shx
09-27 11:11 PM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
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raysaikat
03-28 11:01 PM
Saikat,
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
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paskal
02-21 01:26 AM
Option 5 is true for J1, since H1 is not a training visa however I do not think you can get an extension. For J1 it is a simple matter of getting a new sponsorship (used to be called IAP 66) from ECFMG.
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sodh
07-18 07:56 PM
Please meet your senator or someone influential.
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maximus777
03-04 05:49 PM
Dont think so. If you have tech skills, might want to try your luck with H1-B circus.
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h4hopeful
04-06 04:30 PM
I am new and just discovered this thread, regarding the Talent Bill that if passed, among other benefits will let H-4s work. Anyone knows who is promoting it and who we can to make sure it is considered and debated? Thanks.
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nozerd
12-17 09:18 PM
Yup, same here. 7 yrs 5 months and waiting.
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
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tdasara
02-08 09:37 AM
L1A - qualifies for EB1 but Indian companies very rarely do it.
L1B - EB2/EB3 but again not many sponsor.
L1B - EB2/EB3 but again not many sponsor.
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gccovet
10-09 01:27 PM
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
I would suggest you not to take this lightly, though some IO on phone said so. I would suggest you to go for infopass ASAP
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
I would suggest you not to take this lightly, though some IO on phone said so. I would suggest you to go for infopass ASAP
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cableman
08-09 02:33 PM
You can have experience in any country not necessary in USA. But the experience earned at current employer is not considered towards 5 years
This is true. That said, if you transfer from one office/department to another office/department within the same employer, you can count the 5 years experience as long as these two offices/departments are using two different Tax Id for your W-2. This is what our lawyers told us.
This is true. That said, if you transfer from one office/department to another office/department within the same employer, you can count the 5 years experience as long as these two offices/departments are using two different Tax Id for your W-2. This is what our lawyers told us.
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ilikekilo
03-05 09:22 PM
I dont think we have to panic...if needed gvot will print money for FDIC...heck when they can do it for banks..
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tnite
10-16 01:28 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
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pthoko
08-04 04:27 PM
The thing is that re-entry using AP does not wipe out previous out-of-status issue as per the 245(k) memo
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gimme_GC2006
05-04 05:58 PM
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
Well..I guess..eb3retro may have wanted to know if that is not cheating then what would be anybody's intention in paying all those rents/taxes when you are not physically here :confused:
Well..I guess..eb3retro may have wanted to know if that is not cheating then what would be anybody's intention in paying all those rents/taxes when you are not physically here :confused:
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baskarans
10-08 02:15 PM
PIO card is valid for 15 years and no need to apply for visa every time you go. You just present it with the passport when entering/departing in India. it takes about 20 days to get it they say 15 working days which is about 3 weeks. if you do in person they will check all documents and let you know if there is some thing wrong so you can correct it and submit it and no issues when issuing. they give you date to pick up or even you can ask them to mail back for 15$. i would say get poi if you have time and also if you are local do pio if you are not getting it by the time of travel you can always go and get visa the same day. http://www.cgisf.org/ is the sfo counslate website can get all the infor and download application there. even you can email them they are very prompt in replying you will get a reply the next day if you have any questions
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needhelp!
11-27 05:24 PM
I don't think this will jeopardize their cash flow. Surely they will charge 3 times more for a 3 year renewal. It will just make life easier for us and them.
And then I will complain about having to spend for a 3 year renewal when I 'expect' to get my GC within a few months.
And then I will complain about having to spend for a 3 year renewal when I 'expect' to get my GC within a few months.
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wandmaker
10-23 10:15 AM
Thanks guys,
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid
But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
Is it not needed for wife's case to be independently handled.
You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid
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anilsal
12-28 09:37 AM
I think it was the period when the formal retrogression phenomenon started.
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inskrish
09-06 02:27 AM
Inskrish,
Do I need to take separate appointments for my wife....I mean can I take one appointment on one Receipt # and check the status of hers too at infopass? On telephone call they always ask for the applicant when checking the status.
I'll take an infopass then...did u call us the customer service before the infopass...I am sure they'd have told you that your dependents are approved...I am sure infopass agent see the same screen as the customer reps at the Nat serv centers.
Thanks,
SoP
Hi SeekerOfPeace,
It is a general rule that the each adult applicant should be physically present at the USCIS office for the Infopass appointments, but the the IO that I had appointment with was very informative and cooperative. So, I was able to get the case details for my wife and dependant, but this may not be the case with other locations and IOs. No, The Infopass IOs can get more information about our cases than the NSC Level 1 customer reps.
Do I need to take separate appointments for my wife....I mean can I take one appointment on one Receipt # and check the status of hers too at infopass? On telephone call they always ask for the applicant when checking the status.
I'll take an infopass then...did u call us the customer service before the infopass...I am sure they'd have told you that your dependents are approved...I am sure infopass agent see the same screen as the customer reps at the Nat serv centers.
Thanks,
SoP
Hi SeekerOfPeace,
It is a general rule that the each adult applicant should be physically present at the USCIS office for the Infopass appointments, but the the IO that I had appointment with was very informative and cooperative. So, I was able to get the case details for my wife and dependant, but this may not be the case with other locations and IOs. No, The Infopass IOs can get more information about our cases than the NSC Level 1 customer reps.
bskrishna
02-11 10:54 AM
The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
Ann Ruben
06-30 11:26 PM
have you been employed by Company B? If so, for what dates do you have paystubs?
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