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abhijitp

12-19 07:39 PM

Attorney suggested to follow up with FP second time also and said we will be asked by USCIS which application to keep. Is this true?
Not true. They won't ask you anything. I would get my FP done. Then have your attorney write a letter to the USCIS explaining why you submitted two AOS applications, then asking them to keep any one "approvable" of the two AOS applications you submitted. This, I was told by an attorney during a private consultation call. Hope this helps. Best advice is, please consult an attorney:)

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xbohdpukc

03-06 06:29 AM

Totally disagree. Only a small %age of employers pay the fees, rest is all borne by the applicant. This includes universities, companies etc. There are so many components of fees that everything is not covered by employer.

Do most of the companies cover EAD (every year), Adv. parole (every year), I 485 etc.. fees. The arguemnt given by USCIS (read their website) for I 485 increase is that it will be processed in 6 months and therfore no need to apply for EAD and AP fees. The argument is fallible is that it does not counts retrogression adn name check, it is simply assumed everyone will get their I485 processed in 6 months.

They are not using technology (because they can't hire more H1b and softwarre professional) but using the excessive money to support theeri old fashioned systems.

What a mess 180% fees increase on most of the applications?

I guess I am that lucky that my employer pays all the fees afterall. I also think it's a good idea to make it mandatory for the employers to carry the burden of the fees, at least through the I-485 filing process. Then if they refuse -- they definitely don't need a foreign laborer that much as they claim, it's only fair.
But then again, opposition to the fees increase coming from the most well off group of prospective immigrants doesn't really pass a laugh test, especially with such immigration opponents as Sen. Sessions and Co. "If you are saying that you are here to contribute to our country and its economy -- start with the fees, please". I think that voicing too much opposition to the fees increase will only further alienate the coming immigration debate. We don't need it, it's gonna be tough enough without a cat fight over the fees matter.

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pappu

12-30 11:10 PM

Happy Birthday IV !!!!

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kaisersose

07-27 11:30 AM

Guys�

Urgent advise is required.

My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:

a) I moved to a different state and, (My work location on PERM is California).
b) If I will be getting less salary than what�s mentioned on my PERM

Thanks much,

a) As long as the company Head office does not move and that is where your Labor was filed, you are OK.

b) You can get lesser salary now. But if USCIS interviews you, you should have an offer letter with salary greater than or equal to PERM salary. In other words, your employer should not pay you lesser than PERM salary once you get the GC. of course, marginal differences may not be a problem.

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HOPE_GC_SOON

08-04 02:36 PM

Gurus / Recent GC Awardees:

Can you clarify if the following Sequence of GC Issuance PRocess is correct, once Approval process is going on .

1) Online LUD on Cases "Card Production Ordered" and subsequent Email.

2) Online LUD Change as "Welcome Notices Sent" and Emails.

3) Receiving the Paper WelcomeNotices (Are these Notices are deemed to be I485 approval notices ?? I have not yet received them)

4) Receiving the Cards.

Then What is "ADIT Processing" ? they mentioned in the Welcome Notices sent email.

Any Info or guidance from Peers is highly appreciated . :)

Thanks,

My 485 approval process is going on. and above Two Steps were done. :) after a wait of 5 years.

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bkn96

02-18 02:09 PM

oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...

so, this is real cool... thanks for sharing your info...

My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.

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hnordberg

July 15th, 2004, 11:55 AM

Wow! That is an amazing image!

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GotGC??

03-27 02:09 PM

You missed the sarcasm, never mind :)

Yes, depending on how the educational requirements in your LC is worded - I mean right down to the last word - it just might leave you with some room for manoeuvre.

Yes. I have paid quite amount of money to fill the PERM application.
So, what you are saying that I actually can continue the process?

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pranavgandhi

07-16 12:59 PM

IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.

If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.

Is there offered salary criteria associated with this category?

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pratikgr

08-09 08:55 AM

Hey ..You could take GMAT training or something from Kaplan which issues F-1 Visa for 3 months which is the duration of the course. 20 hours of mandatory attendence is there per week and you cannot work during that time....but you are covered legally. First get an F-1 and then apply for a H-1. I did this in 2004.

Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?

Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.

Yes marriage is another option, but only 50% is in my hand for this option.

Please please guys, get me some way out of this situation.

Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.

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panini

07-06 02:14 PM

I guess not, if it is legal!
Just don't shoot anybody now. That might have a negative impact!!! :D

Guys lets not piss off bharol. He's got a gun!!!!

Hi,

I have Green card. I was wondering if owning a Gun legally can have any implications in getting citizenship later.

I found that in California, where I live, it is legal for non-citizens to own a gun.

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gatsat

10-08 03:23 PM

No. Is there any way to get it delayed till my marriage ?

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sertasheep

07-26 09:55 PM

Nice.

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coloniel60

06-29 03:29 PM

You will find very few insurnce companies willing to provide coverage for a pregnant lady and even if they cover it they won't cover much. You will still end up paying most of it.

Your best bet is to convince your employer to add your spouse to your insurance and pay him the insurance amount. Most employer sponsored health plans allow dependents. Talk with your HR or call the insurance company directly and ask them if you can add dependents to your insurance. Don't mention that your wife is pregnant.

If you are able to add your wife to your insurance then they can't deny benifits for pregnancy as pre-existing. Pregnancy is not a pre-existing condition. They will have to cover it. So the best and cheapest for you is to somehow get her added to your empler sponsored insurance.

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anilsal

01-20 08:56 PM

A passport is provided to an individual as a sign of his citizenship.

I wonder why they are doing 1 year passports.

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amsgc

03-31 06:03 PM

I hate to be nitpicky here, but that is not what Ronnie said.

Ronnie stated in no uncertain terms that "Immigration and Tax Filing are not at all related". This statement, in any which way you look at, is factually incorrect. Unfortunately it perpetuates the misconception that your non-immigrant status (which is an integral topic in the subject of immigration) has nothing to do with your taxes. In fact, many people often make this mistake, only to be corrected when presented with the 1040 instructions, and Publication 519.

If Ronnie had said something to the effect that filing jointly or separately will not have an affect on your immigration status or Green Card application, then I might not have objected. However, it should be filed in compliance with the law.

I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !

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WeShallOvercome

08-03 12:55 PM

You are a jack ass


What kind of a person would reply with "You are a jack ass" to some one saying

"Apology accepted and now i ask you to contribute for DC rally.....will you do that?

Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.

I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.
"

We all now know who is what !

Peace and Am not visiting this thread anymore or any other started by the author of this one !

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JunRN

08-11 06:00 PM

True. But USCIS doesn't care anymore because I-140 is already approved. The ability to pay is for I-140, not for AOS. There is no point for USCIS to get the ability to pay for AC21 cases because the adjudication is based on the approved I-140. If you will read the USCIS guidelines on this, it explains the reasons why.

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immi_2006

01-16 01:21 PM

I may be wrong but i read on murthy that in the 6 years of H1 if you are out of the country for few days/months/years you can file H1B as a new H1 claiming missed days/months/years. (note: your H1 will be valid for only those missed period and not another 6 years) If it is for few days/weeks it is not worth to file for recapturing.

This option was given in murthy.com for people who are on EAD and then their 485 application gets rejected. In order to extend their status for few more months they can apply for recapturing of missed period.

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krustycat

03-11 09:12 AM

Anyone Know How To Start New Thread?
Use New Thread button
http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.


How does USCIS know about salary ?
They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.

485 non-concurrent check list:

1. copy of all of the pages of the Passport (valid for 6 months or longer);
2. Copy of recent I-94, Arrival/Departure Record, front and back side;
3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
4. Copy of I-20 (s), student visa, if applicable;
5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
9. Medical Examination including immunizations in a sealed envelope;
10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
11. Marriage Certificate (original language and translated if language is different than english), if applicable;
12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
13. Photographs (4) from each applicant

IRS also send the w2 information to USCIS? No.

whats the criteria of judging the salary? Is it w-2 or pay stub ?
Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.

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gsc999

01-21 01:36 AM

Thanks everyone who showed up. We actually did better than we had expected.

A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.

Go NORCAL, go IV!
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Update: We have 10 more. That takes the total to 65.

Cheers!

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