franklin
03-26 07:53 PM
Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.
Not sure if or how to PM docs - PM me your email if you like and I can forward them
Not sure if or how to PM docs - PM me your email if you like and I can forward them
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GC_SUCK
09-26 11:19 AM
Thanks. But GC still sucks because of the long process. Good Luck to everyone.
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
katrina
07-21 04:58 AM
As long as you never out of status from the last time you reenter US (Aug 97) you should be OK and should submit your I485
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ajp5
10-20 01:36 AM
Thx for response.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.
more...
Gravitation
02-02 09:30 AM
It means that if your PD is current, your application has a fair chance of having been processed.
If the PD is not current, it doesn't mean anything.
If the PD is not current, it doesn't mean anything.
kutra
03-05 07:26 PM
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Yup, unfortunately, pregnancy is considered to be a pre-existing condition which is automatically disqualified by most insurers. Obama's healthcare would remove this sickening clause, but until then your options are (1) keep trying until you find an insurer willing to pay for the expenses or (2) fund it out of your own pocket or (3) deliver the baby in your home country.
I would go for #1 or #2.
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Yup, unfortunately, pregnancy is considered to be a pre-existing condition which is automatically disqualified by most insurers. Obama's healthcare would remove this sickening clause, but until then your options are (1) keep trying until you find an insurer willing to pay for the expenses or (2) fund it out of your own pocket or (3) deliver the baby in your home country.
I would go for #1 or #2.
more...
axp817
03-28 01:46 PM
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
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ps57002
09-30 08:37 AM
My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.
My question...from anyone else's experience/info
Will I get a RFE for the PERM LC hard copy or a rejection?
How does that affect my pending EAD/485? think i know answer..all goes down, right?
I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..
more...
H1bTechieLA
03-13 04:14 PM
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
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logiclife
07-11 11:40 AM
There are legitimate ways to deal with such business situations. Its called "Fair buiness practices", something that many employers, especially the "Desi" ones may not have heard.
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".
No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.
But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".
No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.
But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.
more...
amberGC
07-19 10:05 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
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cheg
08-21 05:07 PM
I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?
My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...
My case was filed by a human resource person not a lawer. Human resource thinks I am ok but I do not think they really know the law. I am so scared...I do not know what to do. Ohhhh God..Life...
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GCneeded
11-07 12:32 PM
Thank you everyone for the responses.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
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TexDBoy
09-10 11:44 AM
If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
more...
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webm
11-18 06:03 PM
180 days to invoke AC-21 is counted from the day 485 is recieved.Correct ?
Correct...
Correct...
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tpcool
05-31 06:50 PM
vxb2004, thanks for the response and the wishes.
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
Ok, I got your point that since my I-140 is not approved yet, it is not safer to move at this point, but what would be your opinion, if my I-140 is approved. If it is Ok to move, once my I-140 is approved, then I can probably start preparing my ground work for this transition and hopefully the I-140 comes through in the coming 3 to 6 months.
One another question along the same lines - I haven't used my EAD yet and still on H1. Does the AC21 portability rules apply even in with the EAD? what is the use of the EAD then. EAD is supposed to be generic right?
more...
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anurakt
12-27 09:31 AM
Hi Everyone,
Just wanted to give an update of the tri state meeting on 12/24 happened last sunday. Eight to Nine members attended this meeting and folliwing were the discussions points :
Pappu gave us an update and insight in to IV's working and what is going on. This changed lot of members thinking about IV , i.e. members learnt on how much political capital the core and IV has gained in the past 1 year. How without much money and only with grass root operation we have acheived so much . Also Pappu gave us na update on where is everyhting currently. I cannot give those details for obvuious reasons , but the members present at the meeting know what I am talking about. We further discussed that how important it has become that instead of just concentrating in DC , we need to energize ousrselved in each and every state. This is very important as we have time only till Aug 2007 to acheive whatever we can, after which the presidential campaign would take over everyhting.
Members were informed about on how the contribution has been used currently %ge wise. Also at the meeting it was dicussed that the whole face of the IV looks very Indian ad other ethinic communities who too are retrogressed are not involved. Thus it was urged to those members especially from other ethinic communities to please come forward and get more faces in,this would make IV a complete representation of the current retrogression.
Also in the dicussions we told members that we need to be riding on our own identitiy and should not mix our goals with illegals. Anytime we talk about IV we should maintain phrases like "High Skilled Legal Immigrants" "paying taxes" etc etc. This is very importnant for meet the lawmakers program , as this will create our own identiity and political capital.
Meet the lawmakers is a very important program and members are urged to please participate in numbers as much as possible, there may be a chance that people from a particular state may have to show up in hundreds near some senators office who may be very important for our goals. Please do not ask the names , if interested please join state chapeter meeting and if you don't have one, please start one and ask a core to join you.
The JOB of IV is just not CIR, CIR would be the first win and there are more fights after CIR. IV wants to be the face of any legal immigrant issue resolution in this country and wants to make sure that the political capital and efforts we created doesn't go wasted after retrogression is finished.... We want tobe an organization which can be effective in country and help all those who are or who may be facing similar situation in coming years. The job won't finish with CIR, IV may need to work further on things like USCIS inefficiencies... FBI name check and other issues. To accomplish all this we need to be bigger stronger and grsass root level organization.
I urge members from other state to please keep contributing and attend state chapter meeting.... Friends beleive me when you meet in the chapter meeting , the kind of updates you get is 1000 times more than what you see on the online forum.
I would also request other members who attended this meeting to please write there post meeting views.
Last but not the least , I would like to thank every member who participated to make it a sucesses and other members who could not participate due to personal issues, I am sure they will make it next time (Please get up early :) :) )
Just wanted to give an update of the tri state meeting on 12/24 happened last sunday. Eight to Nine members attended this meeting and folliwing were the discussions points :
Pappu gave us an update and insight in to IV's working and what is going on. This changed lot of members thinking about IV , i.e. members learnt on how much political capital the core and IV has gained in the past 1 year. How without much money and only with grass root operation we have acheived so much . Also Pappu gave us na update on where is everyhting currently. I cannot give those details for obvuious reasons , but the members present at the meeting know what I am talking about. We further discussed that how important it has become that instead of just concentrating in DC , we need to energize ousrselved in each and every state. This is very important as we have time only till Aug 2007 to acheive whatever we can, after which the presidential campaign would take over everyhting.
Members were informed about on how the contribution has been used currently %ge wise. Also at the meeting it was dicussed that the whole face of the IV looks very Indian ad other ethinic communities who too are retrogressed are not involved. Thus it was urged to those members especially from other ethinic communities to please come forward and get more faces in,this would make IV a complete representation of the current retrogression.
Also in the dicussions we told members that we need to be riding on our own identitiy and should not mix our goals with illegals. Anytime we talk about IV we should maintain phrases like "High Skilled Legal Immigrants" "paying taxes" etc etc. This is very importnant for meet the lawmakers program , as this will create our own identiity and political capital.
Meet the lawmakers is a very important program and members are urged to please participate in numbers as much as possible, there may be a chance that people from a particular state may have to show up in hundreds near some senators office who may be very important for our goals. Please do not ask the names , if interested please join state chapeter meeting and if you don't have one, please start one and ask a core to join you.
The JOB of IV is just not CIR, CIR would be the first win and there are more fights after CIR. IV wants to be the face of any legal immigrant issue resolution in this country and wants to make sure that the political capital and efforts we created doesn't go wasted after retrogression is finished.... We want tobe an organization which can be effective in country and help all those who are or who may be facing similar situation in coming years. The job won't finish with CIR, IV may need to work further on things like USCIS inefficiencies... FBI name check and other issues. To accomplish all this we need to be bigger stronger and grsass root level organization.
I urge members from other state to please keep contributing and attend state chapter meeting.... Friends beleive me when you meet in the chapter meeting , the kind of updates you get is 1000 times more than what you see on the online forum.
I would also request other members who attended this meeting to please write there post meeting views.
Last but not the least , I would like to thank every member who participated to make it a sucesses and other members who could not participate due to personal issues, I am sure they will make it next time (Please get up early :) :) )
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dc2007
07-25 12:06 PM
Thanks a lot for the help and useful information.
I can get all letters (of employment etc) from my employer. That is not an issue.
But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?
I can get all letters (of employment etc) from my employer. That is not an issue.
But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?
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diptam
06-24 06:17 PM
I mean from AUG 1st the CURRENT status may vanish... who knows ?
NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....
may be this will help you
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.
How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?
NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....
may be this will help you
485 fess from Jul 30th will be 1010USD. This also has EAD & AP fees built into it and you can keep on renewing EAD & AP with out paying fees every year unil you get your GC.
485 fess until Jul 30th is 395 USD and you will pay separate fee for both EAD & AP every year until you get GC.
How can we expect to pay 395 USD for GC and get free EAD & AP every year? makes sense?
Sakthisagar
11-16 01:05 PM
Rajeev was mentioning Sen Robert Menendez (D-N.J.), name for S.1085 bill. I called his office two times, I will make it a point I am calling him every week. Rajeev Please let us all know if you have any update that Sen.Menendez have plans for S.1085 along with Dream Act??
dontcareaboutGC
08-20 02:53 PM
I spoke to the US mission- they dont have information yet about the process change for people who want to take appointments after 1st of Sept.
However people who have already taken appointments prior to Sept 1 are not subject to any change. They need to show up with a reciept the day of the interview as before.
Hope this helps.
However people who have already taken appointments prior to Sept 1 are not subject to any change. They need to show up with a reciept the day of the interview as before.
Hope this helps.
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