diptam
08-06 12:13 PM
Premium on 140 has nothing to do with expedition of 485. Later depends on Priority Dates , Visa Numbers , Name check results etc ... etc... If you get 140 approved on Premium then the only advantange is that you can Trigger AC21 to change your Job after 180 days of 485 filing WITH A PEACE OF MIND.
Otherwise if your 140 is hanging and you invoke AC21 and by chance that 140 gets a rough RFE or gets denied for some reason your 485 will be denied immediatly and you are in deep waters.
Has USCIS started premium processing of I-140 again ? Can you please send me the link ?
What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ?
let me know quick please..
Otherwise if your 140 is hanging and you invoke AC21 and by chance that 140 gets a rough RFE or gets denied for some reason your 485 will be denied immediatly and you are in deep waters.
Has USCIS started premium processing of I-140 again ? Can you please send me the link ?
What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ?
let me know quick please..
tdasara
06-12 07:06 PM
Investing in a company -> Yes (shareholder)
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
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raj1998
02-05 02:24 PM
I applied I-485 in July 2007. But didn't apply for EAD/AP. I applied for EAD for the first time now, few days back and I was asked by my lawyer a check of $340 as application fee.
Hope this helps !!
Hope this helps !!
more...
Bpositive
03-17 01:36 PM
did anyone get reimbursed for the medical exams - physicals and vaccinations?
i am having a hard time getting my provider submit the claims to the insurance company.
i am having a hard time getting my provider submit the claims to the insurance company.
chosenone52
10-01 09:37 PM
Hello ,
First of all, this is a great forum and members are really helpful out here!
My case is something like this
Currently I am on h1( completed 1 year) working in construction industry. My profile consist of Bachelors from India and Masters from USA.
The company I work for is not willing to go ahead with my green card. ( With the economy going south, its not wise to jump). But know a company who liked my profile and is willing to sponsor my green card-EB2. The reason they are not willing to hire now is due to economy, but willing to help me in my GC process before hiring and might pick me up at first opportunity.
Something like this: I am employed for Company A on h1 and company B is willing to do my paperwork as a future potential employee?
I had various concerns:
>> Is green card application based on future employment possible, (as in my situation)?
>> GC takes 4-5 yrs to process. What if they decide not to hire me?
>> What are the risk factors involved on my side as well as on Companies side who is sponsoring my GC?
I know its a complex situation and would appreciate thoughts and comments from all users.
Thanks
First of all, this is a great forum and members are really helpful out here!
My case is something like this
Currently I am on h1( completed 1 year) working in construction industry. My profile consist of Bachelors from India and Masters from USA.
The company I work for is not willing to go ahead with my green card. ( With the economy going south, its not wise to jump). But know a company who liked my profile and is willing to sponsor my green card-EB2. The reason they are not willing to hire now is due to economy, but willing to help me in my GC process before hiring and might pick me up at first opportunity.
Something like this: I am employed for Company A on h1 and company B is willing to do my paperwork as a future potential employee?
I had various concerns:
>> Is green card application based on future employment possible, (as in my situation)?
>> GC takes 4-5 yrs to process. What if they decide not to hire me?
>> What are the risk factors involved on my side as well as on Companies side who is sponsoring my GC?
I know its a complex situation and would appreciate thoughts and comments from all users.
Thanks
more...
pxu7728
07-20 07:32 PM
cut paste from website : murthy
http://www.murthy.com/news/n_intead.html
Interim EAD Procedure
Posted Feb 23, 2007
�MurthyDotCom
The Vermont Service Center (VSC) has advised that they have instituted a new procedure for issuing interim Employment Authorization Documents (EADs). These are appropriate in situations where the EAD request has been pending for at least 90 days. The expected termination of interim EADs at local USCIS offices was reported in our June 30, 2006 MurthyBulletin article, June 2006 Conference Update: Interim EADs to End, available on MurthyDotCom.
�MurthyDotCom
The new procedure requires that an individual go to the local USCIS office to make the interim EAD request. The local office then will contact the VSC. The VSC will review the file and try to adjudicate the initial EAD application and avoid the need for an interim EAD. If they cannot complete the initial application, however, they can issue an interim EAD.
�MurthyDotCom
The interim EAD will not be issued if there are "national security issues." Therefore, if the case is held up due to security concerns, there may be instances where the interim EAD is not given. Whether or not it is issued depends upon the severity of the security matter.
�MurthyDotCom
This procedure will help some people with delayed EADs. MurthyDotCom and MurthyBulletin readers who will be renewing their EADs should not wait until they are close to their expiration dates to request new ones. We recommend filing four months in advance to avoid a lapse in employment authorization.
http://www.murthy.com/news/n_intead.html
Interim EAD Procedure
Posted Feb 23, 2007
�MurthyDotCom
The Vermont Service Center (VSC) has advised that they have instituted a new procedure for issuing interim Employment Authorization Documents (EADs). These are appropriate in situations where the EAD request has been pending for at least 90 days. The expected termination of interim EADs at local USCIS offices was reported in our June 30, 2006 MurthyBulletin article, June 2006 Conference Update: Interim EADs to End, available on MurthyDotCom.
�MurthyDotCom
The new procedure requires that an individual go to the local USCIS office to make the interim EAD request. The local office then will contact the VSC. The VSC will review the file and try to adjudicate the initial EAD application and avoid the need for an interim EAD. If they cannot complete the initial application, however, they can issue an interim EAD.
�MurthyDotCom
The interim EAD will not be issued if there are "national security issues." Therefore, if the case is held up due to security concerns, there may be instances where the interim EAD is not given. Whether or not it is issued depends upon the severity of the security matter.
�MurthyDotCom
This procedure will help some people with delayed EADs. MurthyDotCom and MurthyBulletin readers who will be renewing their EADs should not wait until they are close to their expiration dates to request new ones. We recommend filing four months in advance to avoid a lapse in employment authorization.
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studentoflife
11-08 09:35 PM
As i understand for labor there are only 2 centers right ? one is the atlanta processing center and the other is chicago processing center. Atlanta processing center caters to the state in which my employer has registered his company so i believe he must have sent my application to this processing center only.
http://www.plc.doleta.gov/Processing_Centers.htm
Kindly correct me if i am wrong
StudentOfLife
http://www.plc.doleta.gov/Processing_Centers.htm
Kindly correct me if i am wrong
StudentOfLife
more...
retrohatao
07-17 02:41 PM
Am I hysteric or what?
Any ways here is the flash.
My case has been approved and got the so called Magic e-mails stating that the cards have been order
for me and the spouse.
Here is the "series of unfortunate events" :
1.
EB3/TSC
PD: Sometime in 1998
Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.
2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
thought I would save some time.
3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
4. Elated with the good news, applied i-140 & I-485 in 2004.
5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
amount of time.
6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.
Following is the chronological order:
EB2/TSC
PD : October 17, 2001
LCl : January 7, 2004
RD I140/485 : May 28, 2004
EAD : July 26, 2004
FP Notice Date : February 1, 2005
FP Done : March 22, 2005
I140l : February 11, 2005
Namecheck initiated: June 2004
Namecheck cleared: June 2006.
I-485 cleared and cards ordered: July 2006.
Here is what I did to get out of namecheck:
1. e-mail to FBI on monthly basis
2. Snail mail to FBI, OMBUDSMAN on monthly basis
3. FAX to FBI on monthly basis
3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
FBI directly
4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
FBI directly. One senator never even responded
5 got FOPIA.
6. Made the attorney to contact USCIS officially
7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
and almost filed WOM. Only thing left is to send the papers.
8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
Just tried some personal mails to USCIS director FBI et all.
Not sure what really worked. Some one from DOJ took time to call me and informed that my
name check got cleared.
moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
try the above steps and hope for the best.
Thanks to the forum members!!! I learnt lot from your experience.
I will still be around on this forum and will try to help as much as I can
Any ways here is the flash.
My case has been approved and got the so called Magic e-mails stating that the cards have been order
for me and the spouse.
Here is the "series of unfortunate events" :
1.
EB3/TSC
PD: Sometime in 1998
Stuck at labor for three years. Finally cleared in 2000 a month after I was let go.
2. Joined different company in 2001. Encore!!!. Filed GC again in 2001. This time I chose EB2
thought I would save some time.
3. Thanks to the political gimmics, stuck at labor again for three years finally cleared in 2004
4. Elated with the good news, applied i-140 & I-485 in 2004.
5. I-140 cleared without any hitches got EAD too. Expected i-485 to clear with in reasonable
amount of time.
6. Wait!!!, there it goes... the dreaded namecheck stopped it for another two years.
Following is the chronological order:
EB2/TSC
PD : October 17, 2001
LCl : January 7, 2004
RD I140/485 : May 28, 2004
EAD : July 26, 2004
FP Notice Date : February 1, 2005
FP Done : March 22, 2005
I140l : February 11, 2005
Namecheck initiated: June 2004
Namecheck cleared: June 2006.
I-485 cleared and cards ordered: July 2006.
Here is what I did to get out of namecheck:
1. e-mail to FBI on monthly basis
2. Snail mail to FBI, OMBUDSMAN on monthly basis
3. FAX to FBI on monthly basis
3. Involved congressman. Congressman's office contacted USCIS, but did not want to get involved with
FBI directly
4. Involved Senators. Senator's office contacted USCIS, but did not want to get involved with
FBI directly. One senator never even responded
5 got FOPIA.
6. Made the attorney to contact USCIS officially
7. Started the group "namechektracker" on yahoo groups http://groups.yahoo.com/group/namechecktracker/ (http://groups.yahoo.com/group/namechecktracker/)
and almost filed WOM. Only thing left is to send the papers.
8. Tried some contacts with USCIS despite the "NO" from the attorney and the employer.
Just tried some personal mails to USCIS director FBI et all.
Not sure what really worked. Some one from DOJ took time to call me and informed that my
name check got cleared.
moral: Keep your eyes/ears open. DO NOT JUST BELIEVE the words of your attorney.
try the above steps and hope for the best.
Thanks to the forum members!!! I learnt lot from your experience.
I will still be around on this forum and will try to help as much as I can
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gcdreamer05
12-12 11:36 AM
Prashanthi was there on chat for 30 min and as no one turned up to ask questions she left. She will be available for chat every Thursday at 9.30 PM EST.
Oh no missed it, i will surely be online next thursday to talk to the attorney.
Oh no missed it, i will surely be online next thursday to talk to the attorney.
more...
hpandey
07-15 01:00 PM
Stock options work like this
If a company gives you 100 shares at 10$ each that means you have the option to buy them by the expiry date at 10$ each.
So if within the expiry date they reach to 15$ you can buy them at 10$ and sell at 15$ getting a net profit of 5$ per share ( 500$ )
In your case the share price is below what you will have to buy the shares at . So no use. You will be losing money in case you decide to sell them.
Although if you think the share price is going to rise in the future you can buy them and hold them long term until the share price rises above 30 and you make some good money .
If a company gives you 100 shares at 10$ each that means you have the option to buy them by the expiry date at 10$ each.
So if within the expiry date they reach to 15$ you can buy them at 10$ and sell at 15$ getting a net profit of 5$ per share ( 500$ )
In your case the share price is below what you will have to buy the shares at . So no use. You will be losing money in case you decide to sell them.
Although if you think the share price is going to rise in the future you can buy them and hold them long term until the share price rises above 30 and you make some good money .
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willgetgc2005
12-14 01:16 PM
Hi,
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
more...
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x1050us
06-25 09:46 PM
If I 539 was filed with I 129 they mostly get approved togther .DId you apply ext in PP ? If I 539 was not filed ,just bump your H1 to PP and get an appointment in home country for the spouse to get the Visa at the consulate. Just plan every thing will go smooth
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
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dpp
06-27 11:41 AM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
You cannot file more than one AOS petition per applicant. They may reject all of them. Otherwise it will be a mess like how it is there now for PERM and I-140 petitions.
more...
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Queen Josephine
May 25th, 2005, 12:09 AM
Josh, I'm so blown away by those atomic bomb looking clouds that I never even got to the one with the deer! (Nik had some atomic bombs over a barn last week also). I think you make all the relevent points; the first 2 certainly can benefit from some post processing in Photoshop. Those clouds are really it, but the needed something else to frame it, branches, grasses, something. I noticed that the horizon was treed, so assumed that the shore on which Kenny was standing had some trees, I "framed" the pic as if it were shot with trees framing it. Attached is the result which shows how finding objects to create a "frame" for the picture can make a world of difference. Also, I had to guess at the actual sunset color scheme. Since I wasn't there, I opted for the most dramatic. (hope you don't mind me messing with your pic Kenny, but it lent itself well to the discussion of framing and processing and illustrates better than words what I am getting at).
Other than higlighting a few things, I kind of like the deer one the way it is. It's almost a "where's Waldo", but that's what I like about it. Nature itself plays the "where's Waldo" game on us.
Other than higlighting a few things, I kind of like the deer one the way it is. It's almost a "where's Waldo", but that's what I like about it. Nature itself plays the "where's Waldo" game on us.
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Googler
02-14 05:22 PM
Great ruling. The analysis is totally applicable to AOS. Moreover, the government admitted that it was wrong in recent memo.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
"In the context of removal proceedings, ICE has determined that FBI fingerprint checks and Interagency Border Inspection Services (IBIS) checks are the required checks for purposes of the applicable regulations."
Wait a minute, isn't immigration judge able to grant AOS in removal proceedings? It means that the DHS acknowledges that it wrongfully interpreted regulations for all these years and that name check is not required by law (at least for AOS) as we were saying all along!
I love also this part: "in the unlikely event that FBI name checks reveal actionable information".
As judge Baylson pointed out, "name check" is nowhere to found in laws and regs.
Good point about the recent memo -- happily there are multiple pdfs of it floating around so they can't make that language disappear -- and and immigration judge granting AOS. Those two points should do.
About "name check" nowhere found in laws -- i.e no language in some obscure subsection -- I just want to make sure that the interpretation is ironclad for AOS, we know it is for naturalization.
Yep, I *love* the "unlikely event" part.
more...
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bkarnik
12-06 09:45 AM
Irrespective of what your notice says, it is very likely that your case has still actually not been transferred to NSC and is still in the CSC. I know because this is what has happened in my case. Just like yours, both mine and my spouse's applications were transferred to the CSC for data entry. Then we got notices saying our cases have been sent back to NSC. But apparently, only the 485 applications were supposedly sent back. The CSC issued EADs and APs for both of us.
IN the meanwhile, since the name typed on my receipt was incorrect, my attorney got the Senator's office involved. Now comes the punch line...according to the information provided by the USCIS to the Senator's office, irrespective of what the notices said, only my spouse's 485 application was actually sent to the NSC. My application is still in the CSC for some reason.
Also, according to sources that my Attorney has, it appears that right now the USCIS is in a "meltdown". They have no idea how many applications they received, where the applications are, and what stage of processing each application is. This was in response to feelers my Attorney sent regarding the FP notices (since we have not received ours yet, RD for 485 is July 23rd). Apparently, the USCIS is in a state where they are absolutely not willing to commit to any timeframes about any applications. This is supported by the vague information that they have put up on the website wherein, they are indicating that they received 2.5 million applications (for all services) in July and August as compared to 1.2 million last year and that they plan to hire an additional 1500 employees to share the workload...
So in a nutshell, I wouldn't worry about your not receiving the FP notice. I am willing to bet, that for some reason all the dependants 485 applications were sent to NSC while the prime applicants are still being held at the CSC and it appears we are in the same, leaking, sinking boat!!
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
IN the meanwhile, since the name typed on my receipt was incorrect, my attorney got the Senator's office involved. Now comes the punch line...according to the information provided by the USCIS to the Senator's office, irrespective of what the notices said, only my spouse's 485 application was actually sent to the NSC. My application is still in the CSC for some reason.
Also, according to sources that my Attorney has, it appears that right now the USCIS is in a "meltdown". They have no idea how many applications they received, where the applications are, and what stage of processing each application is. This was in response to feelers my Attorney sent regarding the FP notices (since we have not received ours yet, RD for 485 is July 23rd). Apparently, the USCIS is in a state where they are absolutely not willing to commit to any timeframes about any applications. This is supported by the vague information that they have put up on the website wherein, they are indicating that they received 2.5 million applications (for all services) in July and August as compared to 1.2 million last year and that they plan to hire an additional 1500 employees to share the workload...
So in a nutshell, I wouldn't worry about your not receiving the FP notice. I am willing to bet, that for some reason all the dependants 485 applications were sent to NSC while the prime applicants are still being held at the CSC and it appears we are in the same, leaking, sinking boat!!
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
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