roseball
04-03 02:49 PM
I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008
Just have them reply to the RFE at the earliest...Usually, they take a few days after the deadline to re-process the case...They might consider your reply, even if its late by a few days, if they already did not take action/deny your petition....If they already denied your petition before the response reaches them, they you will have to file a MTR, which takes quite a while and also you cannot use I-485 benefits till a decision is made....Also, make sure a cover letter is sent along with the response mentioning the reason for the delay (like u said substantial changes to company financials)....Bottomline, reply at the earliest....Good luck.....
Just have them reply to the RFE at the earliest...Usually, they take a few days after the deadline to re-process the case...They might consider your reply, even if its late by a few days, if they already did not take action/deny your petition....If they already denied your petition before the response reaches them, they you will have to file a MTR, which takes quite a while and also you cannot use I-485 benefits till a decision is made....Also, make sure a cover letter is sent along with the response mentioning the reason for the delay (like u said substantial changes to company financials)....Bottomline, reply at the earliest....Good luck.....
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FinalGC
07-21 11:40 AM
Guys:
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.
OLD Fees:
I485- $325
Biometric - $70
I765 - $180
I131 -$170
TOTAL - $745
NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.
Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)
Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.
If anybody knows this answer, please attach link or direct to the USCIS page.
Thanks
sbmallik
12-27 03:18 PM
To the original poster:
Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.
BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.
Since the MTR was already filed you can still extend the H-1B. However, if the MTR gets denied then no further H-1B visa extension is possible.
BTW - even the H-1B extension can be applied based on 'Labor Certification applied more than a year ago' criteria an I-140 denial will override the above benefit.
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chanukya
04-06 08:31 AM
I think its high time, we step in and say enough of this excessive outsourcing, India has created more than enough jobs in India, ecomomy has grown to a very good level.
There should be a Fair level playing field for everybody, unfortunately not only Americans, the very Indians, who have struggled countless hours and sacrificed so many things and made a mark in US with thier technological hardwork are loosing to this big outsourcing companies.
The very reason of initial H1B people coming to US, for a good standard of living is slowly being lost becuase of this excessive outsourcing.
"As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas."
There should be a Fair level playing field for everybody, unfortunately not only Americans, the very Indians, who have struggled countless hours and sacrificed so many things and made a mark in US with thier technological hardwork are loosing to this big outsourcing companies.
The very reason of initial H1B people coming to US, for a good standard of living is slowly being lost becuase of this excessive outsourcing.
"As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas."
more...
anilsal
10-30 04:31 PM
I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
That even applies to discussion on IV. If law makers have a look at the IV forums (after they have been appraised of the existence of IV) and see lots of posts that lack basic grammatical skills and in urgent need of spell checks, then you know, what goes on in their mind(s).
Simple spelling mistakes are fine, but if a post needs spell checks a lot, either the person who posted does not care or needs a good spellchecker.
Good that you brought this issue up. Are we not talking of Skilled Immigration? If yes, then let us all do some homework (run a spell checker, to make sure things are going to appear nice for readers).
Sorry if I appear rude. We are in this fight together and we need to come out successful :)
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
That even applies to discussion on IV. If law makers have a look at the IV forums (after they have been appraised of the existence of IV) and see lots of posts that lack basic grammatical skills and in urgent need of spell checks, then you know, what goes on in their mind(s).
Simple spelling mistakes are fine, but if a post needs spell checks a lot, either the person who posted does not care or needs a good spellchecker.
Good that you brought this issue up. Are we not talking of Skilled Immigration? If yes, then let us all do some homework (run a spell checker, to make sure things are going to appear nice for readers).
Sorry if I appear rude. We are in this fight together and we need to come out successful :)
gcisadawg
03-25 04:52 PM
voted for vamsi's qn....
more...
matreen
12-19 01:13 AM
Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........
if you invoke AC21 means you have to use EAD not H1B......
if you invoke AC21 means you have to use EAD not H1B......
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gc_chahiye
02-17 09:43 PM
3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?
I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.
you can get back to H1 status, it might involve:
- filing a H1 petition (you wont be counted agianst hte quota)
- leaving US and coming back in, to "Activate" the h1.
I think you can still re-capture any year left in your 6 your term on your H1B. That is, even after going to EAD you can revert back to H1B in case of any issues. As always, this is just my understanding and could be wrong even.
you can get back to H1 status, it might involve:
- filing a H1 petition (you wont be counted agianst hte quota)
- leaving US and coming back in, to "Activate" the h1.
more...
bluekayal
10-22 09:24 PM
This seems pretty amazing. I wonder how it will play out in action.
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
"On October 20, the Senate followed the House of Representatives in voting to protect surviving family members when either the petitioner or the principal beneficiary of a petition dies. President Obama is expected to sign this legislation shortly.
Presently, the law provides that when the petitioner or the principal beneficiary dies, so does the petition. Typically, if the beneficiaries are present in the U.S., their applications for adjustment of status are denied and they are placed in removal proceedings.
* WHO WILL BENEFIT FROM THE NEW LAW?
Not only does the new law eliminate the infamous "widow penalty", it does so much more!
When either the petitioner or the principal beneficiary dies in a wide variety of instances, the law acts to protect the surviving family members:
There are few options for surviving relatives:
For example, there is a section of the law which provides that a surviving spouse of a U.S. citizen can self-petition for permanent residence, but only if the marriage occurred at least two years before the petitioner's death.
There is also a regulation which provides that where the petitioner of a family-based petition dies before the beneficiaries of the petition became permanent residents, the beneficiaries may request that the USCIS reinstate the petition for "humanitarian" reasons.
1) Parents, spouses and children of a U.S. citizen with pending or approved petitions;
2) Beneficiaries, principal or derivative, of pending or approved family-based petitions;
3) Beneficiaries, principals or derivative, of pending or approved employment-based petitions;
4) Beneficiaries, principal or derivative, of pending or approved asylee/refugee relative petitions;
5) Nonimmigrants entitled to "T" (trafficking victims) or "U" (crime victims) status.
Since the waiting times for family-based and employment-based preference can range up to between five and 22 years, often petitioners and principal beneficiaries die before the beneficiaries of the petition can obtain permanent residence.
........
* EXAMPLE #4 - Employment-Based Petition
Dr. Kumar is a physician born in India. His wife and daughter reside with him in the U.S. He is in H-1B status. His wife and daughter are in H-4 status. Dr. Kumar completed his medical residency in the U.S. on a J-1 visa. Then, for three years, he worked in a medically-underserved area in H-1B status. In 2006, his employer submitted a PERM application on his behalf. It was approved in the Spring of 2007. In July 2007, when all the employment-based numbers became current, Dr. Kumar's employer submitted an EB-2 visa petition on his behalf. Simultaneously, Dr. Kumar, his wife and daughter all applied for adjustment of status. Then his priority date retrogressed. In 2009, Dr. Kumar was killed by a drunk driver. Under present law, the visa petition would be revoked. Under the new law, Dr. Kumar's wife and daughter would be permitted to continue with their applications to adjust status. The visa petition could only be revoked if the USCIS determined that its continued approval would not be "in the public interest".
* CONCLUSION
The new law will provide immigration benefits to "survivors" in various types of immigration cases where either the petitioner or the principal beneficiary dies before the other family members are able to become permanent residents.
However, the law is complex, and the extent of its benefits will not be known until after the USCIS and the State Department promulgate regulations, or issue memos, explaining how they plan to implement the new law."
http://shusterman.typepad.com/nation...y-members.html
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camarasa
07-23 11:26 PM
Take alternative opnion from good Attorney and take a chance.
"Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.
"Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.
more...
whiteStallion
10-17 02:55 PM
Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
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gsiskind
05-12 04:04 PM
Greg,
The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.
So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".
OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.
The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.
So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".
OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.
more...
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n77
05-14 05:25 PM
You are so pessimistic..
At least you hope something is gonna happen after the elections..:):)
At least you hope something is gonna happen after the elections..:):)
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chanduv23
12-09 08:17 AM
Good Morning
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aamchimumbai
09-02 01:46 PM
Folks,
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin). Anyways.
As part of my application necessary medical exam tests were conducted. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Thanks in advance for all your responses.
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin). Anyways.
As part of my application necessary medical exam tests were conducted. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Thanks in advance for all your responses.
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jay1ram2
11-23 02:19 PM
Well Said.
more...
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saint_2010
06-25 02:01 PM
Wow...we have a winner...HOME DIGITAL photos are way to go...
I have already used this for my Indian passport renewal...they never objected...Thanks for the input guys.
I have already used this for my Indian passport renewal...they never objected...Thanks for the input guys.
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ilanbenatar
04-25 12:17 PM
Thanks man, appreciate your quick response.
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
Glad to hear you got your visa :) was it hard and strenious?
I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.
Best,
Ilan
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mdcowboy
04-28 05:48 PM
Texas also planning to join the bandwagon..
Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)
I can already see a future where there would be a law that would demand all immigrants wear some kind of bar code (rfid) so that it would be easier for law enforcement to track them down. :eek:
In regards to CIR..its all hogwash..my guess is that Dems are going to bring it on the floor and put up a masked brave fight to show that they at least tried to pass an immigration bill.
Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)
I can already see a future where there would be a law that would demand all immigrants wear some kind of bar code (rfid) so that it would be easier for law enforcement to track them down. :eek:
In regards to CIR..its all hogwash..my guess is that Dems are going to bring it on the floor and put up a masked brave fight to show that they at least tried to pass an immigration bill.
immi_enthu
08-28 10:40 AM
That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
potatoeater
05-10 04:10 PM
Sorry. I may be mistaken. May be it is the other way round. Try firefox then.
Actually I am using IE.
Thank you
Indira
Actually I am using IE.
Thank you
Indira
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