radhay
08-21 04:33 PM
Hi, I am in the exact same situation. USCIS approved my H1B but didn't issue I-94. Along with the H1B approval letter there was explanation why they can't issue me 'H1B status' and also suggesting me to leave country and apply for H1B visa at the consulate using the approved petition.
I didn't leave the country as my lawyer suggested this is a matter of grey area and every thing rests on Immigration's officer's interpretation and judgement. Didn't want to take chance.
The solution? we filed 'nunc-pro-tunk' petition with the proof that it was a honest mistake on part of employer and I shouldn't be penalized for that. Now I am waiting for the USCIS decision.
I have an EAD and pending 485 so I am continuing to work. In your situation if you have 485 pending/EAD you shoud be OK.
I didn't leave the country as my lawyer suggested this is a matter of grey area and every thing rests on Immigration's officer's interpretation and judgement. Didn't want to take chance.
The solution? we filed 'nunc-pro-tunk' petition with the proof that it was a honest mistake on part of employer and I shouldn't be penalized for that. Now I am waiting for the USCIS decision.
I have an EAD and pending 485 so I am continuing to work. In your situation if you have 485 pending/EAD you shoud be OK.
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dreamgc_real
09-14 08:21 AM
Thanks..I am saying or implying that they broke a Law..I am not an expert in law.. I was just intrigued by what is written on the homepage ""It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs."
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!
So from all the replies , it looks like Money is the main issue ( and off course effort & commitment ).
We are having donation drives here right? Need to get inputs from law experts and if they think we have a chance - why not ?
Even though it is discriminatory, it is still within the law - and therefore cannot sue our way out of this mess!
pd_recapturing
10-14 07:27 PM
My DL is going to be expired in Nov and I have H1 stamped till Jan 08. I received EAD till Sep 08. I am planning to go to DMV to renew the DL. I will be carrying EAD and Passport (with H1b stamp). Please note that I have not applied H1B extn so far. I have following questions:
1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?
2) If they extend DL based on EAD, will I loose H1 status as I used EAD?
3) I live in VA, can someone pls share his/her experience in this regard ?
Thanks
1) Will I get my DL extended till Jan 08 (based on H1b) or Sep 08 (based on EAD)?
2) If they extend DL based on EAD, will I loose H1 status as I used EAD?
3) I live in VA, can someone pls share his/her experience in this regard ?
Thanks
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kondur_007
07-24 10:26 AM
???
It really will not matter a whole lot whether you mark Yes to all three or only to the third one. What you do need to do is attach an explanation (that your wife has filed 485, copy of 485 receipt and cover letter explaining that it was filed as a "dependent" petition to your immigration petition).
This questions (all three of them) are designed to screen people with immigrant intent (the whole purpose is to answer the question: does this person have immigrant intent) and once you answer one of them yes, it serves the purpose.
Immigrant intent does not matter for H, O, P visa categories as they are exempt from sec 214(b).
So in nutshell, it would not matter whether you mark all three yes or only third one yes. If I were to be you, I will mark them all yes and attach the explanation (very brief, with highlighted statement that says that she has filed 485 and receipt is attached).
Good Luck, and yes, send it ASAP...:)
It really will not matter a whole lot whether you mark Yes to all three or only to the third one. What you do need to do is attach an explanation (that your wife has filed 485, copy of 485 receipt and cover letter explaining that it was filed as a "dependent" petition to your immigration petition).
This questions (all three of them) are designed to screen people with immigrant intent (the whole purpose is to answer the question: does this person have immigrant intent) and once you answer one of them yes, it serves the purpose.
Immigrant intent does not matter for H, O, P visa categories as they are exempt from sec 214(b).
So in nutshell, it would not matter whether you mark all three yes or only third one yes. If I were to be you, I will mark them all yes and attach the explanation (very brief, with highlighted statement that says that she has filed 485 and receipt is attached).
Good Luck, and yes, send it ASAP...:)
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sledge_hammer
06-29 12:43 PM
^^^^
dba9ioracle
03-17 02:51 PM
With out a GC, you may not get the best rate. But you sure can get a mortgage loan while in H1/EAD.
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
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GCFROMOHIO
05-04 10:39 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
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nivasch
11-22 05:27 PM
Arnet
better check with your immigration attroney for your situation.
It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.
regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.
If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.
some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.
good luck.
better check with your immigration attroney for your situation.
It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.
regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.
If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.
some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.
good luck.
more...
dkupadhyay
11-25 01:14 PM
Thanks for all your replies.
My new attorney has all the e-mail communication to the congressman's office and he has replied to USCIS NOID for my I-1485 with all the details. But he believes that our case is not strong enough because we have no proof about the first I-140 filing date (the first I-140 was filed by previous attorney who is not reachable any more). We just have a copy of the first I-140 receipt. Even the first I-140 application (filed by previous attorney) has no date anywhere. My new attorney tried to get the original receipt for first I-140 or even copy of the canceled check for the application fees from the previous attorney. But previous attorney is not responding. I went to the previous attorney's office several times and found his office locked all the time.
Don't know what to do. Hopefully USCIS will pay attention to the e-mail communication with congressman and will find out some way.
Is there any legal step I can take against the previous attorney for not providing me the document? Can I file any consume complaint against him?
My new attorney has all the e-mail communication to the congressman's office and he has replied to USCIS NOID for my I-1485 with all the details. But he believes that our case is not strong enough because we have no proof about the first I-140 filing date (the first I-140 was filed by previous attorney who is not reachable any more). We just have a copy of the first I-140 receipt. Even the first I-140 application (filed by previous attorney) has no date anywhere. My new attorney tried to get the original receipt for first I-140 or even copy of the canceled check for the application fees from the previous attorney. But previous attorney is not responding. I went to the previous attorney's office several times and found his office locked all the time.
Don't know what to do. Hopefully USCIS will pay attention to the e-mail communication with congressman and will find out some way.
Is there any legal step I can take against the previous attorney for not providing me the document? Can I file any consume complaint against him?
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sumitghaiin
09-18 11:57 PM
Could anyone please let me know from where I could check my H1b-transfer status online ?
Thanks a lot
Thanks a lot
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sujith1
07-10 10:43 AM
You are right - The status changed today saying some one has picked it up - So express mail is good for sending.
Does the checks getting cashed mean the applicaton is accepted - and for whatever reason if they deny willu get the fees back?????
I had sent my EAD application on last week Thursday through express mail and I recvd the same status first time. On Monday, the status changed to delivery confirmed when someone picked the notice I think. My checks are cashed today so you may have to wait for a day and it should be fine.
Does the checks getting cashed mean the applicaton is accepted - and for whatever reason if they deny willu get the fees back?????
I had sent my EAD application on last week Thursday through express mail and I recvd the same status first time. On Monday, the status changed to delivery confirmed when someone picked the notice I think. My checks are cashed today so you may have to wait for a day and it should be fine.
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gcgreen
07-07 04:04 PM
to my knowledge, the first year that she started it would be no problem.
but in subsequent years you do need to pay estimated taxes or be subject to underpayment penalty. also, because estimated taxes are pay as you go, you do need to make payments on the payment deadlines.
for some really screwed up reason, the payment deadlines are not precisely three months apart: apr 15, jun 15, sep 15 and jan 15
the amount of estimated tax you need to have paid in order to have paid is calculated based on a worksheet that you can download from the IRS website.
But the general rule of thumb you need to follow is that you should have paid AT LEAST the previous year's taxes by this year including all withholdings and estimated tax payments. For example, if you owed $30000 in federal taxes in 2007, make sure the sum of all estimated taxes and withholdings for 2008 meets or exceeds 30000. I also think there is a rule that if your AGI was greater than 150K in the previous year, you need to pay at least 110% of prior year's tax amount. I am not sure of this one. But generally speaking, I think this rule is called safe harbor rule.
The other rule you can adopt is to ensure that you pay at least 90% tax that you will owe for 2008 by end of 2008. In other words, if you end up owing 40000 this year, make sure you have paid at least 36000 by end of this year.
You can find more info at:
http://www.fairmark.com/estimate/whomust.htm
http://finance.yahoo.com/taxes/article/101936/FAQs_on_estimated_taxes#howcalculate
I hope this information was helpful. Bear in mind, I am no expert on this, and all this info is just by reading various online sources, IRS docs etc.
Continuation..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
but in subsequent years you do need to pay estimated taxes or be subject to underpayment penalty. also, because estimated taxes are pay as you go, you do need to make payments on the payment deadlines.
for some really screwed up reason, the payment deadlines are not precisely three months apart: apr 15, jun 15, sep 15 and jan 15
the amount of estimated tax you need to have paid in order to have paid is calculated based on a worksheet that you can download from the IRS website.
But the general rule of thumb you need to follow is that you should have paid AT LEAST the previous year's taxes by this year including all withholdings and estimated tax payments. For example, if you owed $30000 in federal taxes in 2007, make sure the sum of all estimated taxes and withholdings for 2008 meets or exceeds 30000. I also think there is a rule that if your AGI was greater than 150K in the previous year, you need to pay at least 110% of prior year's tax amount. I am not sure of this one. But generally speaking, I think this rule is called safe harbor rule.
The other rule you can adopt is to ensure that you pay at least 90% tax that you will owe for 2008 by end of 2008. In other words, if you end up owing 40000 this year, make sure you have paid at least 36000 by end of this year.
You can find more info at:
http://www.fairmark.com/estimate/whomust.htm
http://finance.yahoo.com/taxes/article/101936/FAQs_on_estimated_taxes#howcalculate
I hope this information was helpful. Bear in mind, I am no expert on this, and all this info is just by reading various online sources, IRS docs etc.
Continuation..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
more...
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nkavjs
11-09 09:15 PM
[QUOTE=tinuverma;193745]Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs?
-- If you take my advise. Its not advisable to switch jobs now. Starting July 23rd, count 180 days before even you decide to make a jump using AC12.
Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
-- If you move jobs using EAD, then if for any reason if your 485 is denied then you will be out of status and have to leave US.. But if you are employed with same employer on H1 and if your 485 is rejected, you are still safe.. can again file for second 485 petition. Dont have to leave US right away.
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing?
-- If you receive AP, its ok to travel if your passport is not with H1 stamping.
Once you get back, you will be stamped as parollee.
Why is it not safe to travel while on EAD and yet to have the GC in hand?
-EAD has got nothing to do with your travel plans. You either need H1 stamped passport or a AP notice.
Last and most imp, is there any on when I can hope to get the actual green card?
-- Dont know the answer.. Its like a lottery.
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smartboy75
09-28 06:48 PM
Hi All
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
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boston_gc
05-30 08:09 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
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samcam
05-19 12:03 PM
we have 99 guests.. please register and contribute.. help yourself by helping IV...
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flex
10-02 02:43 PM
Oh. What game project?
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Pagal
01-18 06:41 AM
Hello,
Consult your lawyer on extensions and right paperwork..
IMHO, with right paperwork, no need to cancel the travel plans andor to worry about PoE... que sera sera...
Consult your lawyer on extensions and right paperwork..
IMHO, with right paperwork, no need to cancel the travel plans andor to worry about PoE... que sera sera...
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nb_des
08-04 02:33 PM
Looks like they got some award
http://www.exceedcorporation.com/news.htm
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kcforgc
06-07 05:53 PM
It is the same here in FL. They mention it as a "TEMPORARY" licence.
Moreover, they renew it only for 1 year at a time even though my H1 is valid for 3 years. This way they get $15 each year instead of every 3 years.
Moreover, they renew it only for 1 year at a time even though my H1 is valid for 3 years. This way they get $15 each year instead of every 3 years.
samcam
05-19 11:19 AM
Welcome to our newest member biju...
3870 and counting!! Come join us!
30 more to go to reach today's goal of 3900 members..
3870 and counting!! Come join us!
30 more to go to reach today's goal of 3900 members..
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