Abacus101
05-12 01:30 PM
Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.
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dilbert_cal
06-24 09:19 PM
Hello All,
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Credit Rating will have NO impact on your AOS.
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Credit Rating will have NO impact on your AOS.
ajay
07-14 01:32 PM
You should be able to work with any company provided they are ready to give you support when USCIS asks for an RFE about your employment status.
Also you have to make sure that your job fall in the same description that you have filed the 485 for.
Consult other informations/resources also.
Also you have to make sure that your job fall in the same description that you have filed the 485 for.
Consult other informations/resources also.
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ragool25
08-30 05:36 PM
Thanks mhathi for your response.
How long ( no of days) does the USCIS California center takes to decide the case for Fresh H1( F1- H1) RFE after requested documents were submitted before deadline under premium processing category.
How long ( no of days) does the USCIS California center takes to decide the case for Fresh H1( F1- H1) RFE after requested documents were submitted before deadline under premium processing category.
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godspeed
02-12 01:52 PM
Looking at your profile, i am surprised u still havent received the plastic card.
If your card gets approved while you are out of the country i.e. US, and you dont have AP i had read earlier that it is considered as an abandonment. The sole purpose of AP is to provide you to get in and out of US while on AOS period.
Did u check with your company Attorney?
Hi,
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
If your card gets approved while you are out of the country i.e. US, and you dont have AP i had read earlier that it is considered as an abandonment. The sole purpose of AP is to provide you to get in and out of US while on AOS period.
Did u check with your company Attorney?
Hi,
Dont know if this question has been asked before, but I recently got an extension and change of employer done using AC21 to a different company. I dont have an AP and dont have the time to get one. I am travelling to India next week and am scheduling an appoitment to get an H1B stamp. Will this be an issue? Is this considered abandonment of status?
Please let me know if someone else has been in this situation.
Thanks!
bandhu
02-03 01:53 PM
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
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guy03062
12-08 08:07 PM
I think we're looking for Jan '09 bulletin ;)
India:
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
India:
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
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hsadan
09-30 10:25 AM
that wouldn't be too original, would it? ;)
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pbojja
04-15 11:50 AM
Can you please update the status of your case ? As my 140 recently transfered to TSC . Also we see this trend for others .
We appreciate your response .
We appreciate your response .
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Green.Tech
03-20 02:52 PM
Check with the prevailing wage for your new location that matches your job title/description. It needs to be close to that.
The salary needs to be 'at' or 'above' the prevailing wage, not 'close' :)
The salary needs to be 'at' or 'above' the prevailing wage, not 'close' :)
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surabhi
06-20 03:29 PM
Can someone share a sample or a template for the affidavits from former colleagues / managers, in cases where employer experience letter in specified format is not obtainable?
Thanks in advance!
Here it is. I used this format for my I-140. Got approved without RFE. It was on plain white paper without any letter head or such.
Date:
To Whomsoever It May Concern
This letter is to certify that Mr.XXXXXX worked as a < Job title> from < date> to <Data> at <Company Name> Located at < Address >
I worked as Programmer Analyst at <Name of the Company> , <Address > from (Start date of Employment- Month/Year) to (Last date of employment, Month/Year). As a co-worker of Mr. XXXXX, I have knowledge regarding XXXXX's job duties, dates of employment and hours of work.
YYYY Company is in the business of providing software consulting services.
XXXXXX's duties included design, develop and administer Oracle databases, perform backup and recovery procedures. Design, develop and test custom applications using Oracle Pl/SQL
Mr. XXXXXX worked for 40 Hours per week.
Please feel free to contact us if you require any further information.
Sincerely,
<Signature>
Thanks in advance!
Here it is. I used this format for my I-140. Got approved without RFE. It was on plain white paper without any letter head or such.
Date:
To Whomsoever It May Concern
This letter is to certify that Mr.XXXXXX worked as a < Job title> from < date> to <Data> at <Company Name> Located at < Address >
I worked as Programmer Analyst at <Name of the Company> , <Address > from (Start date of Employment- Month/Year) to (Last date of employment, Month/Year). As a co-worker of Mr. XXXXX, I have knowledge regarding XXXXX's job duties, dates of employment and hours of work.
YYYY Company is in the business of providing software consulting services.
XXXXXX's duties included design, develop and administer Oracle databases, perform backup and recovery procedures. Design, develop and test custom applications using Oracle Pl/SQL
Mr. XXXXXX worked for 40 Hours per week.
Please feel free to contact us if you require any further information.
Sincerely,
<Signature>
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Onesimus
03-01 10:00 AM
@biznuge : Haha, you might be referring "Marcellus Wallace (http://www.youtube.com/watch?v=Gj13ugh5FYw)", btw i also manage to do kinetic/type in motion titled Real Women (http://www.youtube.com/watch?v=CL0PHzv_xqo). Thanks also for the comment!
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phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
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desi3933
07-19 04:34 PM
Hi,
I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.
>> Isn't EAD a non-immigrant status unlike H1B?
EAD is not a status. EAD is just Employment Authorization Document. I-485 pending (AoS Pending) is the status.
>> So, how can one apply for GC on a non-immigrant status?
GC can, also, be applied for someone who is not even in US. Kind of status in US has nothing to do with GC process, as long as one is in valid (authorized) status.
I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.
>> Isn't EAD a non-immigrant status unlike H1B?
EAD is not a status. EAD is just Employment Authorization Document. I-485 pending (AoS Pending) is the status.
>> So, how can one apply for GC on a non-immigrant status?
GC can, also, be applied for someone who is not even in US. Kind of status in US has nothing to do with GC process, as long as one is in valid (authorized) status.
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kirupa
04-08 05:37 PM
The MS Office and Apple stamps had some modification done to them. Correct me if I am wrong, but it just seems as though you pasted the band's logo into a black background.
I'll add the first, second, fourth, and fifth logos to the site though :)
I'll add the first, second, fourth, and fifth logos to the site though :)
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mhathi
03-06 02:11 PM
As far as I know, since you are past 180 days of 485 filing, you are ok. You can stay in the country based on your pending 485 application. You can take whatever time it takes for you to get a job in your same/similar job classification. However, if your 485 is close to approval, then you need to hurry to find the job, since a job offer is required at the time of adjudication of 485. This will depend on your country of chargeability and PD. If you are from India/china/philippines/mexico with a later PD, you should be ok as long as you find a job in the same or similar classification.
Others can correct me if I am wrong.
Others can correct me if I am wrong.
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kirupa
01-24 04:22 PM
Have you tried stepping through in the debugger and seeing if the line(s) where the response gets sent is hit?
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alterego
10-15 10:39 PM
I would wait it out if I were you. Why the risk at this stage?
Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
It all depends of course on your personal circumstances, but I can't see the logic in it.
Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
It all depends of course on your personal circumstances, but I can't see the logic in it.
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jamsumfarray
10-27 10:38 AM
Hi
My gc was filled in nov 2002 from newjersey which has gone to the backlog center in philly....no news after my 45 day letter which i got in june ....
1.I was wonderign if i could change my lawyer now ...and if i could change my gc processing from non rir to rir ?
2.What the odds of changing from non rir to rir?
3.And my gc is filled in eb2 catergory..
4.if i need to change lawyer is it possible?as my lawyer the present one is not exp enough and makes many mistakes ...?
urgent reply nneeded..
thanks
My gc was filled in nov 2002 from newjersey which has gone to the backlog center in philly....no news after my 45 day letter which i got in june ....
1.I was wonderign if i could change my lawyer now ...and if i could change my gc processing from non rir to rir ?
2.What the odds of changing from non rir to rir?
3.And my gc is filled in eb2 catergory..
4.if i need to change lawyer is it possible?as my lawyer the present one is not exp enough and makes many mistakes ...?
urgent reply nneeded..
thanks
pappu
03-12 12:05 PM
Thanks for your post and being informative. We understand your frustration (as expressed in words-- bucket of warm spit :) ) and appreciate the concern.
IV understands the issues and have been working with the lobbying firm on the stratagy that has more chances of success.
Please be patient and support us in the meet the lawmakers drive and funding drives at this time.
IV understands the issues and have been working with the lobbying firm on the stratagy that has more chances of success.
Please be patient and support us in the meet the lawmakers drive and funding drives at this time.
meridiani.planum
09-14 02:35 AM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
