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gg_ny/others,


1) My h1 and my wife's h4 are pending extensiosn with CSC. Will her H4 extension adjuducation be affected by her converting to EAD ?


2) gg-ny, can you eloborate on this please?

(have to file new I9 and specify how you could work) . Do you mean she has to file for a new I-94 ? How to go abaout doing it.


Thanks for your responses.



Sendil
Hi,

I am not a lawyer and the disclaimer byothers holds good for me too: please check with a lawyer. This is from what i understand from my experience and a few others' I am familiar with:
1) unless you USE your EAD, H1 or H4 status wouldn't be affected
2) the same for AP. That means, you can get these documents if you are eligible. That means, you are exploiting the dual intent of H visa to the fullest. And the buck stops there.
3) contrary to what is said in a few mails here in this list, if you actually use EAD or AP you become someone waiting for AOS and/or a parolee. Because, EAD is a privelege under AOS process not linked to H process. The same with AP
4)When your status changes(H to EAD) I believe you aer supposed to fill in new I9 form. I haven't had a need to do so until now; i believe the actual implementation of this is not so much enforced by BCIS but it is the
applicant's responsibility to do so, like AR11 or address changes. But I think it is a necessity as if you choose to do a second job, your papers would be on order and in sync with you and your first employer. the basic tenet is you cannot be in two status in a given time
5) if your application is pending (for H1 or H4), and you start using EAD that means, even after adjudication, your H1 or H4 approval becomes void as
it would be providing you a status not needed by you or a status which you have chosen not to maintain. This is nothing to do with dual intent as it ends with filing for the documents; this is acually maintenance of status. Since H to EAD/AP is an one way path, you cannot file H1 and while waiting for the approval, work on EAD- then change status to H1 when you get it. To do so, one has to file new H1 application.
6) while waitnig for H approval, if you take on EAD, the H approval paper is as useless as an outdated visa. You can keep it as a memento ;-)
7) there are two nightmare situations I have heard of: 1) EAD extension is a vicious cycle and you need to be always current on your EAD 2) for some reason, if AOS application suffers then EAD becomes null and void; technically the person can be subjected to deportation. There are legal procedures to avoid or delay this but I can't say anything about it.

Please remember that my experience and understanding is limited compared to many in the list and if you are paying for a lawyer, make him or her work for it.

No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.

Can you give more detalis?
are you filing NIW as a physician?

There is no scam. At least from what you describe...
I don't think you understand how the income tax really works. There's no way that the company can take 33% of your MONTHLY paycheck for taxes. First of all, tax is calculated on the yearly income not the monthly one and second, tax calculated for each bracket on the amount of income that falls within that bracket. For example, say your friend makes 100k a year.

Assuming that he files as single with no dependents, that means:
(http://www.wwwebtax.com/tables/tax_rate_schedules98.htm)

Tax brackets are:
$0 - $7,300 tax is 10% ---> he pays $730$
7,300 - 29,700 tax is 15% ---> he pays $3,360
29,700 - 71,950 tax is 25% ---> he pays $10,562
71,950 - 100,000 (his income) tax is 28% ----> he pays $7,854

-------------------------------------------------
You add all those up and the total amount in tax he owes is $22506 / year

Okay, now subract this amount from 100k and you get: 77494 / 12 months
= 6457 per month

Now you need to pay social security and medicare:
Social Security about $500
Medicare about $120

You get: $5800 in hand

Your friend probably screwed up his W4 form and now the company withholds too much out of his paycheck. But there's no problem, he can correct it at any time by resubmitting / reviewing his W4 with the employer. In the event he doesn't, at the end of the year he will get a big fat tax refund from the IRS for the amount he overpaid during the year.

In any case, you want to make sure at the end of the year you don't owe anything and you are not owed. You don't really want to lend money with 0% interest to uncle Sam, right?

Marking I485 on I-140:

This option is also beneficial for both non retrogressed and retrogressed countries:

1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.



How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.

CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.

I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.

If I have approved LC and I140, can't i get 1yr (or if PD dates are retrogressed get 3yr) H1 extension??


if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)

Thanks UKannan,

That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.

Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.

Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.

This is really now a high time we need to do something, Green card is delayed, we have been patiently waiting, now EAD renewal is also delayed, I applied for AP renewal it is more than 2 and half month and it is delayed.

Why are legal and regular tax payer like us troubled so much ? , they want money take it, but provide efficient service ?

I am really surprised that there is nothing we can do ?

Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.

The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.

Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.

Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:

http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

Thanks.

Hello,

I was once in the same situation for H1 ( moved to a new compan ), where ex-emplyoyer totally denied to give letter.My lawyer suggested to just write a letter to USCIS mentioning that ex-employer is not giving letter and also mention his company name and telephone number, where they can call and check if they wish. If you have paystubs for the said working period attach copies with this letter.
WE did this, and we got our H1 approved and also I-140 got cleared.

Please check with your lawyer before you follow this step as I am not a lawyer.

Hope this helps and All the best...

There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps

You can try hide her in the suitcase u r carrying or get a tourist visa for Canada then get F-1 in Canada as independent then travel in by road ..........

Or u can try hire a coyote on mexican border and get in walking thru the border during the night ...

I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?

Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.

Please share your experiences.

Thanks in advance!

http://www.nytimes.com/2006/04/06/washington/06immig.html?_r=1&oref=slogin

http://www.cnn.com/2006/POLITICS/04/05/immigration/index.html

Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??


Thanks,
Prasad.

I had the same situation:
1. On the application form list your parents name as you want it. They will print the new name on the renewal passport. (I was not asked for any additional documents)

2.To add your spouses name on the passport you will have to give a copy of the marriage certificate and your spouses passport as part of the application form (I had applied in person).

They will reply to all the SRs and Infopass that the applications are not more than a month outside of normal processing times, so they would not reply. The Processing times were moved to that July 2nd date for a specific reason.
I think that if they have some numbers they might start looking at older RD/PD. Believe it or not, they have many pending 485s with RDs even a lot earlier than July 2007.
Lets hope no numbers are lost. If they accomplish this and clear out all the 2004 PDs and earlier than 2007 July 2nd RD, that would be reasonable.
All that said, I have no trust in their communication or their abilities.

Hi All,

I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

Here are my questions

1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


PK

Who gave you a red dot for the very first post here?

Thanks coolngood4u80 and Shanmugnathan ....these are great ideas..can you also please post the Facebook link to 485 filing campaign on this thread??

Here is the Facebook link (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Or search for "Immigration Voice Grassroots Campaigns and the community
will show up on the search list).

The only LUD was on my 140, which is on 7/13 - There was no LUD on any other applications H1, EAD, AP - One LUD today after the status change. Hope this helps.

Wandmaker,
Wondering if you ever checked if your namecheck was cleared or not.