PM
Same situation here as well...I had LUD on AP once on 10/12/07 and other on 10/15/07..but no status change...planning to travel in nov/dec...
more...
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Legal
07-19 04:53 PM
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
If I interpret correctly you are saying because USCIS will not like to work on so many EADs and APs year after year AND SO they themselves will seek increase in annual GC numbers to clear up the mess. I wish your predictions would turn out to be true.:)
However, if enough EB GC numbers are not available, USCIS can not be repsonsibe for this. They have corrected the one mistake they did with the visa bulletin fiasco. I don't see any other basis for additional lawsuits.
If I interpret correctly you are saying because USCIS will not like to work on so many EADs and APs year after year AND SO they themselves will seek increase in annual GC numbers to clear up the mess. I wish your predictions would turn out to be true.:)
However, if enough EB GC numbers are not available, USCIS can not be repsonsibe for this. They have corrected the one mistake they did with the visa bulletin fiasco. I don't see any other basis for additional lawsuits.
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nat23
03-23 03:28 PM
based on link -
http://public.cq.com/docs/cqt/news110-000002476084.html
It would have been more encouraging had the article said that Pelosi has set the date for floor debate instead of Harry Reid.
http://public.cq.com/docs/cqt/news110-000002476084.html
It would have been more encouraging had the article said that Pelosi has set the date for floor debate instead of Harry Reid.
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WillIBLucky
12-11 12:48 PM
I wouldn't care to much if they steamline the process and make all EB categories "Current". If you submit the right documentation these days i-140 does not take more than an month.
But if the retrogression is like this then as well a retrogressed person does not care as in any case he cannot file together. The only people who are affected is the people who are eligible to apply for both with the PD as current. But how many people are there now in that frame of benefit.
So I really feel it should not bother us too much especially people from India. If I am wrong correct me.
But if the retrogression is like this then as well a retrogressed person does not care as in any case he cannot file together. The only people who are affected is the people who are eligible to apply for both with the PD as current. But how many people are there now in that frame of benefit.
So I really feel it should not bother us too much especially people from India. If I am wrong correct me.
nagu
02-02 12:59 PM
Hi breddy2000:
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
fromnaija
10-04 10:48 AM
Hello gg_ny,
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
The problem as I it was traveling on your old passport after you obtained a new one. You could have travelled on the new one attached to the old one and your change of name document.
I concur with others...you need to sort this out fast before you land in trouble. See an immigration attorney quickly. My 2 cents.
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
The problem as I it was traveling on your old passport after you obtained a new one. You could have travelled on the new one attached to the old one and your change of name document.
I concur with others...you need to sort this out fast before you land in trouble. See an immigration attorney quickly. My 2 cents.
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