pappu
04-27 01:13 PM
$1.5 Billion in income taxes, is the amount the 64,000 new H1bs pay every year and I assume a similar or larger sales tax.
I'm not even thinking of the remaining 500,000+ people in the immigration queue
Unless there is a formal document like Unauthorized Immigrants Pay Taxes, Too | Immigration Policy Center (http://www.immigrationpolicy.org/just-facts/unauthorized-immigrants-pay-taxes-too)
http://www.immigrationpolicy.org/sites/default/files/docs/Tax_Contributions_by_Unauthorized_Immigrants_04181 1.pdf
a post has no significance. If you wish to work on such a study, it would be make the arguments stronger. It is something some volunteers can take up as an action item.
I'm not even thinking of the remaining 500,000+ people in the immigration queue
Unless there is a formal document like Unauthorized Immigrants Pay Taxes, Too | Immigration Policy Center (http://www.immigrationpolicy.org/just-facts/unauthorized-immigrants-pay-taxes-too)
http://www.immigrationpolicy.org/sites/default/files/docs/Tax_Contributions_by_Unauthorized_Immigrants_04181 1.pdf
a post has no significance. If you wish to work on such a study, it would be make the arguments stronger. It is something some volunteers can take up as an action item.
sekhar007
08-13 10:25 PM
Hi,
Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.
Appreciate the reply
Just had a quick question. We haven't included form 134 during the submission. Is that mandatory ? btw my wife and me both are on H1.
Appreciate the reply
niklshah
11-11 11:26 AM
i came back from India last week and officer did not ask me for any documents. I had copies of 485, 140 and labour ceritification and my few pay receipts but he did not ask me for anything, just parole document and it was stamped and i was out in 5 minutes he did not take to me to any room to ask any questions.
hope this helps
good luck
hope this helps
good luck
setpit_gc
06-03 01:56 PM
TSC received my RFE response on 05/27/2009.
I got 1st LUD on 05/31/2009 with message change.
I got 2 soft lud on 06/02/2009 and 06/03/2009.
I got 1st LUD on 05/31/2009 with message change.
I got 2 soft lud on 06/02/2009 and 06/03/2009.
more...
lecter
December 21st, 2007, 06:35 AM
Interesting post.
the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)
Rob
the new 5D will eat everything that currently exists I am guessing (Apart from my 1Ds3.. hehe)
Rob
mdipi
10-22 08:43 PM
sintax thanks so much! i like the avatar a bit more, but i like both! and i took the pic of the flower outside of my house, i cant belive how well it came out! like professional.
-mike:cyclops:
-mike:cyclops:
more...
walking_dude
08-03 09:12 AM
If Priority date is 'Current', you can't apply for H1 extension!
I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.
What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?
What do you mean by infinite? Only till your PD gets current. After that 1 year extensions.
I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.
What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?
What do you mean by infinite? Only till your PD gets current. After that 1 year extensions.
Lisap
09-12 05:27 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
Just hang in there you will have your receipts soon!!
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
Just hang in there you will have your receipts soon!!
more...
jthomas
04-04 09:49 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.
newuser
04-15 12:15 PM
Congratulations and enjoy the freedom
more...
Enebreus
02-09 03:31 PM
Ooooh my bad. Sorry about that. It's kind of like joking about bombs in an airport lol. Its kind of an edgy subject. Anyways, congrats!
It's all good.
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.
It's all good.
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.
ssterian01
07-07 04:38 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
more...
LONGGCQUE
03-10 11:12 AM
I have same problem with SBI. Planning to use wellsfargo expresssend from now on.
krishnam70
05-01 04:44 PM
I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.
Thanks.
EB-2 India
AOS filed July 2007
PD April 2007
Currently on H1-B (renewed till 2011)
Much easier for you , get them to sign an affidavit here and notarize it and submit it, also get an affidavit from some of your relatives back in your home country as additional evidence and submit them. Any documentation which basically establishes their relationship to you and an affidavit completing the circle would be acceptable
- cheers
kris
Thanks.
EB-2 India
AOS filed July 2007
PD April 2007
Currently on H1-B (renewed till 2011)
Much easier for you , get them to sign an affidavit here and notarize it and submit it, also get an affidavit from some of your relatives back in your home country as additional evidence and submit them. Any documentation which basically establishes their relationship to you and an affidavit completing the circle would be acceptable
- cheers
kris
more...
lazycis
02-14 04:42 PM
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
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.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the “fingerprint check” described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
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.
vivache
08-24 07:58 PM
Has anyone been to the Mumbai consulate for stamping
Can you let me know the process?
Also website where I can get more info?
Is this a drop docs at embassy .. and they mail it to you kind of thing?
Thanks
V
Can you let me know the process?
Also website where I can get more info?
Is this a drop docs at embassy .. and they mail it to you kind of thing?
Thanks
V
more...
fcres
06-27 12:02 PM
Well there is a thread here talking about the pros and cons of multiple 485 filing so that means it can be done. As far as i have read its not illegal but it might delay the process. Different lawyers have diff opinion. Both our lawyers agreed for multiple filing and so to be on the safe side(one has an early PD and the other's job is more stable) we are filing 2 485s, but only one EAD and AP.
gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed 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.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed 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.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
chanduv23
02-26 02:52 PM
Hi
According to my experience it doesnt make a difference whom you contact. I would suggest contact all (both senators of your state and local congressperson). It has no negative bearing on your case. I would also suggest
that you contact the ombudsman. You never know whats going to click in the end.
Best
cinqsit
Yes, one has to do everything. It helps solve the issue from all directions. It helps educate law makers about issues, also allows Ombudsman's office to understand common issues.
On another note, if anyone is having issues with their petitions and need help, you can also contact IV, send a message or post it on the forum.
Post issues on various forums on the internet too helps
According to my experience it doesnt make a difference whom you contact. I would suggest contact all (both senators of your state and local congressperson). It has no negative bearing on your case. I would also suggest
that you contact the ombudsman. You never know whats going to click in the end.
Best
cinqsit
Yes, one has to do everything. It helps solve the issue from all directions. It helps educate law makers about issues, also allows Ombudsman's office to understand common issues.
On another note, if anyone is having issues with their petitions and need help, you can also contact IV, send a message or post it on the forum.
Post issues on various forums on the internet too helps
nosightofgc
11-02 12:13 PM
What was the status on USCIS online system when you got an RFE? The reason I am asking is today my status changed to "Document Mailed to the Applicant". Not sure whether this is an approval or RFE. Of course will know in few days.
Thanks
Thanks
UKannan
01-18 03:50 PM
Chances for an audit are 95%:(
How u know that the chances are 95%? Why can't it be 5%? :D
How u know that the chances are 95%? Why can't it be 5%? :D
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