aps
01-07 10:09 AM
can you please explain little more? what is meant by after invoking, is it AC21?
If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
thanks in advance.
If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
thanks in advance.
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HOPE_GC_SOON
08-05 11:47 AM
Thanks Dealsnet;
Do you have any clue on "ADIT Processing'. Do we have to do anything ?
Any probable expectation that, Actual Plastic Cards, would be received within XX days of Welcome notices ?
Just curious to know, if you have any info.. :)
thanks,:)
The sequence you mentioned is correct.
I did received 3 same paper welcome notices !!!!
Next paper notice received contain GC.
Do you have any clue on "ADIT Processing'. Do we have to do anything ?
Any probable expectation that, Actual Plastic Cards, would be received within XX days of Welcome notices ?
Just curious to know, if you have any info.. :)
thanks,:)
The sequence you mentioned is correct.
I did received 3 same paper welcome notices !!!!
Next paper notice received contain GC.
kondur_007
07-30 08:31 PM
I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here
First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.
Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)
Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.
Good Luck.
First of all, calm down. Everything will be just fine. If you stress out, you burn your own brain cells.
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
Yes, that is correct. If you file for CP, your approved I 140 gets forwarded to the consulate and then consulate will process it (if PD is current) and give you interview. They WILL do the name check and if it is not cleared for H1, it is not likely to be cleared for GC. so they will not give interview till your name check is cleared and PD is current.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
That is correct. There is not time limit after approval of I 140 to file 485. You can file it any time after I 140 is filed and if you are stuck there due to name check, you have a reason for the delay as well (just in case someone asks in future; but no one is supposed to ask it any way). So by all means you will be able to file 485 once you enter US on H1. It can be any amount of delay. The only things is; your PD needs to be current at that time.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
That is exactly why I said in the above post that that's the one thing you can do and who knows? may be name check gets cleared and if your PD is current and all stars are aligned well they may call you for interview for GC even before your H1 interview (although this is not very likely to happen!) but it would not hurt.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP.
Entirely unrelated question. To make it clear, let me ask you: Were you IN US during that 3 months unpaid leave and you were on H1?? in that case you were out of status for those three months. If that is the case, that might come in your way if they notice it. They may even deny H1 stamp on that basis. and they can raise that during CP interview as well. Talk to your lawyer. If this is the case, it may be safe to go through the route of first getting H1 stamp, come to US and file 485. (once you enter on a valid stamp, all prior out of status violations are sort of forgiven and so they will not create any problem at 485 stage)
Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
You dont have to be working for the sponsoring employer at the time of either 485 approval or at the time of CP approval. All you need to have is a letter from employer that says, they will hire you permanently for the job described in your PERM on a permanent basis. That's it. And you and your employer should have good faith intention to do so once GC is approved. GC is for the future job.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I dont know the precise answer to this question. I think once they receive notification from DOS (which by itself takes few months); they do name check, local police clearance etc and once those things are in line, and your PD is current they will call you for the interview...this may be few months.
Good Luck.
2011 Nigel Sylvester, Nike 6.0 BMX
americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
more...
sundar99
05-03 10:01 AM
Suggest folks write back personal stories and ask the editor to highlight the need to raise Legal Immigration issues.. the writer has clearly expressed how the legal immigrants needs to be given consideration : Contact Jessie Mangaliman at jmangaliman@mercurynews. com or (408) 920-5794.
They are organising a counter protest against Illegal Immigrants rally :
Amnesty foes respond
http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm
They are organising a counter protest against Illegal Immigrants rally :
Amnesty foes respond
http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm
lost_in_migration
05-15 09:31 AM
You have a good suggestion but it only allows at the most 10 options :(
Due to PD movement, to track exact status of how many guys are "already in Que" and how many guys want to "join" the Que, we needs to have two more options e.g. -
- India PD current & I-485 already filed (guys already in Que)
- India PD current & I-485 NOT filed (guys want to Join the Que)
This will help to know how many guys are in que, how many VISA's are available (as per USCIS) and then we will have some "guess" work on how PD will move ahaead in upcoming months!!
Due to PD movement, to track exact status of how many guys are "already in Que" and how many guys want to "join" the Que, we needs to have two more options e.g. -
- India PD current & I-485 already filed (guys already in Que)
- India PD current & I-485 NOT filed (guys want to Join the Que)
This will help to know how many guys are in que, how many VISA's are available (as per USCIS) and then we will have some "guess" work on how PD will move ahaead in upcoming months!!
more...
nissan_1
03-31 11:51 AM
What happens if your previous employer cancel the approved I140 before the new company files the for I140. I think you need at least 7-8 months to get Labor approved. I am pretty sure by that time, the old employer will cancel the approved I140. I am taking about big Consulting companies here where you can not negotiate to keep the I140 open after you resign.
Thanks in advance
Dear Attorney,
Thanks alot for taking your valuable time suggesting us on this issue.
I appreciate your help.
This information is very much helpful.
Thanks in advance
Dear Attorney,
Thanks alot for taking your valuable time suggesting us on this issue.
I appreciate your help.
This information is very much helpful.
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nc14
04-09 03:43 PM
Himu, I have been following IV for months now and have been doing my small part lately. I wanted to post this because like you I also want other readers to be aware of what other people think of Senior Members. I don�t share your sentiments where you say Senior Members have heckled people (I am also a Junior Member). In fact they have been more then helping.
Now, let�s talk about the point you have raised. Tell me, which part of janakp's post you found heckling or offensive? To me he is giving the obvious answer, which anyone following the forums should have known already. We can do this, we can do that and of course everything that we can come up with but for everything we need VITAMIN M (DOLLARS).
My friend you must be aware that we are short of it (as you seem to be an avid follower of IV). As far as I understand we barely have the money for lobbying. So, I ask you what would be your response to any idea, which needs money to be fulfilled?
Just want to make sure over here .You think janakp telling nath.exists to start contributing (if he is not already doing so) to achieve our common goals is heckling Check for yourself (http://dictionary.reference.com/browse/heckling)?
.............................................
$60 + $20 (recurring contribution)
I have observed senior members constantly heckling anyone trying put their views asking "Have you given any contribution ?" "How have you contributed to any work?" This is a democratic cause and i think we not heckle people. It will erode the support base. We need to understand that out of all the members only few percent will contribute. Constant repsonses to people expresssing their view will either drive people away or will not allow more creative ideas to come out. Take this case. It is a very good idea to go to Indian channels. I would expect a response like "Lets approach them and try to convince about our cause" (I know when i am writing this, next post will be why dont you try clling. I am ready but such a responce will dampen anyones spirit. Consider our activity like a profit center. More people and ideas is the driving force.Money is important but people who understnad the cause wont wait to contribute anyway.
Hope this make sense and we have more positive posts !!!
Now, let�s talk about the point you have raised. Tell me, which part of janakp's post you found heckling or offensive? To me he is giving the obvious answer, which anyone following the forums should have known already. We can do this, we can do that and of course everything that we can come up with but for everything we need VITAMIN M (DOLLARS).
My friend you must be aware that we are short of it (as you seem to be an avid follower of IV). As far as I understand we barely have the money for lobbying. So, I ask you what would be your response to any idea, which needs money to be fulfilled?
Just want to make sure over here .You think janakp telling nath.exists to start contributing (if he is not already doing so) to achieve our common goals is heckling Check for yourself (http://dictionary.reference.com/browse/heckling)?
.............................................
$60 + $20 (recurring contribution)
I have observed senior members constantly heckling anyone trying put their views asking "Have you given any contribution ?" "How have you contributed to any work?" This is a democratic cause and i think we not heckle people. It will erode the support base. We need to understand that out of all the members only few percent will contribute. Constant repsonses to people expresssing their view will either drive people away or will not allow more creative ideas to come out. Take this case. It is a very good idea to go to Indian channels. I would expect a response like "Lets approach them and try to convince about our cause" (I know when i am writing this, next post will be why dont you try clling. I am ready but such a responce will dampen anyones spirit. Consider our activity like a profit center. More people and ideas is the driving force.Money is important but people who understnad the cause wont wait to contribute anyway.
Hope this make sense and we have more positive posts !!!
more...
srgadi
07-20 08:02 PM
Hi All,
Is having paystubs absolutely essential or will w2's suffice ?
As far as I know paystubs are not part of the required documents for AOS, tax returns are.
Is having paystubs absolutely essential or will w2's suffice ?
As far as I know paystubs are not part of the required documents for AOS, tax returns are.
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pbojja
03-30 07:57 PM
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
more...
eb3_nepa
01-14 11:34 AM
Friends i will ask the age old question again? Any news whatsoever on immigration related bills? In one thread it said that the President would be signing the bills by Feb 15 2007. Is that still on course coz the house seems to be moving at a good pace in terms of passing bills.
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Appu
07-09 02:38 PM
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
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meridiani.planum
06-02 12:13 PM
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).
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belmontboy
06-20 08:30 PM
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
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vb1589
05-04 09:13 AM
Good job cagedcactus.
As I said it was work of a fellow member. But I dont see why you cant use the same letter. If you think this is a good format, please go ahead and use it.
thanks.....
As I said it was work of a fellow member. But I dont see why you cant use the same letter. If you think this is a good format, please go ahead and use it.
thanks.....
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avisitinguser
10-11 01:08 PM
Our applications reached to TSC on July 27. I have received my receipts. But no receipts and no checks cashed for my wife's applications. Is anyone in the same situation?
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21stIcon
12-20 08:17 PM
Although I was not affected, my colleague who joined most recently this company for $100k salary on consulting project was scammed. He was astonished when he received his pay check, the reason being this company deducted 33% tax then deposited reaming amount on bank which was further liable to tax deduction from IRS.
For example
100k/12 = 8333/pm -company deducted highest tax bracket 2525(33% of 8333) as tax then deposited 5808/pm on bank account, after IRS withholding he got around 4000/pm.
We need to stop such scams by let labor department know about this and arrest him to set an example to other consulting companies saying we are not uneducated.
For example
100k/12 = 8333/pm -company deducted highest tax bracket 2525(33% of 8333) as tax then deposited 5808/pm on bank account, after IRS withholding he got around 4000/pm.
We need to stop such scams by let labor department know about this and arrest him to set an example to other consulting companies saying we are not uneducated.
girlfriend for the Nike 6.0 BMX Open,
acecupid
07-06 11:59 AM
Dear Friends:
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
1) You should have absolutely no problem entering on AP with a expired H1B visa and valid petition.
2) Airlines are well aware of AP, it is not a new document.
Stop worrying so much and enjoy your vacation. Have a safe trip back to US.
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
1) You should have absolutely no problem entering on AP with a expired H1B visa and valid petition.
2) Airlines are well aware of AP, it is not a new document.
Stop worrying so much and enjoy your vacation. Have a safe trip back to US.
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sampath
05-26 11:29 AM
Thanks for the great work done by the IV Core Team, QGA and all Senators and their staff... For QGA, is there a specific person/address where we can send out thank you letters to ?
joydiptac
08-11 06:35 PM
Democrats are losers. Socialist. They can only sponsor illegal immigrants. Republican party is pro legal immigration.
Hope this bill passes, but then again... The republican party is so pro legal immigrants that they had 8 years of power and never thought of this bill. And whenever someone brought up any similar STEM bill they would shoot it down.
I don't know what to make of it, but to think this is just a political maneuver.
Hope this bill passes, but then again... The republican party is so pro legal immigrants that they had 8 years of power and never thought of this bill. And whenever someone brought up any similar STEM bill they would shoot it down.
I don't know what to make of it, but to think this is just a political maneuver.
tonyybn
05-04 11:56 AM
Is there any way to link buying house and green card?
I know EB5 is to invest $500,000 to get a green card.
How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.
I know EB5 is to invest $500,000 to get a green card.
How about to invest $500,000 buying a house in US and get a green card? Say 100,000 green card for that, that would help the current US economy a lot.
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