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deepakd

07-10 01:33 AM

USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.

Thanks
I would take my words back instead of never I would say the chances are slim that USCIS would call the employer. Never heard of this before this

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morchu

04-23 01:51 AM

NO. It shouldn't create an issue. The key is to "have the guarantee of a same or similar position available for you on permanent basis" at the time of RFE. How many jobs you changed before that is not of a concern.

But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.

Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.

The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.

Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..

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dil_ip3

02-25 11:12 AM

She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..

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adusumilli

12-06 10:29 AM

they said i have to wait for 45 days i think my the service request is opened only like a week back. so still waiting.

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transmit

March 28th, 2005, 03:36 AM

Yes, the SB800 is the best option for a flash with the D70 (http://www.noendpress.com/pvachier/cameras/nikon_D70.php). As for lenses, depends on what you need. I think the 50mm 1.8 is a great lens for only $100. Works very well for wider portraits and any kind of low light photography. If you have the money to spend, the 12-24 is also a very useful lens.

What's Next:: Options [Archive] - Immigration Voice

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prem_goel

07-29 07:36 PM

Ann as always you are so upto the point and quote a valid source in your reply. Thank you so much.

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johnwright03

02-23 08:03 PM

Folks,
I have a stupid/dumb question in filling out i-539 for my wife...can anyone tell me if I would need to answer YES or NO..??

3g -- Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status?

--thx

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ultimate_champ

11-27 07:04 AM

Hello,

My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
Receipt date = 03-Aug-2007
Notice Date = 12-Oct-2007

On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007

For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
Is it really true.

This is really urgent since I stand to lose out big time on an excellent job offer.

What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
Thanks.

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sidbee

03-17 10:43 AM

Add you wife , 2 weeks before she comes, IE if she is coming on 16th may add her on 1st may.
pay some extra premium.

wouldn't that be common sense....

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HOPE_GC_SOON

06-05 06:27 PM

Hi

What is is your 140 Filing Date and which center ?? When did you see Status change online. Did you see any change, while the appln. is being taken for processing.

Actually, my question, is my 140 went to TSC on Aug 29, 2007 (From NSC), As per latest procesing statistics, I see, upto Aug 26,2007, cases were cleared by May 15th. My case, must have been taken for processing by now. But I donot see any Status Change.

Donot know, how correct are these Processing Statitstics. Did 140 processing Date go back in TCS. How do I know, approx. date of my 140 clearance. I am really in need of the same, as I am running a tough situation.:mad::o

Appreciate any inputs to this situation of mine. :)

thanks.

My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:

Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER

Current Status: Document mailed to applicant.

On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.

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Alabaman

10-11 01:05 AM

Does it mean that if you get a receipt number in the case of an H1 transfer your case would definitely be approved?? i.e. Receipt number = Transfer approval?? :confused: Anybody familiar with the transfer process should please enlighten.

It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.

He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.

So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.

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willigetagc

08-13 01:57 AM

another distraction for the officers? already they are eagerly waiting for the visa bulletin (just like all of us) to decide on future course of work... :D

Now they might all just forget work, come out and dance to the marathi number... :eek:

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sweet23guyin

12-16 07:03 PM

I traveled ORD-HYD via Frankfort last month with out stamping; but has AP in hand. No one questioned or looked at my AP. If you have a Indian passport I think you should be good to got back; problem is only when you want to come back to US with out AP or stamping.

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martinvisalaw

02-16 04:41 PM

The cost varies, depending on the attorney fees and what advertising is done. Generally, it would probably cost $6000 - $12,000 for PERM. The employer must pay this, you cannot pay any of it.

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elaiyam

04-05 10:03 AM

It should not be a problem for EAD/H1B

FHA Handbooks (http://www.fhaoutreach.gov/FHAHandbook/prod/infomap.asp?address=4155-1.4.A.3)

See the section: c. Non- Permanent Resident Aliens

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anilsal

12-13 12:52 PM

Typical travel agent replies are: "if you have valid visa stamped, then no need for transit visa".

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RareRFEon485

04-16 10:05 AM

Please explain how you have worked in Illinios for XYZ company( my GC sponsoring Company) living in MN,WA and TX.

This was one line description I got as RFE on my I-485.

My 140 is approved in Dec 2007. I had 1st RFE on I-485 for pay stubs and other things. This is the second RFE. I will consult good attorney. Any advise is helpful.

Also I entered US on AP and I started my own company few months back. I am still working for GC sponsoring company. If by my bad luck my 485 gets denied..what are my options? Also I have my H1 petition valid till May 2012 but I don't have it stamped. Do I need to leave the country and get it stamped?

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gauravster

02-25 12:46 PM

In some states (like NJ), you need a letter from Social Security Administration stating that you are not eligible for SSN.

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venkat9

03-10 09:13 AM

Hi All,
I just wanted to share my RFE regarding the "Experience Lettters"

I got an RFE on 1/23/2008 "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."

The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.

And it worked for me. My attorney sent the documents to USCIS @ NSC on 3/3 and we got an Approval Notice on 3/7.

EndlessWait

04-12 07:34 PM

I hate the fact, we let ourselves be discussed amongst the ILLEGAL immigration pool. We are not here illegally, there is no reason we should call this "GC for sale". We are helping the govt. by not just words but with our $$$.

We are here legally , paying taxes, paying rents etc. This fee is meant to speed up processing. No other terminology should be used at IV. Let anti-immigrants talk what they want.

Please remember, at any point there are always opposing forces at work. For those anti-immigrants I have no time or energy to ponder on there xenophobic reservations.

Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..

kondur_007

09-15 11:17 AM

Hello,

My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

1: I assume this should not impact me from filing a joint return. Am I right ?

2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

Thanks in advance.

First of all, do not confuse tax filing and immigration! These two are totally different ball games.

As far as tax filing goes, here is what i can tell (to the best of my knowledge):

1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).

2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.

3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:

1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.

2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).

3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.

Good Luck.

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