kondur_007
03-25 08:31 PM
Got some answers for you (they are in red below).
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
485Mbe4001
09-03 07:51 PM
This was discussed earlier, as far as I understand they cannot approve a case if the PD is not current. This is a part of the internal clean up where they will identify cases...no help for EB3 I/C with old PDs
-- I was a security check victim for 2yrs and 9 months
-- I was a security check victim for 2yrs and 9 months
TwinkleM
07-02 02:55 AM
My lawyer did receive the RFE for new H1 application.
Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.
But, since now we have no choice but to chose consulate case, I was wondering if you all could guide whether to choose Home country or Third country (Canada or Mexico).
I personally want to go to neighboring country instead of home country as that would save lot of time.
Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.
Also,
1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.
2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?
3) What are the chances of them disapproving my case?
4) Am I allowed to take my U.S citizen kids along with me to the consulate?
5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
Canada - port of Entry thru road.
Mexico
India - Port of Entry in NJ or NY or Atlanta or Boston
Also, would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.
Advices from the expert lawyers, senior & junior members is appreciated.
Thanx in Advance
Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.
But, since now we have no choice but to chose consulate case, I was wondering if you all could guide whether to choose Home country or Third country (Canada or Mexico).
I personally want to go to neighboring country instead of home country as that would save lot of time.
Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.
Also,
1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.
2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?
3) What are the chances of them disapproving my case?
4) Am I allowed to take my U.S citizen kids along with me to the consulate?
5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
Canada - port of Entry thru road.
Mexico
India - Port of Entry in NJ or NY or Atlanta or Boston
Also, would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.
Advices from the expert lawyers, senior & junior members is appreciated.
Thanx in Advance
duttasurajit
10-18 02:22 PM
I did some research and it seems for AC21 the job description matters and it should be same or similar. The job title may be different.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
I think we should be fine but it is safe to take the opinion of at least two good immigration attorneys before proceeding.
more...
gccovet
06-25 12:24 PM
The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
also, not getting paychecks while on H1 open another can of worms.
GCCovet
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
also, not getting paychecks while on H1 open another can of worms.
GCCovet
wrsquared
October 23rd, 2003, 11:11 PM
I like 'em both. Like Steve, I think the dandelion is surreal and "way cool". But I do have a question with the ruins photo. I'd like to kinda turn this members' critique back on you, if you don't mind. Maybe I can learn something...hopefully this isn't out of line in this forum....if so, my apologies to all.
Initially, I really like the photo, and as I stare at it longer I see more and more reason to like it. At first the greenery seems part of the ruins, but as my eyes hold on it for a moment, the green soon pops out into a more 3D presentation. The colors, the composition, the uniqueness....all is very appealing...and I don't know why.
But.....here is the question....what "makes" this shot? Let me clarify...I am an engineer and my left lobe tends to see in the B&W and straight lines of life. The artsy stuff doesn't come easily for me. When I see something that is right, I know it. It's just difficult for me to arrange something to be right or to see the perfect image inside a lot of clutter. I'm convinced that I would have gone right past this one if you hadn't pointed it out to me with this posting.
Bottom line.....this photo....what I'd like you to do is to critique your own work. Tell us (me, in particular) what makes this such a good shot? What elements bring this frame together? What do you particularly like about this shot? What would you change or do differently? Help me to "see" why I like this photo. What "makes" this shot?
Other Dphoto pro's.....same questions. WHAT are the elements work so well here? WHY is this a good shot?
Initially, I really like the photo, and as I stare at it longer I see more and more reason to like it. At first the greenery seems part of the ruins, but as my eyes hold on it for a moment, the green soon pops out into a more 3D presentation. The colors, the composition, the uniqueness....all is very appealing...and I don't know why.
But.....here is the question....what "makes" this shot? Let me clarify...I am an engineer and my left lobe tends to see in the B&W and straight lines of life. The artsy stuff doesn't come easily for me. When I see something that is right, I know it. It's just difficult for me to arrange something to be right or to see the perfect image inside a lot of clutter. I'm convinced that I would have gone right past this one if you hadn't pointed it out to me with this posting.
Bottom line.....this photo....what I'd like you to do is to critique your own work. Tell us (me, in particular) what makes this such a good shot? What elements bring this frame together? What do you particularly like about this shot? What would you change or do differently? Help me to "see" why I like this photo. What "makes" this shot?
Other Dphoto pro's.....same questions. WHAT are the elements work so well here? WHY is this a good shot?
more...
ilwaiting
06-15 03:19 PM
Thats your A number, Its not the I-94 number. Some people have it some don't. If you have it you need to include it. If you don't it would be assigned once you file you 485
Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.
Is this the number which is on my approved I-140 (A099 XXX XXX) ?
Initially I thought its the number on I-94, but apparantly not. This is required to be filled on almost all forms which are required to be filed now that the dates are current. I485, 131, 765 etc.
Is this the number which is on my approved I-140 (A099 XXX XXX) ?
ajju
02-24 09:00 PM
http://www.irs.gov/taxpros/article/0,,id=165705,00.html
This is what i found on the irs website - still havent decided whether to e-file or paper file
Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...
So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...
This is what i found on the irs website - still havent decided whether to e-file or paper file
Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...
So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...
more...
Eberth
10-16 04:49 PM
tnx
i founded it on ps7
:D
i founded it on ps7
:D
jsb
12-15 10:08 AM
Thanks Chris for sharing this info
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.
....
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
more...
amitjoey
05-28 12:27 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
RecycledRaj
09-18 01:17 PM
i had interview at mumbai consulate on friday morning 9.30.
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
EVERYONE please take time to read and reply...
the officer was very rude... i said good morning upon entering and she did not reply.... then she said she is getting strange people since morning and no one is following her instructions....
she asked me the name of company, my job title etc..i replied ...
and then she asked me for my old passport and wrote CWOP on expired visa.....
she asked my wife if she has old passport and i said no and there it started..."SHE got angry and said did i asked you? let her speak... " "women can speak for herself etc..." she did utter some few words slowly so i said "excuse me" and that's it..she told me people like me should not be in usa..etc...etc........."
here is the deal...she did not gave me any slip or anything and said we can go now.....
WHAT WILL HAPPEN?
will i get my passport with stamp? or do they send Pink/Yellow/White slip through courier?
expert any advise?
i tracked the passport on VFS site on Saturday morning and VFS says they have not received passport from the embassy. is this normal? should i wait till monday evening before jump on any conclusion?
more...
leoindiano
08-28 04:36 PM
You contributed 600:confused: for what?
For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....
For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....
akhilmahajan
05-01 07:32 PM
Thanks for the information..............
i always thought that it meant, that they are processing that day applications.
i always thought that it meant, that they are processing that day applications.
more...
vnsriv
03-28 10:25 AM
Well Jnayar & Berkeleybee,
Thanks for your help.
Thanks for your help.
thomachan72
10-04 01:29 PM
Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
more...
yabadaba
06-18 12:44 PM
thanks reno john!
JunRN
10-31 07:08 PM
Today is the 90th day of my EAD application...no status change at all...
sroyc
11-09 01:53 AM
I'm interested in being part of this group. I realized last weekend that I'm not so great at handing out flyers and reaching out to random people.
I would rather spend my time on things that I'm good at. I can help with writing, analysis, drawing, etc.
I would rather spend my time on things that I'm good at. I can help with writing, analysis, drawing, etc.
pappu
06-08 12:17 PM
Lets discuss Post-CIR on one thread only.
http://immigrationvoice.org/forum/showthread.php?t=4917
http://immigrationvoice.org/forum/showthread.php?t=4917
Shawn
August 9th, 2005, 11:09 AM
Times Square, this process would allow you to clear out all the people and if needed one could bring back the original colors of neon lights in Photoshop, also remove trailing & headlights of cars.
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