piyu7444
01-30 04:15 PM
Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
>> My question is - Is the time I haven't been working considered as Out of Status?
No you are not. Like I said out of status UNTIL date of I-485 application is most important.
____________________
Not a legal advice.
US Citizen of Indian Origin
I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........
I am on h1b with employer B.
Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)
Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.
She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:
Will she be considered as "out of status" from Feb 1 to April end?
She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?
Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)
Thanks
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singhsa3
03-03 04:22 PM
That is option # 2
How about another option for people who are going to buy shortly even though their GC approval is far far away?
How about another option for people who are going to buy shortly even though their GC approval is far far away?
uppaji
08-03 12:29 PM
Hi Can we all agree up on a standard content format to Lou Dobbs.
Please send your text, if you have already sent emails.
I just want to make sure that they should realize that there is mass response for the smae topic.
Please send your text, if you have already sent emails.
I just want to make sure that they should realize that there is mass response for the smae topic.
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sid3699
09-16 10:16 PM
My H1B visa stamp has expired, but I have the approval papers extending my H1B until Jan 2011. My company filed for bankruptcy. Another company bought parts of my company (not the entire company) in which I work. So I got absorbed by the buyer.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
What happens to my visa? Does the new company have to file for an amended petition? If so, how long does that take?
I have to travel to India in two months. If they file the petition and I travel out of the country before I get the approval, will that be safe?
Thanks very much.
more...
ratiwari
07-24 01:14 PM
As far as I know my attorney wanted employment letter only for those whose I-140 approval did not come .With I-140 approved you don't need employment letter. I-140 deals basically with the status of employer.
jfredr
06-12 10:26 AM
Kyl: CIR can be finished in a few days
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
Sen. Kyl (R-Az), one of the architects of the Senate�s CIR announced today that the Senate CIR can be finished in a few days. On CNN this morning he mentioned that the Senate Republican leadership is crafting a few necessary amendments and will take them to the Majority Leader. It is expected that the Cantwell amendment, albeit in a revised form, will be one of the amendments. The NY Times has a similar report.
more...
ghost
08-12 07:30 AM
I feel frustrated at some peoples' unwillingness to admit that EB3 needs IV's help now more than ever. They are saying that nothing much can be done for EB3, as INS merely corrected its wrong interpretation in visa allocation
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Unsolicited advice - Let's put a small amount as a deposit before we begin these efforts - 6 USD per week for 6 months (signing up for 25 USD per month for 6 months)...I did it and took me 5 minutes, now I am more dedicated to this effort than ever before and am sure that this dedication will have a positive impact on our future efforts...thanks for reading!
But, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The INA language says that until EB2 is not current, there will be no spillover to EB3. Agreed. But I would contend that this statement is on a year to year basis. That is, if in the year 2002 (for example) all EB2 has been satisfied, then the spillovers should go to year 2002 EB3.
Is this something IV can point out and fight for? Can EB3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
Unsolicited advice - Let's put a small amount as a deposit before we begin these efforts - 6 USD per week for 6 months (signing up for 25 USD per month for 6 months)...I did it and took me 5 minutes, now I am more dedicated to this effort than ever before and am sure that this dedication will have a positive impact on our future efforts...thanks for reading!
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richi121175
01-17 02:38 PM
Sent PM... and FYI... I am not a non-contributor as wellPlease send me a message if you have contributed. I don't want to any non-contrbuting members.... The day is not far when IV will have a cease operations due to non-contributing members. !!
ONE THING IS FOR SURE, EITHER IT'S THIS YEAR OR NEVER ....CHOICE IS YOURS
ONE THING IS FOR SURE, EITHER IT'S THIS YEAR OR NEVER ....CHOICE IS YOURS
more...
amsgc
04-24 10:43 PM
Congrats and good luck to you guys!
It looks like USCIS is picking up some speed now. shows many cases approved in EB2-I in April'08. Hopefully all cases with PD before Jan'04 will be flushed out.
It looks like USCIS is picking up some speed now. shows many cases approved in EB2-I in April'08. Hopefully all cases with PD before Jan'04 will be flushed out.
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EB3_SEP04
05-26 05:46 PM
When I was working in Kuwait, me and every one carry Civil ID, all the time in the wallet. If some one don't have, the police will take him to the station ....
I am glad you are not in Kuwait anymore :) and I am also glad I am not in India anymore... No offense there...just want to underscore how much i love civil liberties, freedom and basic human rights.
I am glad you are not in Kuwait anymore :) and I am also glad I am not in India anymore... No offense there...just want to underscore how much i love civil liberties, freedom and basic human rights.
more...
singhsa3
03-04 12:16 PM
Those were different times. Try taking mortgage now on your EAD.
Here are my particulars:
Family income: Almost 4-5 times per capital GDP
Job type: Stable
Credit score : Excellent
Highest education: MBA
Willing to put downpayment: Yes, required 20%
Mortgage application: Rejected as EAD is valid for only one year.
Now you tell me what should I do...
I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.
In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.
Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.
So in June 1999 we purchased a 1,950 sqft house for $280,000.
In September 2003 we sold that house for $535,000.
Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.
I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.
I’m not looking to brag, I am sharing my experience.
1 my wife and kids were on H4 they needed a home to be happy in.
2 it made economic sense to buy
3 we got the right funding
4 had we waited for GC we could never have afforded the home we currently live in.
The timing of immigration approvals had no bearing on whether I decided to purchase property.
good luck to all
Here are my particulars:
Family income: Almost 4-5 times per capital GDP
Job type: Stable
Credit score : Excellent
Highest education: MBA
Willing to put downpayment: Yes, required 20%
Mortgage application: Rejected as EAD is valid for only one year.
Now you tell me what should I do...
I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.
In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.
Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.
So in June 1999 we purchased a 1,950 sqft house for $280,000.
In September 2003 we sold that house for $535,000.
Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.
I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.
I’m not looking to brag, I am sharing my experience.
1 my wife and kids were on H4 they needed a home to be happy in.
2 it made economic sense to buy
3 we got the right funding
4 had we waited for GC we could never have afforded the home we currently live in.
The timing of immigration approvals had no bearing on whether I decided to purchase property.
good luck to all
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dish
12-13 10:44 AM
I sent a letter earlier this year to one of my Senators here in CA regarding my 2001 LC and the result i got was that the senators secretary checked my case with USICS and sent a letter stating that my green card was approved 2003.
For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.
Can you please write in detail what happened with your LC and hou you recieved your green card in 2003. Your experience with DOL, and sentor will make a good story for IV.
For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.
Can you please write in detail what happened with your LC and hou you recieved your green card in 2003. Your experience with DOL, and sentor will make a good story for IV.
more...
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eb3_nepa
02-13 01:01 PM
Logicliffe i agree with you.
I think the Aim of IV should be to make the ENTIRE process of the GC quick and painless and abt 2.5 to 3 years start to finish.
Guys we have to fight the root cause and not the individual symptoms. United we stand. The problem is Backlogs at various stages. We should strive for removing the root cause of backlogs. A united voice which says, "Give us our Green Cards in abt 3 years". If we fight for each individual thing, we will be like many small streams each figthing for it's own little cause. So far we have seen the following SUB issues:
1) Spouses not being able to work
2) Children aging out
3) FBI/Name check clearance.
Now if we each start fighting for the specific cause, the movement will be scattered. Instead what we are trying to do is focuss on eliminating ALL problems.
Guys i ask everyone on here to step forward and Signup for the Rally we are trying to hold In DC. We need stronger numbers on that rally if we are to be successful.
I think the Aim of IV should be to make the ENTIRE process of the GC quick and painless and abt 2.5 to 3 years start to finish.
Guys we have to fight the root cause and not the individual symptoms. United we stand. The problem is Backlogs at various stages. We should strive for removing the root cause of backlogs. A united voice which says, "Give us our Green Cards in abt 3 years". If we fight for each individual thing, we will be like many small streams each figthing for it's own little cause. So far we have seen the following SUB issues:
1) Spouses not being able to work
2) Children aging out
3) FBI/Name check clearance.
Now if we each start fighting for the specific cause, the movement will be scattered. Instead what we are trying to do is focuss on eliminating ALL problems.
Guys i ask everyone on here to step forward and Signup for the Rally we are trying to hold In DC. We need stronger numbers on that rally if we are to be successful.
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Saralayar
03-09 06:48 PM
Both 1A and 2A category for Family Based (sons, daughters, spouse - of citizens and green card holders) has better dates (15th Aug 02, 15th Aug 2004) than EB-2 India, and EB-3 India.
This is so preposterous, words cannot even begin to describe this absurdity.
So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.
Do the lawmakers have no common sense left atall??
Check my threads on Citizenship. Ask for citizenship directly if you are living here for more than a decade...
This is so preposterous, words cannot even begin to describe this absurdity.
So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.
Do the lawmakers have no common sense left atall??
Check my threads on Citizenship. Ask for citizenship directly if you are living here for more than a decade...
more...
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Libra
07-05 11:26 AM
What i really wonder is you joined on 2nd of july and questioning IV core efforts....if you really have guts why dont you post with your original login id. and can you please tell me how much you contributed so far for this cause before demanding anything
I ask the doctor to treat me first but also make sure that my brother gets treatment too.It's just that for the past 15 days not one post reg people stuck in BEC's and one guy who started the thread of unfairness got bashed.Even then no announcement nothing from the core team.That's what bugs me.
I'm not trying to create a division.In fact I sympathise with everybody effected by VB ,all the money,effort,time that you have put in.I know I'll be next in line waiting to get in the roller coaster.I also know that core team is not answerable to anybody.
Peace..
I ask the doctor to treat me first but also make sure that my brother gets treatment too.It's just that for the past 15 days not one post reg people stuck in BEC's and one guy who started the thread of unfairness got bashed.Even then no announcement nothing from the core team.That's what bugs me.
I'm not trying to create a division.In fact I sympathise with everybody effected by VB ,all the money,effort,time that you have put in.I know I'll be next in line waiting to get in the roller coaster.I also know that core team is not answerable to anybody.
Peace..
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bugmenot
06-12 08:37 PM
Jeo laal Jeo.... I totally agree with you. I want to see these h1 b restrictions that have been applied in the CIR pass. It will be fun...
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
I do not think that they above restrictions will be in the CIR bill for H1-Bwhen it passes. We know, the tech companies know and most of the law makers know that they need us.. There will be an H1-B increase, restrictions removed and there will be a provition made in parallel to the merit system for EB green cards.
Our job is to get backlog relief.. How we do it is the question....
dont count on the restrictions being removed, the restrictions are the trade off to the major increase that is goin to take place for the h1b's , the biggie US companys are not gonna get affected by them, its only the indian IT and the desi bodyshoppers, so they wil support it as long as they get the h1b's.
more...
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veerug
07-03 07:55 PM
What IV will do different than what AILF is planning to do? They are not asking for any money for participating in litigation. What will happen if you don't reach your target of $5000 before you do something? (may be lawsuit).
Nobody takes money for filing lawsuit in any case, atleast not in advance.
No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.
I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.
Nobody takes money for filing lawsuit in any case, atleast not in advance.
No offense, but i thought you need to be little bit more clear in what exactly you plan to do with $5000.
I don't care if you get offended with my asking. But I am trying to unsderstand if i am missing something.
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indyanguy
07-28 12:26 PM
Now a days this has become a fashion to bash Hinduism and people take pride in doing so just to make a point to prove that they are very secular and far sighted and very broad minded but infact these are the people who are pseudo-secular and the reason for majority Hindus in our own country being held hostage by the policticians and the largest minority community in india.....
I've seen this many times that any hindu who speaks their mind and strong believers in their religion will be tagged as fundamentalists and rss supporters where as I have nothing to do with any religious groups but I am proud of my RELIGION and it does hurt me when I see my religion/gods depicted in a bad way. If you are a aethist then just shutup but don't bash Hindu religion and I am sure that all the guys who tried to do so dont have balls to bash other religions coz they know the conseqences of it and I am sure these religious bashing people are the one who'd visit temple to get their greencards but don't accept it either becoz they are hypocrates or ashamed of their own religion......
You hit the nail on the head. I definitely agree that opposing the hindu religion has become a fashion statement especially in the so called highly educated highly skilled community. If you don't like hinduism, keep your mouth shut and convert yourself to the other liberal religions out there.
I've seen this many times that any hindu who speaks their mind and strong believers in their religion will be tagged as fundamentalists and rss supporters where as I have nothing to do with any religious groups but I am proud of my RELIGION and it does hurt me when I see my religion/gods depicted in a bad way. If you are a aethist then just shutup but don't bash Hindu religion and I am sure that all the guys who tried to do so dont have balls to bash other religions coz they know the conseqences of it and I am sure these religious bashing people are the one who'd visit temple to get their greencards but don't accept it either becoz they are hypocrates or ashamed of their own religion......
You hit the nail on the head. I definitely agree that opposing the hindu religion has become a fashion statement especially in the so called highly educated highly skilled community. If you don't like hinduism, keep your mouth shut and convert yourself to the other liberal religions out there.
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thesparky007
02-16 08:55 PM
so!!!!!!!
none of them is free???
none of them is free???
[uber]
03-11 10:39 PM
when is the poll gonna be set up?
BharatPremi
07-10 12:32 AM
Do you know that July 1st was a Sunday? A non-working day.
Harra Patta,
It was Sunday for you and me and for all on this forum but USCIS worked on that Sunday .. Seems to be weird.. Hunh :eek: Yes, but what can you do now?
Harra Patta,
It was Sunday for you and me and for all on this forum but USCIS worked on that Sunday .. Seems to be weird.. Hunh :eek: Yes, but what can you do now?
