LondonTown
05-23 12:21 PM
Only one application is needed.
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
I was in the same situation several years ago and I personally filed ONLY ONE I-129 requesting 'recapture the time' and 'extension of stay' for 7th year.
Your LCA's and I-129s end date should be the date after one year plus days to recapture.
Since USCIS has returned your one year application, you may want to check the end date of the application that USCIS has kept for processing. If the end date is not greater or equal to at least 1 year then there is an issue.
Mr Aggarwal, you might remember you gave me suggestion of going out of US for few days and then my employer can apply 2 I-129 applications simultanously.
Here was my case : I am on H-1B status since May 2005 and my 6 years expired on 12th May 2011. My employer applied for LC on 15th May 2010 which is still pending ( under audit ). In order for us to seek 7th year extension, I went out of US for 4 days and came back bcz I have to be in status on the day my labor was going to be 365 days pending. My employer filed two I-129 applications, ( both applications under normal processing) one for seeing 4 days to recoup, and 2nd application for 7th year extension But USCIS sent 2nd application back alongwith fee and gave us only 1 file number. Why is that?
Is it because they can accept only 1 application at a time( for 4 days extension) and wont entertain 2nd application unless 1st has been decided?
Or .. Are they going to do processing for whole 1 year and 4 months in same application and returned the extra fee of 2nd application?
I am confused now, because what if they are processing only 1st application and give me just 4 day extension after 2 months. Also, shall my employer be able to file 2nd application after 2 months when I am out of status ?
Please help .
ksarin1
01-13 11:25 AM
Hello folks -
I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.
I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.
Do you think showing business income on form 1040 will have any impact on the processing of I-485?
Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.
Thank you!
I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.
I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.
Do you think showing business income on form 1040 will have any impact on the processing of I-485?
Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.
Thank you!
pak
10-08 03:22 PM
I am on F-1 applied I-485 and I-765 (EAD) on July 3 but there is no RN till yet. Can I apply for OPT-EAD which USCIS process in 11 weeks?????
willgetgc2005
03-23 03:05 PM
I am in San Diego. I can meet lawmakers here.Pls let me know. Has core team already woprked on CONGRESSMAN BILBRAY as he is the head of the immigration committee ?
I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
I've just got all the info for setting up conference call and meeting with the lawmakers "info" kit.
Once I've digested the contents of both, I'll be setting up a call, probably early next week. Here is the IV lawmaker kit http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
Any help on this would be appreciated, since I'm feeling a little overwhelmed with info! Volunteers for meeting people with me would also be great
I'll post to the yahoo group shortly.
Here're the details on NC_Immigration_Voice:
Group home page: http://groups.yahoo.com/group/NC_Immigration_Voice
Group email address: NC_Immigration_Voice@yahoogroups.com
It is our time to seize the reigns and kick start some momentum
more...
needhelp!
10-19 10:39 PM
bump
gcwaiting17
08-07 02:28 PM
We are in the same situation. My husband got the renewed EAD. But i am still waiting for mine. My EAD expires on Sept. 10th.
more...
asanghi
03-23 02:37 PM
I live in South Bay. Please let me know how can I help?
THanks
THanks
vjone
04-09 05:19 PM
OP has asked a simple question, If you can answer it in simple manner do it. If not do not even respond to it.
If you think you are real smart then act like one instead posting you irrelavant comments here.
If you think you are real smart then act like one instead posting you irrelavant comments here.
more...
krishnam70
02-22 11:45 PM
hi,
My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.
Around 3 months back i joined a company as a permanent employee using my EAD.
I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.
I recently got an update on my H1 application with the following message.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
I am assuming it has to do with cancellation of my H1.
I am not sure if my I140 is cancelled or not.Is there a way i could check this?
I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?
Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.
Since i was without project for a long time, i had to join the new job using EAD.
Please let me know your opinions.
First speak to your employer if they
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.
Around 3 months back i joined a company as a permanent employee using my EAD.
I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.
I recently got an update on my H1 application with the following message.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
I am assuming it has to do with cancellation of my H1.
I am not sure if my I140 is cancelled or not.Is there a way i could check this?
I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?
Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.
Since i was without project for a long time, i had to join the new job using EAD.
Please let me know your opinions.
First speak to your employer if they
a) sent a cancellation for H1B
b) If they received any notice from USCIS/request for information or if they have any information about this
c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.
Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them
- good luck
kris
lacrossegc
08-13 12:28 AM
Yep congratulations indeed
more...
mirchiseth
10-07 11:47 PM
May be I am reading it incorrectly. But this news (http://www.livemint.com/2008/10/08001058/Govt-mandates-EPF-for-foreign.html?h=A1) concerns me
New Delhi: The labour ministry has made it mandatory for international workers � both Indians working outside the country and non-Indian citizens working here � to contribute 12% of their salary (matched by an equal amount from the employer) to the Employees� Provident Fund Organisation (EPFO), irrespective of the contributions they may be making to such schemes in other countries.
Does this mean that now if I am working for a US based company, they would have to contribute to Indian EPF on my behalf. That would put a lot of burden on them and essentially give them a dis-incentive to not hire Indian workers.
What are your interpretations?
New Delhi: The labour ministry has made it mandatory for international workers � both Indians working outside the country and non-Indian citizens working here � to contribute 12% of their salary (matched by an equal amount from the employer) to the Employees� Provident Fund Organisation (EPFO), irrespective of the contributions they may be making to such schemes in other countries.
Does this mean that now if I am working for a US based company, they would have to contribute to Indian EPF on my behalf. That would put a lot of burden on them and essentially give them a dis-incentive to not hire Indian workers.
What are your interpretations?
boldm28
05-19 11:35 AM
According to murthy, several of these cases were tied to companies that are under fraud investigations
MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)
this company is def not under fraud investigations .. this company has operations in asiapac/ europe/Canada .. and is among the top level companies like info and hcl ..
believe me those ICE officers would grind u down in a minute .. put yourself in the victims shoes .. and i am sure they(CBP) said ok you dont want to sign this document .. lets take you guys to the holding cell and u can wait for your turn ( whenever that comes) in front of the judge .. that can take 90 days .. nobody wants to go that route
MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)
this company is def not under fraud investigations .. this company has operations in asiapac/ europe/Canada .. and is among the top level companies like info and hcl ..
believe me those ICE officers would grind u down in a minute .. put yourself in the victims shoes .. and i am sure they(CBP) said ok you dont want to sign this document .. lets take you guys to the holding cell and u can wait for your turn ( whenever that comes) in front of the judge .. that can take 90 days .. nobody wants to go that route
more...
webm
12-15 06:50 PM
my last FP (which was my first one) was done in Feb 2008.
Still Wondering why would they sent so early:(..never understand crazy CIS and its dynamic policies..
Still Wondering why would they sent so early:(..never understand crazy CIS and its dynamic policies..
stuckinmuck
02-09 09:33 PM
I will help with drafting something. Any more guidance on what needs to be included? Also, can we have a 'editor' who can help with finalizing the letters? Somebody who has good English speaking skills and is good at weeding out unnecessary stuff from the letters.
We also need to get hold of solid numbers which would justify not having this amendment. In this economic climate, people might wonder why new H1B hires are required.
We also need to get hold of solid numbers which would justify not having this amendment. In this economic climate, people might wonder why new H1B hires are required.
more...
monkeyman
08-29 02:05 PM
I checked my bank account today. The checks got encashed.
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
Nothing so far - lawyer says not one check is encashed so far -
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
Nothing so far - lawyer says not one check is encashed so far -
sri1309
02-11 07:48 PM
Guys,
I just wanted to see if I can make a point with my thread and hence gather some support for the common cause,. ease the pain for EB2/EB3 guys.
I started this thread a month back. So how many of you, or those you know, lost their jobs in the last one month. Just a study. And wanted to press on the same point as the 1st post I did.
If you had lost a job, would you do more now to high light our problems..and participate more.. ??
I just wanted to see if I can make a point with my thread and hence gather some support for the common cause,. ease the pain for EB2/EB3 guys.
I started this thread a month back. So how many of you, or those you know, lost their jobs in the last one month. Just a study. And wanted to press on the same point as the 1st post I did.
If you had lost a job, would you do more now to high light our problems..and participate more.. ??
more...
ronhira
10-05 09:34 PM
Neil, Hoffman, Greg, IIya, ,
we will all love you.... and thank you for showing us the light..... to make this world a better place.....
THANK YOU
we will all love you.... and thank you for showing us the light..... to make this world a better place.....
THANK YOU
kutra
03-05 07:26 PM
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Yup, unfortunately, pregnancy is considered to be a pre-existing condition which is automatically disqualified by most insurers. Obama's healthcare would remove this sickening clause, but until then your options are (1) keep trying until you find an insurer willing to pay for the expenses or (2) fund it out of your own pocket or (3) deliver the baby in your home country.
I would go for #1 or #2.
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Yup, unfortunately, pregnancy is considered to be a pre-existing condition which is automatically disqualified by most insurers. Obama's healthcare would remove this sickening clause, but until then your options are (1) keep trying until you find an insurer willing to pay for the expenses or (2) fund it out of your own pocket or (3) deliver the baby in your home country.
I would go for #1 or #2.
ASR
07-08 03:22 PM
Congrates Man
what is your EB category and PD?
Jan 23 2004 EB2
what is your EB category and PD?
Jan 23 2004 EB2
Ivyleaf
10-20 04:10 PM
right on i got a vote!
btw, GJ phat. no shame in being beaten by an chick. (at least if shes nekkid) :P
btw, GJ phat. no shame in being beaten by an chick. (at least if shes nekkid) :P
jasonmc86
07-27 06:45 AM
I've done alot of debugging to try figure the problem... (.show()) isn't a method inside the openFileDialog class...?
-The main thing i'm found when debugging is that when the openFileDialog is used to do anything in my program even if i don't use any information from it it doesnt write my TEST data to a xml file or any other methods i use to write an xml file... eg.
When i run these lines in conjunction to the rest of my code
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
Commenting out the openFileDialog and just storing a random file name then the rest of my program (eg. writing the xml file and info wanted) works however when i get the file name from the openFileDialog it doesn't let me write any Xml files even ones i have working already.
If anyone has had the same error or has knowledge please reply cheers
eG this code ive tested and it does the job but i want the user to be able to select a file using a dialogBox... NOTE green is commented
switch (tabControlSelector.TabPages[tabControlSelector.SelectedIndex].Text)
{
case "Images":
DialogAddTo.Title = "Add Image to Dir to view";
DialogAddTo.InitialDirectory = "E:\\Images\\";
DialogAddTo.Filter = "JPG| *.jpg";
DialogAddTo.Multiselect = false;
DialogAddTo.ShowDialog();
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
DialogAddTo.Dispose();
if (true)
{
viwDataDS.imagesTable.AddimagesTableRow(fileNameTo Add.Substring(fileNameToAdd.LastIndexOf("\\") + 1).ToString(),
fileNameToAdd.ToString(),
DateTime.Now);
viwDataDS.imagesTable.WriteXml("test.xml", XmlWriteMode.WriteSchema);
}
else
{
MessageBox.Show("That Image Already Exists");
}
break;
case "Videos":
break;
-The main thing i'm found when debugging is that when the openFileDialog is used to do anything in my program even if i don't use any information from it it doesnt write my TEST data to a xml file or any other methods i use to write an xml file... eg.
When i run these lines in conjunction to the rest of my code
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
Commenting out the openFileDialog and just storing a random file name then the rest of my program (eg. writing the xml file and info wanted) works however when i get the file name from the openFileDialog it doesn't let me write any Xml files even ones i have working already.
If anyone has had the same error or has knowledge please reply cheers
eG this code ive tested and it does the job but i want the user to be able to select a file using a dialogBox... NOTE green is commented
switch (tabControlSelector.TabPages[tabControlSelector.SelectedIndex].Text)
{
case "Images":
DialogAddTo.Title = "Add Image to Dir to view";
DialogAddTo.InitialDirectory = "E:\\Images\\";
DialogAddTo.Filter = "JPG| *.jpg";
DialogAddTo.Multiselect = false;
DialogAddTo.ShowDialog();
//DialogResult result = DialogAddTo.ShowDialog();
String fileNameToAdd = "E:\\blah";
//String fileNameToAdd = DialogAddTo.FileName;
DialogAddTo.Dispose();
if (true)
{
viwDataDS.imagesTable.AddimagesTableRow(fileNameTo Add.Substring(fileNameToAdd.LastIndexOf("\\") + 1).ToString(),
fileNameToAdd.ToString(),
DateTime.Now);
viwDataDS.imagesTable.WriteXml("test.xml", XmlWriteMode.WriteSchema);
}
else
{
MessageBox.Show("That Image Already Exists");
}
break;
case "Videos":
break;
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