hopefulgc
01-26 02:33 PM
Sounds like a far shot.. but if government can start distributing money.. why in the name of all that is Holy can they not do this:
"All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.
After all these is something called as 'GC by investment'. Why not something in between?
The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.
<EOM>
"All pending immigration adjustment applications get expedited with an appendage clause that the beneficiaries need to express commitment to staying in US by buying a residence."
How will that not help the ailing real estate market? I know this idea has been shot down gazillion times ... but we need to really stop looking through the cloudy kaliedoscope to atleast give this idea the merit it deserves.
After all these is something called as 'GC by investment'. Why not something in between?
The good part is that then anybody opposing this would then be indirectly opposing the future and much needed growth in US.
<EOM>
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TomPlate
07-05 12:47 PM
Did you guys called... Senior Members please call or search from
www.switchboard.com
www.switchboard.com
bbct
01-22 03:13 PM
Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.
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GCMATRIX
08-22 09:10 PM
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card
Please can you tell me which service centre i yours . I also got CPO mail on 08/14 and 08/15 and on 08/19/ I-485 approval sent by mail and soft lud on 08/20 ,but no physical card
more...
yganreddy
09-16 12:11 AM
Also I suggest to take an infopass and explain the situation to officer. Take a printout of approval mail and give a try.
gc_check
02-13 04:34 PM
Hello All,
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.
more...
fromnaija
07-23 12:45 AM
CSPA is the law that tries to protect dependant children from aging out. If you are over 21 at the time priority date becomes current, USCIS will deduct from your age the time I-140 was pending. Howver, if your age is more than 21 even after all the calculations, then your application will be converted to family-based. This will mean you will not be getting your green card very soon. I believe that in your case you should be eligible for an immigrant visa given the data you provided.
yes we already have an attorney in US
i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?
what is the solution then?
does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?
yes we already have an attorney in US
i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?
what is the solution then?
does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?
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mrane1
10-26 03:39 AM
???like a week before?
My wifes date was sept 13, mine was 15th... I never received the original copy of FP.. Howevr my lawyer received it and she send a me copy. She told me the copy should be fine... when I went there on the 13th the security guy wouldnt allow me saying my date was sept 15th and that I didnt have original copy :rolleyes: I said my lawyer told me that a copy should be ok. He said your lawyer is not incharge of doing FP. :mad: I said I want to talk to an officer... There was an officer who was watching this... he told the guard to let me in... After that it was all smooth sailling... was done with my FP in about 15 mins... Received approval notice on 16th (Yes 3 days!!!) Had my gc on 18th!:D My wife who is the secondary got 2 LUDs on her 485 but no approval... I guess she is stuck in the name check... what is strange is that most ppl who have their approvals have their EADs and APs rejected! In my case however they send both last week... over a month after 485 approval :rolleyes:
My wifes date was sept 13, mine was 15th... I never received the original copy of FP.. Howevr my lawyer received it and she send a me copy. She told me the copy should be fine... when I went there on the 13th the security guy wouldnt allow me saying my date was sept 15th and that I didnt have original copy :rolleyes: I said my lawyer told me that a copy should be ok. He said your lawyer is not incharge of doing FP. :mad: I said I want to talk to an officer... There was an officer who was watching this... he told the guard to let me in... After that it was all smooth sailling... was done with my FP in about 15 mins... Received approval notice on 16th (Yes 3 days!!!) Had my gc on 18th!:D My wife who is the secondary got 2 LUDs on her 485 but no approval... I guess she is stuck in the name check... what is strange is that most ppl who have their approvals have their EADs and APs rejected! In my case however they send both last week... over a month after 485 approval :rolleyes:
more...
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sam_hoosier
11-27 04:25 PM
USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
The EAD/AP renewal business is a cash cow for USCIS, and they will not do anything to jeorpardize that.;)
Result - status quo :p
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
The EAD/AP renewal business is a cash cow for USCIS, and they will not do anything to jeorpardize that.;)
Result - status quo :p
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gcgreen
10-08 02:37 PM
You do have to pay taxes on any dividends you earn. Your brokerage firm will send you an 1099 form at the end of the year detailing your income.
If you do sell stocks and otherwise have capital gains or losses to report, you will typically file a Schedule-D form along with your 1040.
To my knowledge, as long as you are a "passive" investor, there is no problem with investing. You cannot be an "active" investor when on H1-B, unless you have another H1-B that supports your "active" investment activities. Put simply, if you are buying stocks and holding on to them for a period of time before you sell, you are fine. But if you plan on becoming a day trader (very good time right now to make and lose money, with all this volatility) then you likely are an "active" investor.
I am not a lawyer, and the above is my common sense understanding.
One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...
If you do sell stocks and otherwise have capital gains or losses to report, you will typically file a Schedule-D form along with your 1040.
To my knowledge, as long as you are a "passive" investor, there is no problem with investing. You cannot be an "active" investor when on H1-B, unless you have another H1-B that supports your "active" investment activities. Put simply, if you are buying stocks and holding on to them for a period of time before you sell, you are fine. But if you plan on becoming a day trader (very good time right now to make and lose money, with all this volatility) then you likely are an "active" investor.
I am not a lawyer, and the above is my common sense understanding.
One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...
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Raydred
11-18 02:37 AM
I voted for Bob.
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archpai
12-16 09:16 PM
There is on Ajay chaudhury in houstan.
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lacrossegc
07-30 04:54 PM
It seems that USCIS posted new versions of I765 dated (07/30/2007)N.
Looks like it is a required form and older versions are not accepted....!!!!!
:mad: :mad: :mad: :mad:
Disgusting .... I hope that USCIS issues a statement and allows for people who have already submitted or ready to submit before Aug 17th to use old forms
Filing Fee :
$340
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
Looks like it is a required form and older versions are not accepted....!!!!!
:mad: :mad: :mad: :mad:
Disgusting .... I hope that USCIS issues a statement and allows for people who have already submitted or ready to submit before Aug 17th to use old forms
Filing Fee :
$340
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
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coopheal
01-02 06:34 PM
nice....
akred's reasoning is flawed.
no way without getting a law, priority date are going to improve.
akred's reasoning is flawed.
no way without getting a law, priority date are going to improve.
more...
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greatguy
02-16 11:42 AM
I know 485 cannot be filed without PD being current. Can one do consular processing without being dependent on PDS:p
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purgan
05-01 08:39 PM
Today, Robert Rector, the immigration guru at the conservative Heritage Foundation testified before the House Judicary Immigration Subcommittee.
It should be mentioned that Rector is the ideological guru of immigration restirictionists like Loo Dobbs, NumbersUSA, FAIR, CIS, Jeff Sessions and Tom Tancredo (I bet we'll remember these names in the years to come...).
The full testimony is interesting, but this was this conclusion
http://judiciary.house.gov/media/pdfs/Rector070501.pdf
In the future, U.S. immigration policy should encourage high-skill immigration and strictly limit low-skill immigration.
"It is sometimes argued that since higher-skill immigrants are a net fiscal plus for the U.S. taxpayers while low-skill immigrants are a net loss, the two cancel each other out and therefore no problem exists. This is like a stock broker advising a client to buy two stocks, one which will make money and another that will lose money. Obviously, it would be better to purchase only the stock that will be profitable and avoid the money losing stock entirely."
So, the question is: Will the restictionists now support backlog relief for us High Skill Immigrants?
NO.....you wanna know why? (hint: read Ruben Navarette's column for CNN today)
It should be mentioned that Rector is the ideological guru of immigration restirictionists like Loo Dobbs, NumbersUSA, FAIR, CIS, Jeff Sessions and Tom Tancredo (I bet we'll remember these names in the years to come...).
The full testimony is interesting, but this was this conclusion
http://judiciary.house.gov/media/pdfs/Rector070501.pdf
In the future, U.S. immigration policy should encourage high-skill immigration and strictly limit low-skill immigration.
"It is sometimes argued that since higher-skill immigrants are a net fiscal plus for the U.S. taxpayers while low-skill immigrants are a net loss, the two cancel each other out and therefore no problem exists. This is like a stock broker advising a client to buy two stocks, one which will make money and another that will lose money. Obviously, it would be better to purchase only the stock that will be profitable and avoid the money losing stock entirely."
So, the question is: Will the restictionists now support backlog relief for us High Skill Immigrants?
NO.....you wanna know why? (hint: read Ruben Navarette's column for CNN today)
more...
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Raj_2009
08-18 09:16 PM
Hi Experts,
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
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nb_des
09-27 02:31 PM
According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?
A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.
CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.
If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.
We recommend that an applicant keep at least a copy of the I-140 approval notice.
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gc_dream07
03-04 05:14 PM
I think you can do some community service. Check with public library or school.
willgetgc2005
04-25 10:07 AM
dilbert,
I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?
__________________________________________________ _________
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?
__________________________________________________ _________
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
GC_ki_daud
03-13 03:17 PM
bump
Please help with a reply
Please help with a reply
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