pd_recapturing
03-10 08:59 AM
How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.
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willigetagc
08-17 02:32 PM
just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
anilsal
12-21 12:00 AM
how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#
please help
Can't he not give you a copy of the I140 approval? That will have the case number. Something like, LINxxxxxxx
please help
Can't he not give you a copy of the I140 approval? That will have the case number. Something like, LINxxxxxxx
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somegchuh
09-22 06:54 PM
Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
more...
InTheMoment
08-10 06:09 PM
This is not a proposal for a new law but regulations by the administration within the bounds of the current law.
My humble suggestion: Please do your homework before voicing your opinion.
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
My humble suggestion: Please do your homework before voicing your opinion.
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.
Dhundhun
07-21 05:59 PM
I assume he can use the AP after October 2008 for his travel--correct?
As as dated Oct 12, 2008, on or after this date.
As as dated Oct 12, 2008, on or after this date.
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sunflowershower
12-03 11:52 PM
First, thank you all for your kind and fast replies,
My family's I-140 was passed and we've finish all the stages, except for the I-485 at this point (it is under 'pending'). I also have work permit/authorization. I am pretty sure they are using the age of the visa availability date at the time the Form I-485 was filed (I was 19 at that time).
I understand I can travel abroad if I file for AP but that's only for 1 year, is there any other way that allow me to go abroad for 1 and half year?
But I'm assuming it is better not to leave US while I-485 is still in process? :(
What are my chances of getting I-485 approved? I have heard some incidence where under (seemingly) similar situation, only the parents' I-485 got passed but their older child (who passed 21) got denied.
My family's I-140 was passed and we've finish all the stages, except for the I-485 at this point (it is under 'pending'). I also have work permit/authorization. I am pretty sure they are using the age of the visa availability date at the time the Form I-485 was filed (I was 19 at that time).
I understand I can travel abroad if I file for AP but that's only for 1 year, is there any other way that allow me to go abroad for 1 and half year?
But I'm assuming it is better not to leave US while I-485 is still in process? :(
What are my chances of getting I-485 approved? I have heard some incidence where under (seemingly) similar situation, only the parents' I-485 got passed but their older child (who passed 21) got denied.
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Ann Ruben
06-25 10:51 AM
Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.
Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.
Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.
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pankajkakkar
09-14 03:59 PM
And several other anti-immigrant newsletters/blogs have been talking about this today.
This particular amendment should be brought up during lobby day. Those of us not making it to the rally should be calling Congressmen to ensure that this amendment passes!
This particular amendment should be brought up during lobby day. Those of us not making it to the rally should be calling Congressmen to ensure that this amendment passes!
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dipu76
06-01 05:53 PM
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
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gcdreamer05
07-03 02:01 PM
Please dont take risk travelling while the h1b petition is pending.
I would advice not to travel during this case.
I would advice not to travel during this case.
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krishnam70
04-06 04:44 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...
This is a unique situation and may be an immigration attorney will guide you better. You should try to follow the law where ever possible. It could have been much easier had you gone out when your visa expired and returned back on another visa. Anyway try to speak with an attorney and get a good advise on how to remedy this situation
- cheers
kris
This is a unique situation and may be an immigration attorney will guide you better. You should try to follow the law where ever possible. It could have been much easier had you gone out when your visa expired and returned back on another visa. Anyway try to speak with an attorney and get a good advise on how to remedy this situation
- cheers
kris
more...
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singhsa3
06-01 05:58 PM
It is illegal. If being paid less than on your H1 LCA
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frostrated
06-18 02:35 PM
My current visa status is I-140 approved, I-485 pending, EAD and AP approved.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
if your EAD is based on YOUR I-140, then I dont think you have a valid status. During AOS, you need to have a job in the same category the EAD is valid for, unless you are the dependent.
In AOS, you cannot apply for unemployment benefit as it will trigger an USCIS audit.
By US law, if you are unemployed and are PRESENT in the US, you are entitled to umemployment benefit as you paid into the system.
By law again, if you are in non-immigrant status (AOS is considered non-immigrant until you get the green card), and you lose your job, you have to leave the country or you will start accuring illegal stay.
Check with your lawyer before you do anything.
more...
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GCEB2
09-20 10:13 PM
can any one give some information on this
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rayoflight
09-24 01:40 PM
... what about the existing backlog. They need to address the backlog even before they can think of raising fees or admin fixes.
Cheers,
Rayoflight
Cheers,
Rayoflight
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immi2006
08-17 09:29 AM
Most folks here would have used a lens to double check their APplns before mailing it.
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
Please
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
Please
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bkarnik
05-18 09:24 PM
Alabaman,
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
BEE: If I am not mistaken, there is a brief clip showing the chinese members.
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
BEE: If I am not mistaken, there is a brief clip showing the chinese members.
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h1techSlave
10-01 11:02 AM
I just wanted to point out that a delayed FBI name check is useless any way.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?
Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.
gbof
11-20 09:01 PM
Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.
Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.
Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.
walking_dude
10-25 03:47 PM
Indiana, wake up and smell coffee. Your neighbors in MI wish you good luck.