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  • TheCanadian
    01-02 12:09 AM
    I think we should have a Flash 5 AS1 contest for nostalgic purposes.





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  • chanduv23
    05-27 11:50 AM
    I would like to share my I485 experience.

    1.Brief History and Denial reason.

    Did I485 interview at local office in Jan 2009.
    Got Denial notice stating that I485 filed when dates are not current.
    This is not true. Filed I 485 in 2007 July Fiasco.
    Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
    Got I485 receipt in October.

    it was denied due to clear error.

    2. Filed Service MTR with out filing Fee ( as this is service error)
    Did not get any communication for 3 months.
    In between took info pass couple of times and it did not help.

    Wrote letter seeking help of senator explaining situation.

    Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.

    Did finger printing in May.

    Since dates are not current, I am not expecting any approval.
    AT least I am happy that. case was reopened.

    I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.


    .

    Good thing. Please let me know if you are interested in helping IV in a new campaign addressing issues similar to this? Send me a private message with your contact info and I will contact you.





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  • snathan
    02-17 09:14 PM
    Thanks a lot snathan.

    emploer A is still holding my H1b, they did not revoke it.

    employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
    H1b transfer.

    The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.

    please help me.

    Yes...if you get the approval, you can join the company B, anytime you want.





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  • lostinbeta
    10-21 06:11 PM
    Ummm, A big circle with some poofiness added....lol.

    Voila... a dog bed.



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  • BharatPremi
    12-08 11:17 PM
    And no one can dare to put a price on tension, mental torture through which most are going through. To any one that is the biggest saving and so one should move forward for donating. So please respect the funding request from IV family for respecting yourself.





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  • yagw
    07-11 06:35 PM
    Beware...read this:
    http://www.usimmigration.net/images/7-8-08_Debarment_of_a_Software_Co_from_PERM_filings_fo r_3_yrs.pdf

    Just an FYI, this company is the one that develops SW to help attorneys in filing the PERM. Looks like they used the USCIS website as a testing place for their SW and hence the debarment. Should not be a problem for most of the companies (wonder any?) out there.

    From the announcement:

    "..
    LawLogix submitted more than 100 applications
    using the permanent program�s online filing system in the last year, apparently for the
    sole purpose of testing the parameters of the department�s electronic processing system.
    ...
    "



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  • bb8185
    06-05 05:23 PM
    [QUOTE=martinvisalaw;345850]A person with a 485 pending is allowed to remain in the US. There is no name for this "status", but it is lawful to stay in the US, and to work using an EAD.

    Thankyou

    Is this still true if the person did not have a new job, would they still be legal (assuming that they could fund themselves. I am trying to get to the answer of what if someone is laid off and does not have another job while their 485 is pending.

    Thanks again





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  • sumansk
    07-12 02:01 PM
    Guys!
    Is there someone in NY to call on Mrs. Clinton and apprise her of this mess of USCIS.If not directly may be get in touch with powerful indian community leaders who can talk to her about this matter.At least she can write a letter similar to Lofgren...

    Keep up the spirits MAN !!



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  • GCNirvana007
    10-08 04:46 PM
    If I understand you correctly, you were working for Employer A and he filed your Labor. You changed to employer B while labor was pending and started working for employer B on H1. Employer A continued to process your GC and you got it approved. If this is true, then you should immediately join employer A since your GC was approved through employer A.

    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?





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  • desi485
    12-21 06:32 PM
    looks like ur first post. Its not advisable to move before 180 days. If at all you have to do it, take your current employer in confidence.



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  • sac-r-ten
    01-30 10:30 AM
    Sorry to hear about your cases. I can understand how the feeling would be right now. I had applied for my 1st H1B renewal and was just crossing my fingers and praying since i have a denied I-140 (Education issue, MTR opened for last 3 months).
    Luckily my H1B renewal got approved on 1/27/09, in just 20days after recieved date(1/7/09) Ironically i had similar documents sent for my original I-140, the MTR and the H1B renewal. So we can imagine how it works in USCIS.

    BTW, TwinkleM, gr8 job in helping the fellow IVian.





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  • jack_suv
    07-20 10:33 AM
    Hi all,

    As one reply pointed out,

    AC21 portability means you retain the same green card application i.e. labor, i-140 and i-485 after 6 months of filing i-485 and i-140 is approved.

    EAD is a way to get a job. Obviously using EAD is easier than filing H1.

    So you can use AC21 by using H1 and still retain spouse's H4.

    You can also use AC21 by using EAD but at that point your spouse's H4 is gone out of status.



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  • averagedesi
    08-31 11:41 AM
    I am not sure what you mean by there is no issue with my EAD.

    Here is an excerpt from an USCIS FAQ

    Who is eligible for an EAD that is valid for two years?

    The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9). In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved.

    Here is the actual link to the FAQ

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=62ae15d3ffd7a110VgnVCM1000004718190aRCR D&vgnextchannel=ea0db6f2cae63110VgnVCM1000004718190a RCRD

    So my I140 is approved, when my EAD was approved on July 30th my priority date which is March 25. 2005 was not current.





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  • gauravster
    10-04 03:18 PM
    1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).

    2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.

    3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.

    4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.

    But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.



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  • gauravster
    10-04 03:18 PM
    1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).

    2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.

    3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.

    4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.

    But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.





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  • chaukas
    04-23 12:50 AM
    The I-140 processing date for EB2 Nebraska is June 2007. I have a friend with receipt dt on July 30, 2007 in EB2 whose I-140 was approved today. My I-140
    was received on July 2 , 2007 and is not approved yet.



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  • alpa
    02-24 04:36 PM
    I have few questions regarding the visa and green card process.


    1. Which documents are required to convert H1 to H4 while being in USA?

    2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?

    3. What happens to my green card process if I convert to H4? I have my I-140 approved.

    4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

    Thanks and Regards,
    Alpa





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  • vijay0101
    04-07 05:28 PM
    hi ggc,
    when did you received a I-485 interview letter. Is your PD is Aug 06? What was the outcome of the interview.
    Thanks





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  • viswanadh73
    01-29 01:14 PM
    I applied PIO card for my new born daughter in Dec 1st week and i got exactly in 2 weeks. this is from Newyork consulate.

    yes Minor children are not eligible for OCI if both parents are having indian passport.they have to wait untill they are 18. it is clearly mentioned in the consulate websites.





    insbaby
    09-15 04:25 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

    for couple of days you can try walk on your hands...





    breddy2000
    01-04 02:59 PM
    Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??

    Regards,
    -- Venkat

    Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.

    I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
    Also see this link on H1-L1 decoupling issue here.

    http://www.murthy.com/news/n_depfam.html



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