paskal
08-14 04:10 PM
never though i could get so much experience with neurosis (mine and everyone else's) in a such a short time...guess i should thank USCIS- and apply for EB1 as a international expert :D:p
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sertasheep
07-01 06:23 PM
I don't think there's a way one can display the names of the people who participated in this poll.
sat2010
03-05 11:23 AM
Congratulations All , good to know that eb3 to eb2 case is going through.
what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .
Thanks in Advance .
what happens in the case of eb2 i140 denial for the existing eb3 case (i140 approved and i485 pending ) with the same employer .
Thanks in Advance .
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h1techSlave
03-17 04:22 PM
Some lenders do not lend to H1/EAD. So if the cheapest lender happens to not accept H1/EAD, then you did not get the cheapest rate.
In your case Wells Fargo happened to have the cheapest rate and they were also accepting H1.
I am on the look out for a loan currently. The guy with the cheapest rate (around 4.8%) does not give loans to H1/EAD folks. So I am forced to go with a guy who is accepting H1/EAD, but the rate is 5%.
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
In your case Wells Fargo happened to have the cheapest rate and they were also accepting H1.
I am on the look out for a loan currently. The guy with the cheapest rate (around 4.8%) does not give loans to H1/EAD folks. So I am forced to go with a guy who is accepting H1/EAD, but the rate is 5%.
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
more...
roseball
07-18 03:21 AM
Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....
s_r_e_e
08-13 06:20 PM
1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
DOL guys seem to know what they are doing.
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
DOL guys seem to know what they are doing.
more...
GCSOON-Ihope
12-14 02:43 PM
Where can we find information for e filing EAD/AP Renewals ?
Follow this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3fe194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
Follow this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f3fe194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
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itstimenow
08-08 01:50 PM
Does arrest for driving with suspended license (License suspended for non payment of ticket) come under traffic violation? Any insight would be much appreciated.
Arrest is arrest.. doesn't matter.. you can still confirm with immigration lawyer.. but showing all evidences and proof of expungement.. u shud be fine. is it a misdemeanor??????
Arrest is arrest.. doesn't matter.. you can still confirm with immigration lawyer.. but showing all evidences and proof of expungement.. u shud be fine. is it a misdemeanor??????
more...
hopelessGC
04-28 12:02 PM
I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
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kartikiran
01-14 10:41 AM
Paper filed AP in TSC on Oct 28th 2009 & received the document on Dec 24th 2009 by mail.
Hope that helps.
Hope that helps.
more...
smisachu
12-19 10:26 AM
Do we have to carry all the Tax filing papers or just W2 is good enough?
I am planning to go for stamping in Jan. Thanks in advance for the input.
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
I am planning to go for stamping in Jan. Thanks in advance for the input.
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
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jaggu bhai
07-27 12:04 PM
LongGCQ
Thanks to share ur experience and knowledge.
Frankly speaking we are interested in utilising time effectively, rather than studying hard to get a MS. On the basis of her health grounds, she cannot attend the college.
Regarding fees, smaller college fees is around 6k, where as big name colleges around 13k,
smaller colleges are easy to get results.
We wanted to utilise OPT in the future, so we may have to incline towards F1!!!
Thanks to share ur experience and knowledge.
Frankly speaking we are interested in utilising time effectively, rather than studying hard to get a MS. On the basis of her health grounds, she cannot attend the college.
Regarding fees, smaller college fees is around 6k, where as big name colleges around 13k,
smaller colleges are easy to get results.
We wanted to utilise OPT in the future, so we may have to incline towards F1!!!
more...
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sammyb
02-13 02:49 PM
read it ...
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pragir
07-16 04:35 PM
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
Is this possible?
more...
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saint_2010
08-13 11:31 AM
What makes you think in this Direction ?
nothing seems to be moving forward...and this is the last week for Aug 17th...so the more # of rejections/denials without possibility to reapply/re-appeal the less burden or number of applications they will have to process...my thoughts!
nothing seems to be moving forward...and this is the last week for Aug 17th...so the more # of rejections/denials without possibility to reapply/re-appeal the less burden or number of applications they will have to process...my thoughts!
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vishwak
11-23 10:59 AM
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
If any RFE comes, new company should be able to support as per job description/title in Labor which they won't I believe.
2. Temporary resignation and rejoining - is it really feasible?
I don't think you need to resign something in particular.
You can work with SAP company and when your date is becoming current move to QA Company and you should be good. Its like filing AC-21 to SAP company and again filing AC-21 to QA Company.
I know lot of people do this who are working on EAD. Generally you know your date will be current in next year. So you can work for SAP untill June/july-2011 and then move back to QA Company before date becomes current.
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Your choice and lets wait for some Guru's answers.
If any RFE comes, new company should be able to support as per job description/title in Labor which they won't I believe.
2. Temporary resignation and rejoining - is it really feasible?
I don't think you need to resign something in particular.
You can work with SAP company and when your date is becoming current move to QA Company and you should be good. Its like filing AC-21 to SAP company and again filing AC-21 to QA Company.
I know lot of people do this who are working on EAD. Generally you know your date will be current in next year. So you can work for SAP untill June/july-2011 and then move back to QA Company before date becomes current.
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Your choice and lets wait for some Guru's answers.
more...
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pragir
07-16 04:35 PM
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
Is this possible?
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Dhundhun
05-21 08:03 PM
When LUD?
What is soft LUD? what is Hard LUD?
LUD = Last update date by USCIS
Soft LUD = status did not change due to update
Hard LUD = status changed, if registered, email will be sent.
Registration process:
1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
2. Add cases to your portfolio, in list display it will have the following columns
....Receipt Number
....E-mail
....Last Updated (by USCIS)
....Form #
....Title
The Last Updated above is LUD.
What is soft LUD? what is Hard LUD?
LUD = Last update date by USCIS
Soft LUD = status did not change due to update
Hard LUD = status changed, if registered, email will be sent.
Registration process:
1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
2. Add cases to your portfolio, in list display it will have the following columns
....Receipt Number
....Last Updated (by USCIS)
....Form #
....Title
The Last Updated above is LUD.
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srarao
07-23 11:30 AM
Hi
Just to know who signed ur I-485 at NSC
Just to know who signed ur I-485 at NSC
immilaw
09-18 04:13 PM
If your employer has applied H1B on your bachelor degree then you are EB3 but it can change if you have BS+5yrs Experience before filing LC ..
As of now you are EB3
Correct me guys if i am wrong
H-1B is a specialty occupation requiring a B.S. degree. So H-1B will always be filed on the basis of B.S. It has nothing to do with the LC.
As of now you are EB3
Correct me guys if i am wrong
H-1B is a specialty occupation requiring a B.S. degree. So H-1B will always be filed on the basis of B.S. It has nothing to do with the LC.
somegchuh
08-22 12:41 PM
I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
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