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GreenMe
12-03 01:13 PM
Thanks for quick replies.
The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.
Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.
Please continue to share your experiences.
The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.
Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.
Please continue to share your experiences.
iptel
07-18 07:19 PM
:D May be we can invite Guns 'n Roses and have them sing "WELCOME TO THE JUNGLE". Just Kidding
sent4dc
08-26 04:28 AM
Thanks for the insight guys!
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.I will still be able to work if I have my H1B extension, right?
Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).Well, if I checked with the lawyer, I wouldn't be here, would I? :) I did not really understand your point. What if my I-140 is being processed and it takes them a hole lot of time for that and my legal status is expiring -- what am I supposed to do in that situation?
What if you donot apply and you donot get EAD by Jan 08, you can still stay legally but wont be able to work without EAD.I will still be able to work if I have my H1B extension, right?
Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).Well, if I checked with the lawyer, I wouldn't be here, would I? :) I did not really understand your point. What if my I-140 is being processed and it takes them a hole lot of time for that and my legal status is expiring -- what am I supposed to do in that situation?
srinivas_o
08-26 11:46 AM
Bump
more...
indyyy
07-18 09:40 AM
My labor is also pending with the Dallas BEC. My priority date is Nov 2001, non-RIR. The online system still shows that my case is in process.
Sick and tired of waiting ...
Sick and tired of waiting ...
chanduv23
03-24 10:26 AM
Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
This is exactly the same language I had when I got a NOID after ac21 change. Just respond back with evidence requested and you will be fine.
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
This is exactly the same language I had when I got a NOID after ac21 change. Just respond back with evidence requested and you will be fine.
more...
beautifulMind
07-16 02:48 PM
I posted it there as well
meridiani.planum
11-26 01:21 PM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
more...
Lasantha
04-01 05:46 PM
I agree 100%
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
In simple words..
Trying to game the internal processing of USCIS case handling is like trying to guess the weather based on daily horoscope... ! No way attorney can know that.. only reason they probably want to wait is some ulterior motive such as company trying to hold onto the employee or attorny looking for extra fees.. absent that.. I would be worried coz then that would mean attorny is incompetent and does not know which end is up..
Here's what we do know
I485 filing provides MAJOR benefits.
140 processing can go on for year or so and meanwhile a lot can change in terms of Priority dates etc.
485 filing does not begin 485 processing if 140 is pending.. that's in USCIS memos.. only same office will handle 485 so in fact it is better! coz once you get past 140.. you are home free.. as opposed to other cases where 140 evidence is being re-checked at the time of 485 approval..
So GO AHEAD file concurrently..
gg_ny
10-20 07:31 AM
You need to file tranfer papers anyway when you move. That means you have new H1B approval, and thus a new stamp is required when you travel out.
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
more...
scorpioca
05-17 04:38 PM
Hi,
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.
I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.
Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?
How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.
sapking
02-22 09:45 AM
First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
more...
WeldonSprings
05-18 06:28 PM
This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.
Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!
Hindi-Chini Bhai Bhai!!!
Bender's Immigration Bulletin (http://bibdaily.com/)
Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!
Hindi-Chini Bhai Bhai!!!
Bender's Immigration Bulletin (http://bibdaily.com/)
newbie2020
12-01 05:20 AM
This doesn't take into consideration any active filings. Eg. ROW countries are always current for EB2 and they can and will apply EB2 140 and 485 together, this goes on through out the year which would consume the visa number. General rule of thumb is ~10000-15000 visas will be available for India /China at the end of last quarter due to horizontal spillover.
more...
nozerd
02-25 03:55 PM
I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
bsbawa10
09-07 06:32 PM
And any ideas on what will we do with the final list? If it ever gets to include absolutely everything - much of it may even be hidden from us - you never know what goes on inside those Fed buildings!
I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.
I think if we have enough data with actual incidents /dates , we can atleast post them on blogs, send them to the director USCIS, send complaint to congress and whereever else we can.
more...
voldemar
12-31 02:30 PM
If your wife wants to work, then, of course, both of you have to be on EAD.That's not correct. Primary applicant could be on H1 and dependent use EAD. When dependent starts using EAD it doesn't affect primary applicant.
vsuri
02-15 09:49 PM
Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.
Federal Trade Commission [FTC] indicates at:
Mortgage Discrimination (http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea08.shtm)
that:
"[A lender cannot] consider your sex, race, or national origin, although you will be asked to disclose this information voluntarily to help federal agencies enforce anti-discrimination laws. A creditor may consider your immigration status and whether you have the right to remain in the country long enough to repay the debt. "
The above information is relevant to Mortgage loans, but other loans may be subject to similar anti-discrimination statutes.
Follow the "If You Suspect Discrimination" section of the above web page to file a complaint.
Federal Trade Commission [FTC] indicates at:
Mortgage Discrimination (http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea08.shtm)
that:
"[A lender cannot] consider your sex, race, or national origin, although you will be asked to disclose this information voluntarily to help federal agencies enforce anti-discrimination laws. A creditor may consider your immigration status and whether you have the right to remain in the country long enough to repay the debt. "
The above information is relevant to Mortgage loans, but other loans may be subject to similar anti-discrimination statutes.
Follow the "If You Suspect Discrimination" section of the above web page to file a complaint.
gcfriend65
12-06 09:27 AM
I have my I-140 waiting at NSC from May 01, 2006. On Dec. 05, 2006, I-140 processing time shows as June 01, 2006. Since, it was more than 30 days, my employer called the National Service Center number and they opened a service request and told me to wait 45 days. My lawyer says that USCIS takes 45 days at a minimum to reply, but normally it is 90 days.
Is there anyone out there, who know how to track this service requests or have any experiences with them.
Is there anyone out there, who know how to track this service requests or have any experiences with them.
linuxra
09-28 08:20 PM
waiting for reply from any of u guys...pls...
sreeanne
11-08 03:22 PM
Change add' online in USCIS website. After few days you will receive confirmation letter. Also send AR-11 for to DHS and confirm with USCIS.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
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