HV000
08-10 12:44 AM
It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
Very good points. We should know more about this tomorrow. Hopefully they are referring to FB/EB IMMIGRATION.
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Slowhand
05-08 05:05 PM
What if your old employer cancels your I-140? In that case wouldn't it be better to have informed USCIS that you changed jobs?
immi2006
08-08 01:35 PM
I think it is /qtr basis, not based on salary, for instance if gates makes 1 Million a year, does not mean his SS contri is all done :-)
Irrespective of how much you make, the yearly deduction is always 4 K per anum,
It's not per quarter. It's based on your earnings. It was around $4000 per year gross or so for 4 credits. So if u arrived in December and left in Feb with 8 years in between you would be eligible if you get paid $4000 per month.
For a lot of finance information go to http://groups.msn.com/R2IClub. For 401K information, IRA, ROTH etc search google for "RRK Limits". RRK has tonnes and tonnes of info. By planning your departure from USA you can minimize the taxes on 401K. Penalty cannot be avoided.
Irrespective of how much you make, the yearly deduction is always 4 K per anum,
It's not per quarter. It's based on your earnings. It was around $4000 per year gross or so for 4 credits. So if u arrived in December and left in Feb with 8 years in between you would be eligible if you get paid $4000 per month.
For a lot of finance information go to http://groups.msn.com/R2IClub. For 401K information, IRA, ROTH etc search google for "RRK Limits". RRK has tonnes and tonnes of info. By planning your departure from USA you can minimize the taxes on 401K. Penalty cannot be avoided.
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newuser
02-17 07:54 AM
Hi Everyone,
I am relatively new to this forum and for the first time, I attended the conf last night and happy to see many people coming forward and discussing the immigration issues. I learned a lot about what IV is trying to do and would like to help IV any possible way by spreading the word.
As discussed last night, I will print out of the flyers and put them inlocal grocery stores and temples.
Best of luck to everyone.
I am relatively new to this forum and for the first time, I attended the conf last night and happy to see many people coming forward and discussing the immigration issues. I learned a lot about what IV is trying to do and would like to help IV any possible way by spreading the word.
As discussed last night, I will print out of the flyers and put them inlocal grocery stores and temples.
Best of luck to everyone.
more...
bfadlia
11-30 10:48 AM
you may try to send them other evidence of your language skills, presence, study, or work in the US, a letter of explanation, .. but there is no guarantee they'll accept this, especially if you gave yourself maximum points in the language skills. I know people who got their phd's in the US and they were still adked to do IELTS.
But once they already asked you to take the test, you have to do it, they would suspect fraud if you don't
I took the test, it's no big deal, not much preparation needed for people like us using English everyday at work.
But once they already asked you to take the test, you have to do it, they would suspect fraud if you don't
I took the test, it's no big deal, not much preparation needed for people like us using English everyday at work.
gc28262
07-16 06:44 PM
If you have an appointment letter and a relieving letter from your past employer, that should prove that you worked for that employer.
A detailed experience certificate as mentioned above could prove your experience in the specified skillset.
Here is another notarized affidavit format
------------------------------------------------------------------------------------------------------------------------------
AFFIDAVIT FROM CO-WORKER
I COLLEAGUE residing at COLLEAGUE''s ADDRESS being first duly sworn, depose and state that:
I was an employee of COMPANY NAME, COMPANY ADDRESS from Month-Day-Year to Month-Day-Year.
YOUR NAME was also an employee of company as a YOUR DESIGNATION around this time and I am aware of YOUR NAME�s responsibilities as we were colleagues.
His/Her duties during this period included YOUR SKILL SET HERE
If you need any more information please do not hesitate to contact me.
Colleagues� Name & Signature
Sworn to before me this on MM/DD/YYYY
(Notary Public's signature & seal)
------------------------------------------------------------------------------------------------------------------------------
A detailed experience certificate as mentioned above could prove your experience in the specified skillset.
Here is another notarized affidavit format
------------------------------------------------------------------------------------------------------------------------------
AFFIDAVIT FROM CO-WORKER
I COLLEAGUE residing at COLLEAGUE''s ADDRESS being first duly sworn, depose and state that:
I was an employee of COMPANY NAME, COMPANY ADDRESS from Month-Day-Year to Month-Day-Year.
YOUR NAME was also an employee of company as a YOUR DESIGNATION around this time and I am aware of YOUR NAME�s responsibilities as we were colleagues.
His/Her duties during this period included YOUR SKILL SET HERE
If you need any more information please do not hesitate to contact me.
Colleagues� Name & Signature
Sworn to before me this on MM/DD/YYYY
(Notary Public's signature & seal)
------------------------------------------------------------------------------------------------------------------------------
more...
fatboysam
02-01 08:50 AM
Congrats
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mbartosik
05-30 01:17 PM
Following this logic only BEC cases are affected.
I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.
If BECs complete processing by year end then all I140s could be issued within a few months of that.
After BEC cases have been processed then what's the problem since PERM is workable?
The only problems I see are:
BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.
The extension beyond 6th year was only ever intended to allow for the labor certification backlog.
Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).
If the BECs complete their job, why would there be a need for 7th year extensions?
I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.
If BECs complete processing by year end then all I140s could be issued within a few months of that.
After BEC cases have been processed then what's the problem since PERM is workable?
The only problems I see are:
BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.
The extension beyond 6th year was only ever intended to allow for the labor certification backlog.
Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).
If the BECs complete their job, why would there be a need for 7th year extensions?
more...
mhtanim
02-02 02:59 AM
She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
I second this. Unlike H-1B or H4 which are dual intent, F1 is not. After filing I-485, entering in the U.S. as F1 may cause complexities. I would suggest that you talk to a good immigration attorney.
Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.
I second this. Unlike H-1B or H4 which are dual intent, F1 is not. After filing I-485, entering in the U.S. as F1 may cause complexities. I would suggest that you talk to a good immigration attorney.
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kak1978
08-04 04:46 PM
gchopes,
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
more...
bbenhill
09-18 02:56 PM
Hi, I believe you can only use EAD and AC21 after I140 is approved and 180 days of filing I-485.
Guru(s) : Please let me know if I am mistaken but by using EAD before above conditions will abandon GC application because labor certification is being violated.
PS : I am not a lawyer/attorney. please use this information for your own risk.
Thx
Guru(s) : Please let me know if I am mistaken but by using EAD before above conditions will abandon GC application because labor certification is being violated.
PS : I am not a lawyer/attorney. please use this information for your own risk.
Thx
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rakeshverma72
03-30 12:44 PM
PD: 06/26/2006
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
Category: EB2
I140 Approved: 02/14/2006
485 Filed: 07/02/2007 (NSC) -- Pending
H1-B:- 9th year expiring on May 26th 2010
EAD:-Valid till 09/2/2010
AP:- Valid till 09/2/2010
I work for big consulting firm - Lockheed Martin. Where they have different business groups under different VP. And Pretty much my project works as it's own company. And I try to maintain both H1-B and EAD(AP) valid.
While filing my Green card I was filed under Lockheed Martin-Federal(Subsidiary of Lockheed Martin) and also I got my H1-B approved in May 2007(Valid until May 2010) under Lockheed Martin-Federal. End of 2008 my business unit's VP changed and so the name of Subsidiary with different FEIN and from September 2008 I work for Lockheed Martin-S&L(Subsidiary of Lockheed Martin). So for the year 2008 I got two W2 one from Lockheed Martin-Federal and another from Lockheed Martin-S&L. As I was working for Lockheed Martin and the same project since I have filed my Green Card; I never thought my case would be of any issue.
But after reading about AC-21 I have following questions from the community
1) In case above, do I need to file for AC-21. Or will I be okay at the time of my Green Card approval.
2) I have travel plans in the month of June 2010 to Europe. Should I worry about re-entering US with AP.
3) My lawyer is applying for H1-B under new companies name, do you think my H1-B will get approved with the new company name.
Thanks a lot
more...
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mpadapa
03-24 01:31 PM
Excellent Job, Mark.
U'r response was crisp. Thanks to caller Andy for clarifying few things
U'r response was crisp. Thanks to caller Andy for clarifying few things
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srarao
07-19 04:23 PM
I read some posts and they say we need to go to local heath dept.If some one has exp ,I just wanted their suggestion
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humdesi
02-17 11:02 PM
I was wondering what are the rules regarding the 'overflow' stuff. Any document ?
It's discussed here in detail:
http://immigrationvoice.org/forum/showthread.php?p=205986
It's discussed here in detail:
http://immigrationvoice.org/forum/showthread.php?p=205986
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number30
03-28 07:54 PM
As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?
Call IRS. They help you very well.
Call IRS. They help you very well.
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neogator
01-19 05:20 PM
Although your question is quite laughable and absurd, you could make a point by asking of a list of people who gave up on immigration to the US because of the EB3 backlog. And if these people did make it big..then you have a point.
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rsdang
11-17 02:43 PM
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.
Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...
I have had a valid H1 and AP for a while now and travelled on AP without issues.
Hope it helped.
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abhijitp
01-25 01:35 PM
Volunteers all over the country are helping this effort outside of a local train station in SF Bay area, and members who live within 2 miles of the train station don't even read their mails!
Thanks Janislal and Kicca.
Together, we will make the admin fixes HAPPEN!
Thanks Janislal and Kicca.
Together, we will make the admin fixes HAPPEN!
snathan
08-30 08:29 PM
Hi,
There are 2 processing centers - Atlanta and Chicago...but all the audited cases can be processed only at Atlanta, i.e chicago audited cases will be transferred to Atlanta....
I believe there is only one processing center for PERM now. Only Atlanta is doing the PERM processing. All cases are trasfered to atlanta from chicago. Thats what I heared from Ron Gocher.
Thanks
There are 2 processing centers - Atlanta and Chicago...but all the audited cases can be processed only at Atlanta, i.e chicago audited cases will be transferred to Atlanta....
I believe there is only one processing center for PERM now. Only Atlanta is doing the PERM processing. All cases are trasfered to atlanta from chicago. Thats what I heared from Ron Gocher.
Thanks
eb3_nepa
04-13 11:08 PM
Thanks everyone. Please keep the updates coming :)
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