willwin
03-22 05:05 PM
This PWD has easily become another "major" process in the very long, frustrating GC journey.
PWD-LC-I140-AOS!!!
Don't be surprised if they bring a premium processing for PWD request and charge $1000 for that.
PWD-LC-I140-AOS!!!
Don't be surprised if they bring a premium processing for PWD request and charge $1000 for that.
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ryan
05-28 07:57 PM
Thanks Ryan for reply but I am bit confused... Do I need to have US Visa for working with Canadian company, even if company don't have anything do with US.
It's canada based company and will be working remotely.
Let me get this straight; You're working "remotely" for a Canadian firm whilst living (full time) in the United States?
You shall require a US work visa or a legal resident status to live & work in the US - because (like I said) your status in Canada is irrelevant whilst living & working full time in the US (for a US or foreign Company) I'm not quite sure why that's confusing?
It's canada based company and will be working remotely.
Let me get this straight; You're working "remotely" for a Canadian firm whilst living (full time) in the United States?
You shall require a US work visa or a legal resident status to live & work in the US - because (like I said) your status in Canada is irrelevant whilst living & working full time in the US (for a US or foreign Company) I'm not quite sure why that's confusing?
bindas74
10-30 08:28 PM
Most of the kids of H1B people are attending public schools.
Public school education also public charge according to this.
Read it.
Educational assistance (such as attending public school)
It is "not considered" for public charge
Public school education also public charge according to this.
Read it.
Educational assistance (such as attending public school)
It is "not considered" for public charge
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dilipb
01-31 05:32 PM
What I am asking is "what does processing date mean"?
Does it mean that they have started working on my application?
or that the cases on that date have been finalised either by way of approval OR denial ?
Does it mean that they have started working on my application?
or that the cases on that date have been finalised either by way of approval OR denial ?
more...
need_EAD
03-17 11:44 AM
Good News. Great Job Jay.
dc2007
07-25 10:55 AM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
more...
Raj Iyer
09-13 12:13 PM
Hi:
IF your I-485 is not denied, then you don't have any unlawful presence. What was your non-immigrant status at the time of filing the EB-1 petition?
IF your I-485 is not denied, then you don't have any unlawful presence. What was your non-immigrant status at the time of filing the EB-1 petition?
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hsingh82
04-15 03:47 PM
I own house too. My immediate goal would be to get my PERM and I-140 approved and with the help of approved I-140 get a 3 years extension so that i can stay and enjoy my new house for few more years. By the way i was in this queue in Mar06(my first perm) and Jun 07(My second perm) and now again in April 09. I am building my patience every year :D
Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.
Good luck!!
Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.
Good luck!!
more...
kondur_007
02-23 07:11 PM
Well, in the middle of negative comments, I have something positive to add here.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
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sanprabhu
10-02 09:40 AM
Don't go by the online status messages at all. They are meaningless and not connected to your real case status. I think the worker made a mistake in selecting the online case message when they adjudicated your application.
Hi All
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
Hi All
Cheques were encashed for my and my wife's I-485, I-765, I-131 application.
I have received the receipt numbers for all from the back of the cheques.
When I access the receipt number for one of the I-765 Uscis shows the following update :
On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??
Anybody in a similar situation ?
more...
adibhatla
02-18 12:15 PM
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
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mps
07-17 10:34 AM
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?
more...
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extra_mint
10-12 08:47 PM
Question is why make it mandatory ??
There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!
I think it is safe to assume that answer is NO
We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.
By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)
http://www.ennislaw.com/gardasil.html
I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
There are thousands of prevention medicines and vaccines in the market. Do all of us take all of them !!!!
I think it is safe to assume that answer is NO
We have an option of making choice and it is upto us to either go for a vaccine or not. So fair thing should be not to enforce this on immigrants.
By the way, CDC has approved lots of medicines which are not safe and we figure their side effects later on. Please check the following link (few side effects of gardasil)
http://www.ennislaw.com/gardasil.html
I am not saying that this vaccine is bad for every women, I think it is unfair to make this mandatory and that too just on immigrants.
lawsuit?? oh come on. This is for a CDC recommended vaccine which might help prevent cancer!!
To my mind this is the ONLY fees that we are paying which really means something useful to us... After paying thousands of dollars in fees to USCIS (H1/485/EAD/AP), hundreds to DoS (visa stampings), and sponsoring multiple trips to Hawaii for my lawyer (his fees would make you faint) this is finally a fee that actually does something useful to the applicant, and I would gladly pay this for my family members.
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fatboysam
05-17 01:05 PM
IfYouSeekAmy,
Can you please share your experience with them?
Thanks
Can you please share your experience with them?
Thanks
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gcformeornot
10-13 07:28 AM
She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.
you luck.
you luck.
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Kapils573
12-07 11:17 AM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=644678d8a15e0110VgnVCM1000000ecd190aRCR D
Scheduled USCIS.gov site outages
Our Case Status Online system, Change of Address Online system, processing times, and field office/Application Support Center/Civil Surgeon locator will be unavailable due to server upgrades from 9:30 PM on Friday December 7 until about 8:00 PM on Monday December 10.
In addition, our search engine and naturalization self-test will be unavailable due to scheduled server maintenance on Sunday Dec. 9, 2007, from midnight to 6 AM Eastern Time.
We apologize for the inconvenience.
Scheduled USCIS.gov site outages
Our Case Status Online system, Change of Address Online system, processing times, and field office/Application Support Center/Civil Surgeon locator will be unavailable due to server upgrades from 9:30 PM on Friday December 7 until about 8:00 PM on Monday December 10.
In addition, our search engine and naturalization self-test will be unavailable due to scheduled server maintenance on Sunday Dec. 9, 2007, from midnight to 6 AM Eastern Time.
We apologize for the inconvenience.
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gc_kosam
06-02 03:36 PM
Happy Scenario
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
Thanks for your response.
Guru's any other thoughts (particularly on question 2 and other questions)
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
Thanks for your response.
Guru's any other thoughts (particularly on question 2 and other questions)
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xela
11-20 09:10 AM
[QUOTE=PavanV;1128388] That said, i believe charity begins at home, one must take care of its own kith and kin before extending arms to others.
Now here is what you first said in your post before you edited it, this is what I got in my email:
" Being emotional is OK, but one must be pragmatic. If one wants communism please head to China. "
So you send me to China just because you did not like what I said.
Now how do you think the Chinese here feel about your oh so nice comment.
Really all I was trying to say is by talking the way he did above we dont make things better we just make it worse.
And guess what you saying charity begins at home, well then how can you blame the Americans that do that for being racist (oh lets not forget only against Indians because you are the only ones here from a foreign country)
,...they are not seeing it as that, they are just doing what you said putting themselves first and forgetting about the fact that a lot of us have been here for a long time built lifes had kids and that it is hardly fair to send us "home" now. Or about that some of us would open companies. Someone in need for food for their family does not think clearly they are emotional and scared!
Talk to them and about them with compassion and you might just turn the way they think. I have done so many times.
I am not saying what they do is right, but what you 2 said here isnt the way to go either in my opinion, you can go ahead and crucify me for it, thats fine. But I rather say what I think than sit there and be silent.
And in the end my message was mostly about the "it s all always against Indians" theme that seems to be so prominent lately....Do you really think you are the only ones and the rest of us doesnt count....well thanks for that.
Now here is what you first said in your post before you edited it, this is what I got in my email:
" Being emotional is OK, but one must be pragmatic. If one wants communism please head to China. "
So you send me to China just because you did not like what I said.
Now how do you think the Chinese here feel about your oh so nice comment.
Really all I was trying to say is by talking the way he did above we dont make things better we just make it worse.
And guess what you saying charity begins at home, well then how can you blame the Americans that do that for being racist (oh lets not forget only against Indians because you are the only ones here from a foreign country)
,...they are not seeing it as that, they are just doing what you said putting themselves first and forgetting about the fact that a lot of us have been here for a long time built lifes had kids and that it is hardly fair to send us "home" now. Or about that some of us would open companies. Someone in need for food for their family does not think clearly they are emotional and scared!
Talk to them and about them with compassion and you might just turn the way they think. I have done so many times.
I am not saying what they do is right, but what you 2 said here isnt the way to go either in my opinion, you can go ahead and crucify me for it, thats fine. But I rather say what I think than sit there and be silent.
And in the end my message was mostly about the "it s all always against Indians" theme that seems to be so prominent lately....Do you really think you are the only ones and the rest of us doesnt count....well thanks for that.
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saajed
11-16 02:36 PM
if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.
Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.
I have heard that it doesnt matter if your spouse is on F1 or H1. If one applicant files for I-485, his spouse will be included in the application never the less.
pappu
12-20 11:01 PM
I will also be attending this meeting. IV members from Tristate area are welcome to join.
HV000
04-15 10:20 AM
CONGRATS! One more approval from TSC.
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