ngopalak
10-14 11:14 PM
Thanks for the info....sounds like a good idea!....I will ask my lawyer abt this...
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
You can go visit India after your AP has been applied for, and you can ask your lawyer ( if you are using one ) to send the docs to you in India , so that you can come back with the new approved AP, off course you can't enter USA on an expired AP.
My lawyer has confirmed that one is only required to be present in the USA when applying and it's recommended that one is in US when it's approved, but due to the varying time USCIS is taking to process AP applications that is not a requirement and they can forward the documents to someone not in US.
shana04
07-23 12:58 AM
Shana,
Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.
It's simple process.
Thanks
Thanks pcjandyala
Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.
It's simple process.
Thanks
Thanks pcjandyala
kishdam
03-19 12:16 PM
I-140 withdrawal is not mandatory but it's good for both - employer and employee.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
insight08
02-01 02:22 PM
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
--I have experienced this myself. You should be fine. Note in Column 15 is going to protect your case. There are 90% chances of not getting any RFE. Even if you do, any english speaking-reading-writing lawyer should get you out of this by writing a simple letter to the Immigration officer at NSC that they should look at column 15 again. "Any suitable combination of education, training or experience is acceptable".
Relax and enjoy!!!
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
--I have experienced this myself. You should be fine. Note in Column 15 is going to protect your case. There are 90% chances of not getting any RFE. Even if you do, any english speaking-reading-writing lawyer should get you out of this by writing a simple letter to the Immigration officer at NSC that they should look at column 15 again. "Any suitable combination of education, training or experience is acceptable".
Relax and enjoy!!!
more...
maine_gc
02-02 09:08 AM
Thank you all.
I will be looking this site every day as i did before.
Thanks
I will be looking this site every day as i did before.
Thanks
Munna Bhai
04-27 12:11 PM
Hi,
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:
http://www.uscis.gov/files/pressrele...22_091206R.pdf
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
I am in a unique situation as far as capture of earlier PD is concerned.
My company had filed an LC for me in EB3 with PD of Oct '03.
I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.
I have got my I140 approved for the same and also 3yr ext. based on that as well.
My EB3 LC is approved as well now.
My question to somehow capture the PD of my EB3 LC.
Is it possible ? Is anyone in the same boat ?
Regards.
09/12/2006 Michael Aytes Memo, section 22.2(d)(3) page 28:
http://www.uscis.gov/files/pressrele...22_091206R.pdf
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
more...
hello
11-29 02:50 PM
I did not ask a lawyer.I saw this post and just asked the question.Thank You.
gesfox
03-26 09:51 PM
okies, add me please.. thanks!
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jonty_11
10-30 06:21 PM
if they ask explain teh situation calmly....and tell them your attorney has filed to get u a new approval after he dsicovered ur mistake..Keep phone numbers of ur employer, attorney handy if needed to call them and confirm u are legit!!
maddipati1
04-08 06:26 PM
i rub ur wrong side, u rub my wrong side...
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nixstor
01-17 04:07 PM
There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms).
Aren't 1040, 1040 NR, 1040NR EZ different forms?
OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.
www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.
The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.
Aren't 1040, 1040 NR, 1040NR EZ different forms?
OP has to figure out whether he/she is a resident for tax purposes or not. Looking at the 9 months NR status and 3 month H status, it appears to me that the OP has Non Resident status. How ever, IRS publication will determine that correctly.
www.nrtaxreturn.com offers tax preparation for international scholars & students. The web based interview on nrtaxreturn does the residency test as well. At least it did 3 years ago when I helped out some one. AFAIK, Turbo tax does not offer Non Resident support.
The reason why OP got two W-2's is because his employer seems to know that FICA & MQFE should not be deducted from students on F1 status, unless they have been in the country for 5+ years.
varshadas
02-10 05:31 PM
Guys its important to contact your local congressmen. There are a lot of congressmen in your state who are opposed to immigration. Please gather people to contact your local congressmen
more...
reddog
04-08 04:19 PM
All i am asking is the media they know and number of users. I dont know what you talking about.
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
We are IV. I believe that is what chandu meant. Core is just a group of people who incidentally reserved the domain name and configured joomla.
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
We are IV. I believe that is what chandu meant. Core is just a group of people who incidentally reserved the domain name and configured joomla.
desi3933
06-25 02:18 PM
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
more...
pappu
10-23 11:45 AM
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
Yes. Pre-Adjudications can happen regardless (dates current or not). However having a pre-adjudicated file has no consequence on immigration benefits unless your dates are current. When the dates become current for the applicant, the file is pulled for allotment of visa number.
I will correct my post to be more specific.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
Yes. Pre-Adjudications can happen regardless (dates current or not). However having a pre-adjudicated file has no consequence on immigration benefits unless your dates are current. When the dates become current for the applicant, the file is pulled for allotment of visa number.
I will correct my post to be more specific.
onemorecame
08-21 04:12 PM
Interview is not mandatory for I485. Only a small percentage gets the interview call.
Congratulations
Congratulations
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waiting4gc
12-03 01:30 PM
Appointment at Mumbai consulate can take forever. Recently my wife and I went for h1 stamping. For me it took 2.5 hours, for my wife, about 5 hours. It will take you at least an hour to get from the consulate to the airport. I would strongly recommend that you take either a late evening flight or next day. That way you can try to pick up the passport the same day too.
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
raj3078
02-09 09:53 AM
I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights
va2000
10-10 09:30 AM
My lawyer told me that using EAD will not effected H4 status . It is good to get extensions on H4 along with H1 even you use your EAD to be safer side if some thing wrong with 485
gcformeornot
08-14 02:32 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
to send separate checks so they can generate LIN/SRC numbers against each application.:(
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
to send separate checks so they can generate LIN/SRC numbers against each application.:(
tmskhan
05-25 02:18 PM
thanks dude..
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
Yes I contacted one of the agents I found on the internet (mexico assistance) who arranged the trip and the hotel accomodations on both sides of the border. I carried all the documents that are usually asked for stamping but the VO wanted to see only my employement verification letter.
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
Yes I contacted one of the agents I found on the internet (mexico assistance) who arranged the trip and the hotel accomodations on both sides of the border. I carried all the documents that are usually asked for stamping but the VO wanted to see only my employement verification letter.
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