sargon
02-25 10:09 AM
LoL. No wonder she got caught. She is not only a thief, she is also stupid.
:rolleyes:
Details says your friend and the title says you (used 'I').
Which is correct. ?
:rolleyes:
Details says your friend and the title says you (used 'I').
Which is correct. ?
wallpaper Dennys Funny Quotes:
kondur_007
03-25 08:31 PM
Got some answers for you (they are in red below).
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
vandanaverdia
09-09 02:09 PM
We have very little time on our hands. This is calling all WASHINGTONIANS. Lets do something & make a difference!
2011 funny animals with quotes.
Iamthejuggler
01-22 04:36 AM
Any chance of getting a descriptive sentence next to the entries? I don't think people will realise that they can use the mouse to rotate the camera in mine without one unless they luck into it.
more...
amsh
08-22 04:01 PM
Hi there,
Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.
Note: Still I am working for the same sponsered employer.
1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?
-both applications are independent of each other
2. What happens to my EB3 processing if my EB2 got rejected for some reason?
----it remains valid
3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?
---No risk
4. What all the requirements filing EB2 for converting from EB3?
------5 years of progressive experience or post graduate degree and the job for which you are working for requires that .
I would really appreciate your answers.
Thanks,
Matt.
Hi Matt
Mine is EB3 India; priority date is Jan, 2007 and 485 filed in July, 2007 filters. I am holding 3 years of bachlers and 1 year diploma plus 10 years of professional experience. I do not see any progress in EB3 for another couple of years and thinking convert my petition from EB3 - EB2 but got few questions as follow; by the way I am on EAD now, no more H1B - so my situation is do or die :) I would not say die because this is not only the world for us.
Note: Still I am working for the same sponsered employer.
1. If I file new petition with EB2 based on my old EB3 priority date with same employer, what happens to my EB3 application processing? will that get effected in any way?
-both applications are independent of each other
2. What happens to my EB3 processing if my EB2 got rejected for some reason?
----it remains valid
3. If I get m 140 approved with my new EB2 filing; what kind of risks I have porting EB3 485 to EB2 file?
---No risk
4. What all the requirements filing EB2 for converting from EB3?
------5 years of progressive experience or post graduate degree and the job for which you are working for requires that .
I would really appreciate your answers.
Thanks,
Matt.
Hi Matt
Maverick_2008
04-07 05:59 PM
Not trying to set a precedence at all but just sharing my personal experiences. What happened to me may not happen to others - so, better to follow the right process/protocol. Whether it has any impact on 485 or not is unknown to me (unlike you, I don't know anyone who has had any issues as a result of I-94) but holding the document back deliberately at the point of departure won't do much good for sure.
Maverick_2008
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
Maverick_2008
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
more...
vdlrao
11-19 03:50 AM
Hello All,
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I presume you can continue your studies using your EAD. Yes you could utilize that EAD after your studies too. And at any given point of time one can have only one Staus. So in your case its either EAD or F1. If someone's EAD is already approved, I dont think that someone could change to F1 unless his/her EAD has been denied.
PS: I am not a lawyer. This is just my openion.
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I presume you can continue your studies using your EAD. Yes you could utilize that EAD after your studies too. And at any given point of time one can have only one Staus. So in your case its either EAD or F1. If someone's EAD is already approved, I dont think that someone could change to F1 unless his/her EAD has been denied.
PS: I am not a lawyer. This is just my openion.
2010 funny quotes on life images.
needlotsofluck
08-01 09:56 PM
Old filing fee and form if filed by 8/17
No negative side other than a few days delay for them to match it up against your I-485
I called USCIS #1800-375-5283 option:1,2,2,6,2,2,1 and informed me to use the new forms and should be mailed to new mailing addresses. As per new forms, I have to file I-765 and I-131 on two different locations. I am now confused?
No negative side other than a few days delay for them to match it up against your I-485
I called USCIS #1800-375-5283 option:1,2,2,6,2,2,1 and informed me to use the new forms and should be mailed to new mailing addresses. As per new forms, I have to file I-765 and I-131 on two different locations. I am now confused?
more...
krithi
04-23 12:38 PM
First of Change the subject of this thread. This is confusing to state that your I485 is already denied.
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
hair Funny Quote: I remmember the
Hinglish
03-03 11:35 AM
adjusted Gross Income:)
Shoot ... I knew I didnt get that right ... :p
Shoot ... I knew I didnt get that right ... :p
more...
irrational
04-04 02:34 PM
Our company went with a cheapo attorney.
But, from the lessons I learnt over time, WE have to be monitoring all these even if there is an attorney, since ultimately its our life which will be miserable. :o
But, from the lessons I learnt over time, WE have to be monitoring all these even if there is an attorney, since ultimately its our life which will be miserable. :o
hot quotes about idiots; quotes on idiots. Quotes by Political Idiots
casinoroyale
08-19 09:41 PM
(1) To being with, I have made an appointment using nvars.com at Ottawa for Sept 22nd. It was not easy, I have refreshed that page hundreds of times entering that security code. Several times I felt dizzy doing that.
(2) Working on Canada visitor visa
Questions:
I-94:
Based on what I read, it seems like we do not need to return our existing I-94s while entering Canada. Is this true if you enter either by Air or Land?
(2) Working on Canada visitor visa
Questions:
I-94:
Based on what I read, it seems like we do not need to return our existing I-94s while entering Canada. Is this true if you enter either by Air or Land?
more...
house Real Idiots
factoryman
06-19 06:03 PM
One or two.
I didn't research all this. My good old INS doctor just gave only one. Anybody need doctor's details, PM me. This is only a free service. Nice elderly American
physician. Fees USD 200
lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.
Well i feel the blood report might say something of that sort...just guessing!!
I didn't research all this. My good old INS doctor just gave only one. Anybody need doctor's details, PM me. This is only a free service. Nice elderly American
physician. Fees USD 200
lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.
Well i feel the blood report might say something of that sort...just guessing!!
tattoo funny math quotes.
MeraNaamJoker
09-16 04:44 PM
Here is the scenario.
If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.
If the company B can file for an AC21 at the earliest, that is the best option you have with you.
Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.
So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.
You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.
I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.
It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.
Do not take chances. Do it in the legal way as much as possible.
Good Luck to all of you
If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.
If the company B can file for an AC21 at the earliest, that is the best option you have with you.
Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.
So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.
You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.
I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.
It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.
Do not take chances. Do it in the legal way as much as possible.
Good Luck to all of you
more...
pictures quotes about idiots. Stupid People Quotes - 1.0; Stupid People Quotes - 1.0
yabadaba
06-26 01:28 PM
once again^^^
dresses quotes on idiots. quotes on idiots. Self Confidence Quotes for
ThackeG67
08-08 08:20 PM
Hi I'm a newbie here and just want to know where can I find the forum rules to avoid posting errors. Thanks
more...
makeup quotes on idiots. “Only idiots refuse to change
needhelp!
03-28 01:30 PM
Thanks to the volunteers putting in the efforts to work on this. Soon everything should be smoothened out.
girlfriend for 3 Idiots Tamil remake”; quotes about idiots. quotes listed encourage
Robert Kumar
01-02 11:25 AM
Hi,
Here is a question.
Can somebody join an MBA program full time at one's own expense, while on H1B and with 485 pending.
I can see more scope in my company if I have an MBA. Also company is not doing very well.
So, can I join a school till I get my MBA.
How does this reflect on my H1B and pending GC, if company is not paying my salary. I plan to take leave and come back again after the program, but be on payroll.
Thank You,
Bobby.
Here is a question.
Can somebody join an MBA program full time at one's own expense, while on H1B and with 485 pending.
I can see more scope in my company if I have an MBA. Also company is not doing very well.
So, can I join a school till I get my MBA.
How does this reflect on my H1B and pending GC, if company is not paying my salary. I plan to take leave and come back again after the program, but be on payroll.
Thank You,
Bobby.
hairstyles quotes on idiots. wallpapers in 3 idiots, quotes on idiots. wallpapers in 3
nixstor
10-30 04:32 PM
I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
I understand what you are saying but its difficult for people to check their typos when posting online. I mean not every one has that time when they are juggling things. It's not M$oft outlook right :) B T W, I am not the one who posted it.
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
I understand what you are saying but its difficult for people to check their typos when posting online. I mean not every one has that time when they are juggling things. It's not M$oft outlook right :) B T W, I am not the one who posted it.
jvordar
04-17 11:01 PM
cool thnx guys... it has cleared my confusion...
Gundark
08-25 05:55 PM
I've got a few more ideas I'd like to try, but It'd be fun to do some that other people suggested. Maybe you need to solicit ideas in random to get more of an audience.
No comments:
Post a Comment