pappu
04-03 10:30 AM
http://immigrationvoice.org/forum/showthread.php?t=24795
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
Update: April 13,2009
http://immigrationvoice.org/forum/showthread.php?t=24824
The problem that IV member Drifter had with his I485 application has been fixed. IV had contacted USCIS and USCIS said that they will reinstate his case.
I am in serious trouble, please read and comment if you can help.
- Spouse (Primary) and I filed I 485 in June 2007. (PD March 2004)
- Spouse Application is approved in July 2008
- Spouse changes employers after approval
- In October 08 we write to the law firm that initially filed the I 485 to withdraw their representation.
- In Nov 08 the Law firm incorrectly writes to USCIS to with draw the I 485 application.
- In March 08 I get an email from USCIS stating my application is withdrawn.
I obtained the notice of withdrawal and the notice says
'As a result of your request, your application is considered withdrawn, and it will recieve no further consideration by USCIS. There is no appeal to this decision.'
Neither I nor my wife have authorized the attorney to withdraw the application, we only wanted them to withdraw their representation (I have the letter we wrote to them and it clearly states it.)
what can we do.
Is it possible to reinstate our case?
Can we refile my AOS again, even thought the primary applicants green card is approved more than 6 months ago?
Thanks for contacting IV with your SOS.
An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.
As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.
Update: April 13,2009
http://immigrationvoice.org/forum/showthread.php?t=24824
The problem that IV member Drifter had with his I485 application has been fixed. IV had contacted USCIS and USCIS said that they will reinstate his case.
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sledge_hammer
03-16 01:37 PM
I have been constantly trying to get the message out here that it is imperative that we do not condone illegal or unlawful activities including covering up out-of-status cases. I have received so many REDs for doing it. Go look at the other two posts I have replied to. Some people who don't like the fact that I advise people to leave the country. They are the ones that give me reds!
I saw this on an anti immigrant site by a M*****r.
Hope some of you will learn a lesson from it and stop posting threads about Telgus, Eb3 vs Eb2.
I have also seen posts by ignorant educated illiterates on IV where they advice people to do illegal things. Some of you own consulting firms or businesses and try to promote it by posting and sending Private messages. If we see such message, let us give reds and report to IV. We also need to discourage people from answering wrong info to posts where someone is illegal/out of status. All this used against us.
I saw this on an anti immigrant site by a M*****r.
Hope some of you will learn a lesson from it and stop posting threads about Telgus, Eb3 vs Eb2.
I have also seen posts by ignorant educated illiterates on IV where they advice people to do illegal things. Some of you own consulting firms or businesses and try to promote it by posting and sending Private messages. If we see such message, let us give reds and report to IV. We also need to discourage people from answering wrong info to posts where someone is illegal/out of status. All this used against us.
sidbee
06-04 01:32 PM
If company is promoting and Apply for EB2, then the PD should be Promotion Date. Because EB2 qualification starts only after promotion. One cannot go back and get old PD and attach it to EB2 after promotion. That is unfair to people, who are already promoted and applied before. Hope this makes sense.
Everything is fair in love and war.
But this should be neither , and the law allows porting. So if any body gets a chance to port, he should take it.
AND BY THE WAY. GC IS FOR A FUTURE JOB,SO DATE OF PROMOTION HAS NOTHING TO DO WITH IT.
SO I WOULD SAY THAT THE CONCEPT OF PRIORITY DATE IS VAGUE.IF U ARE IN INDIA, AND YOU PLAN TO MOVE TO US , IN 10 YEARS, A COMPANY IN THE US CAN APPLY FOR YOUR GC TODAY, SO THAT YOU CAN GET A GC IN INDIA , AND THEN MOVE HERE TO DO THAT JOB IN 10 YEARS.
Everything is fair in love and war.
But this should be neither , and the law allows porting. So if any body gets a chance to port, he should take it.
AND BY THE WAY. GC IS FOR A FUTURE JOB,SO DATE OF PROMOTION HAS NOTHING TO DO WITH IT.
SO I WOULD SAY THAT THE CONCEPT OF PRIORITY DATE IS VAGUE.IF U ARE IN INDIA, AND YOU PLAN TO MOVE TO US , IN 10 YEARS, A COMPANY IN THE US CAN APPLY FOR YOUR GC TODAY, SO THAT YOU CAN GET A GC IN INDIA , AND THEN MOVE HERE TO DO THAT JOB IN 10 YEARS.
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gcnirvana
12-04 01:18 PM
Visa Stamp in Passport: 13-Jan-2007 (I94 in passport expires on 1/13/07)
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
Current I-797 : From 02/24/2006 to 04-Jun-2007
3-Year extension based on I-140 from: 05-Jun-2007 to 04-Jun-2010
In this scenario, if I goto India, say in Feb, get my visa stamping done, what will be the validity of my visa in the passport?
1. 05-Jun-2007 to 04-Jun-2010 as stated in my 3-yr extension or
2. the date I went for interview till 04-Jun-2010??
If its the former, then how can I get into US during March '07 as there will be a gap in my visa dates in the passport?
I will send the same questions to my attorney but would like to know before hand, just in case, if my attorney tries to act smart :(
Thanks in advance for your responses...
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krishna.ahd
10-02 12:23 PM
Hi
I work as independant consultant as aslways have risk of no assignment for shorter term.
This is what i do - see if it helps
- Create emergency fund for 3/6 months if you dont have already one in place.
Atleast 3 months, depends on how much one feel secure / confident to getting another assignment/job in case of job lost
- Open/get approve HELOC -
dont use untill necessary - if any further emergency you can tap that always
- Start paying the mortgage as additional principal some part of your surplus (even $100) every month which helps you get higher limit of HELOC at later date
I work as independant consultant as aslways have risk of no assignment for shorter term.
This is what i do - see if it helps
- Create emergency fund for 3/6 months if you dont have already one in place.
Atleast 3 months, depends on how much one feel secure / confident to getting another assignment/job in case of job lost
- Open/get approve HELOC -
dont use untill necessary - if any further emergency you can tap that always
- Start paying the mortgage as additional principal some part of your surplus (even $100) every month which helps you get higher limit of HELOC at later date
grupak
03-06 07:14 PM
Yep. Paid Time Off (PTO) - This will allow me to get regular checks until PTO is exhausted.
Actually, my question is it LEGAL to work for the New employer (After filing H1B Transfer and getting the receipt) when on PTO (Paid Time Off) with current employer?
There was discussions in this forum on working multiple jobs on H1B. Murthy claims you can as long as you have an H1B petition for each job. http://www.murthy.com/arc_news/a_h1faqs.html
But, if you already have the receipt for the H1B transfer for the new job, why bother too much. Ask your employer if they would just pay your vacation time, and start the new job.
Actually, my question is it LEGAL to work for the New employer (After filing H1B Transfer and getting the receipt) when on PTO (Paid Time Off) with current employer?
There was discussions in this forum on working multiple jobs on H1B. Murthy claims you can as long as you have an H1B petition for each job. http://www.murthy.com/arc_news/a_h1faqs.html
But, if you already have the receipt for the H1B transfer for the new job, why bother too much. Ask your employer if they would just pay your vacation time, and start the new job.
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snathan
04-09 10:40 PM
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
1. You have two hands and two middle finger...just show to him and move on.
2. Or call the DOL and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to DOL and move on.
You dont have to bother anything else.
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
1. You have two hands and two middle finger...just show to him and move on.
2. Or call the DOL and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to DOL and move on.
You dont have to bother anything else.
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eb3_2004
08-26 07:11 AM
I live in Downtown Chicago...Add me into this chapter
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raj2007
03-01 12:10 PM
though I agree there is no grace period however practically USCIS has not been rigid about the dates. MOST of the employers do not inform USCIS about firing of H1b. During dot com bust, USCIS has 'unofficially' said that 15-20 days are good enough (again not as a policy decision but informally). It should be avoided, however it may not be always possible, and having few days gap should not be something on which you make life or death decision.
Yes there is no grace period but INS overlook 3-4 weeks gap after layoff.I have seen lot of cases getting approved, if there were filed in that time period.
Yes there is no grace period but INS overlook 3-4 weeks gap after layoff.I have seen lot of cases getting approved, if there were filed in that time period.
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blue_line
03-02 01:06 PM
is it even legal for you to pay for G.C.
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
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gagbag
06-14 09:06 PM
Any one
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gcformeornot
02-28 09:30 PM
about your situation, but what I heard if you want to keep your H1b you need to find new job in 2-3 weeks.....
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EkAurAaya
11-30 09:13 PM
Thank you guys for the good wishes :)
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
Here is what we learned from my case, please feel wordsmith it and put it on wiki -
Some History:
My PD - Feb 2003 EB3 (140 was marked for CP)
May 2007: EB3 dates move to May 2003 - my lawyer prepared for June 1st filing of 485
June 2007: My wife's PD of April 2004 EB2 (140 was marked for AOS) becomes current - her lawyer starts preparing to file for 485.
We discussed the situation with our lawyers (but we were sure we would go with what my lawyer advices, she always gave good advice - both the law firms are very reputed and well known)
My Lawyers advice: Do not file both 485's at the same time, if the files get assigned with different alien #'s it will be very difficult to get the cases merged. Files could land up in two different physical locations etc... basically huge possibility of delays
Her Lawyers advice: We have not come across such situation, we think we should file anyways.
Our decision: File my set of 485 as we could do that on 1st June itself and apply for EAD for some relief! and not wait for July 1st (at that time we thought with was the best - better file what's current)
Interim efforts: Again discussed the situation with my lawyer as things were not moving, we discussed possibility of changing my wife's AOS application to CP - since dates became unavailable, we though we could probably capitalize on switching to CP with the hope that the files will get transferred to India, and as soon as visa #s are available we will get assigned one and called for the interview.
So we filed i824 - change request on exiting application, the request was pending all this while, we made several service requests in between. Basically it was a wasted effort, seems like USCIS officers didn't know what to do with the request.
Sept 2009: My wife's PD became current, we again prepared for filing 485 (took medical again etc).
Checked with my lawyer what needs to be done... her advice (this time both lawyers had the same advice), file 485 MAKE SURE they use the same Alien # that we got from my application.
Files on Sept 1st > Finger Printing 1st week Oct > my set of 485 files moved from Nebraska to Texas early November > 2nd set of 485's approved late November > 1st set of 485's denied based on 2nd set approval
Hope this helps!
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GC_SUCK
03-02 03:00 PM
Well yes, my company is paying for this? But there is a limit for the company too, right?
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telekinesis
05-24 12:51 PM
Sounds good. Almost done with mine!
By the way, the title at the top of the browser assumes I'm graphicslash.
By the way, the title at the top of the browser assumes I'm graphicslash.
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rajeshalex
09-19 10:44 AM
I have a baby (10 months) US citizen. I can campaign on behalf of him ...
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bugsbunny
03-29 04:06 PM
Hi Guys,
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
lol you are complaining about 4% tax? :)
1. not sure about this...normally you need a SSN or TaxID to open a back account here...however some banks dont require it...which is what illegal immigrants exploit.
so if its done without a SSN or TAXID then you may get away without paying tax.
However some companies wont pay you if you dont have a TaXID or SSN
2. worst of the 3 ideas...cause u will be paying individual tax rate...of around 30% or more
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
lol you are complaining about 4% tax? :)
1. not sure about this...normally you need a SSN or TaxID to open a back account here...however some banks dont require it...which is what illegal immigrants exploit.
so if its done without a SSN or TAXID then you may get away without paying tax.
However some companies wont pay you if you dont have a TaXID or SSN
2. worst of the 3 ideas...cause u will be paying individual tax rate...of around 30% or more
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tonyHK12
05-09 10:17 AM
For them there are strict check at airports.
Hope so, but the cases of AP being refused entry are extremely rare. You'll have a hard time finding them on forums. while 80% of consulting company H1bs may get 221g, it could be less than 1% of AP holders who face issues.
Hope so, but the cases of AP being refused entry are extremely rare. You'll have a hard time finding them on forums. while 80% of consulting company H1bs may get 221g, it could be less than 1% of AP holders who face issues.
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pani_6
02-14 05:03 PM
Guys have any clue as to when the CIR will be taken up by the senate..do they have any kind of a calendar??.
chmur
11-20 08:02 PM
I was excited and I am really interested in this idea.
alas I am not from Bay Area ...Good Luck anyway
alas I am not from Bay Area ...Good Luck anyway
GIC
07-12 04:42 PM
Sorry if I sound offensive man but with this kind of English you need serious help before you need EB category green card.
Well TimeSaver, you need to brush up your English too !!!
Well TimeSaver, you need to brush up your English too !!!