kangaroo70
08-17 09:29 PM
meet_rayhan:
how long did it take for you to get denial reason from DOL? my lawyer got notice today, but they don't know reason for denial yet.
how long did it take for you to get denial reason from DOL? my lawyer got notice today, but they don't know reason for denial yet.
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milind70
11-06 11:29 PM
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
Thanks!
I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.
tn1
12-02 09:12 AM
Knoxville TN
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alexmat01
01-13 04:36 AM
I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval
Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)
If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?
Thanks a ton for your service and pls help me out.
Regards,
Alex
Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval
Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)
If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?
Thanks a ton for your service and pls help me out.
Regards,
Alex
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ameryki
01-08 09:15 PM
If you are not using EAD why renew it? Unless you are one of the people who applied under the new scheme (free EAD and AP for life), you are just wasting $340 + $305 = $645 (per person).
You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".
free "EAD and AP" for life what are you talking about??
You can easily wait till you move to new place before applying - if at all you want to apply. If your EAD & AP have expired, I am not sure if the new EAD/ AP will be considered as a "new" application or a "renewal".
free "EAD and AP" for life what are you talking about??
WTFever
12-02 06:49 PM
Well this is the non-immigrant section, and I also said I was not sure where to post it. Care to give me a clue?
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newuser
04-05 11:59 AM
Closed on Mar 26th with Wells Fargo with a 5% down payment conventional loan.
The monthly PMI was jacked up $55 during closing by my lender. Other than that no issues.
The monthly PMI was jacked up $55 during closing by my lender. Other than that no issues.
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a_yaja
02-26 11:40 AM
I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
Nozerd,
There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.
Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
Nozerd,
There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.
Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.
more...
krishnam70
08-02 07:26 AM
Tell me what I am doing wrong here:
1) https://egov.uscis.gov/cris/jsps/login.jsp
Clicked the link - Forgot Your User ID or Password ?
2) https://egov.uscis.gov/cris/lostCredentials.do?lostCredentials=true
Entered my userid and email address and Clicked Submit.
3) https://egov.uscis.gov/cris/authenticateUser.do
Here it asked me to enter "Your Question on File is:" and "Your Answer on File is:"
I do not remember this.
If you do not remember the secret question or answer then you have no choice, its probably much easier to use a new id + new email address. Next time, shoot yourself an email with the userid/password/secret question + answer for your record just in case you forget.
-cheers
1) https://egov.uscis.gov/cris/jsps/login.jsp
Clicked the link - Forgot Your User ID or Password ?
2) https://egov.uscis.gov/cris/lostCredentials.do?lostCredentials=true
Entered my userid and email address and Clicked Submit.
3) https://egov.uscis.gov/cris/authenticateUser.do
Here it asked me to enter "Your Question on File is:" and "Your Answer on File is:"
I do not remember this.
If you do not remember the secret question or answer then you have no choice, its probably much easier to use a new id + new email address. Next time, shoot yourself an email with the userid/password/secret question + answer for your record just in case you forget.
-cheers
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muthukmk
08-03 04:25 PM
Are u sure that we have to withdraw old EB3 case. My understanding is that u can file a fresh EB2 and use the old EB3 priority date.
Experts please clarify
Experts please clarify
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chakjobs
12-23 11:27 PM
Hi Nair/Perm,
I am not a returning US resident.
One of the companies sponsored my H1B and I am trying to get the visa stamped in India.
I got the wage report from the company but not the "Unemployment" wage report, so I am confused.
Any help about the document would be greatly appreciated.
Thanks a lot for all your help.
Have a nice time!
Thanks & Regards,
Chak
I am not a returning US resident.
One of the companies sponsored my H1B and I am trying to get the visa stamped in India.
I got the wage report from the company but not the "Unemployment" wage report, so I am confused.
Any help about the document would be greatly appreciated.
Thanks a lot for all your help.
Have a nice time!
Thanks & Regards,
Chak
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akred
05-26 07:27 PM
I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.
Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)
1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.
2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.
I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.
Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)
1. Any H1B issues affect employers more than the employees, so employers will make an issue out of any onerous requirement.
2. Any H1B fee is to be paid by the employer and is viewed as a tax and cost of doing business by the employer. Like any tax, it will mean cutbacks in other areas possibly existing charitable contributions to education or some such non essential cost.
I would expect Compete America and employers to speak up if they feel they would be affected by any H1B taxes.
more...
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gc_chahiye
11-29 03:33 PM
My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.
But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.
Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.
and This how each year of transcripts look like
Physics1
Maths1
Geology1
Physics2
Maths2
Geology2
Physics3
Maths3
Maths4
Geology3
I don't know how can he miss Maths from this.
Does any one else heard/faced a similar issue in the past.
What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...
But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.
Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.
and This how each year of transcripts look like
Physics1
Maths1
Geology1
Physics2
Maths2
Geology2
Physics3
Maths3
Maths4
Geology3
I don't know how can he miss Maths from this.
Does any one else heard/faced a similar issue in the past.
What does your attorney say? Respond asap with copies of your transcripts highlighting the maths related courses...
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marty
09-30 09:33 AM
USCIS has updated the processing dates pages of all the four service centers on September 28. Now the pages say that these dates are valid as of July 31, 2008 only.
If I remember well the processing dates information was more up-to-date earlier.
So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.
What can we deduce from this? Is it good? Is it bad? Or no relevance?
It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.
Simply more confusion, as if as it is we were not confused enough.
I just noticed that and was about to make a thread. I remember the dates as of August 15 and not as of July 31, 2008. The processing times from September 15, 2008 can be seen at http://www.aila.org/content/default.aspx?docid=26534. It doesn't look like anything changed in the current update.
If I remember well the processing dates information was more up-to-date earlier.
So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.
What can we deduce from this? Is it good? Is it bad? Or no relevance?
It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.
Simply more confusion, as if as it is we were not confused enough.
I just noticed that and was about to make a thread. I remember the dates as of August 15 and not as of July 31, 2008. The processing times from September 15, 2008 can be seen at http://www.aila.org/content/default.aspx?docid=26534. It doesn't look like anything changed in the current update.
more...
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khris49
10-21 02:12 PM
Hi Khris,
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
yes sir, I do. One with my old employer and the other with my current employer. Thanks for the information
Do you also have 2 PDs in same EB2 category?
I have submitted ombudsman case sheet by mail.
My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.
yes sir, I do. One with my old employer and the other with my current employer. Thanks for the information
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casinoroyale
01-31 02:18 PM
Ok, this is a tough'ie.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
more...
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aroranuj
08-19 10:05 PM
I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
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venky08
09-25 09:50 AM
this is a good find! they need to have 3 year extensions on EAD
They have been talking about this since 2004 - http://www.murthy.com/news/n_extead.html - but nobody has done anything about it as far as I know.
They have been talking about this since 2004 - http://www.murthy.com/news/n_extead.html - but nobody has done anything about it as far as I know.
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dante1271
08-26 12:58 PM
My H1B extension was filed just one day before my I-485 was sent to NSC last July. I was able to get 3 years extension ...my company paid for premium processing though... I think you should be ok with filing the extension. Talk to your lawyer...
:D
This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.
:D
This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.
rique71
05-17 02:43 PM
i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.
ragz4u
02-24 12:46 PM
ragz4u, ...you pipped me to the post..hehe..:)
Thanks, this is very informative!
In any case, as per Shusterman.com, this bill will be tabled to the Judiciary committee on March 2nd. Today is Feb 24th. That leaves us only THREE working days to pass on this information to the committee members. We need to do something drastic to make our point.
All the members of IV, wake up! This is the time to fight. The anti-immigrant lobby will be getting very active in the next few days. We need to do the same
Thanks, this is very informative!
In any case, as per Shusterman.com, this bill will be tabled to the Judiciary committee on March 2nd. Today is Feb 24th. That leaves us only THREE working days to pass on this information to the committee members. We need to do something drastic to make our point.
All the members of IV, wake up! This is the time to fight. The anti-immigrant lobby will be getting very active in the next few days. We need to do the same
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