Friday, June 24, 2011

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  • jonty_11
    07-25 12:30 PM
    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.
    yes u need all documents...

    Look again..and u will find link to this discussion on the HOME PAGE..

    I will save u some time

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  • here4gc
    02-28 12:44 AM
    I opened SR in Jan...took infopass last week...NOTHING..stupid people are saying that my namecheck is going on..i applied 140 and 485 in July...i140 not yet FP also...blackhole...

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  • Enebreus
    02-09 03:11 PM
    ^^^ :eyeup:. Did you really actively go out and seek votes?

    No... that was a joke. You were supposed to find it a tiny bit amusing (very tiny bit).

    But it's nice to see you have such a high opinion of me :P

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  • gmail
    07-22 01:31 AM
    Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.

    there is a memorandum issued by USCIS on
    12/27/2005. It clearly indicated that I can't be denied due to leaving
    previous employer prior to 180 days.

    Question 10. Should service centers or district offices deny
    portability cases on the sole basis that the alien has left his or her
    employment with the I-140 petitioner prior to the I-485 application
    pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current)
    employment but prospective employment. Since there is no requirement
    that the alien have ever been employed by the petitioner while the
    I-140 and/or I-485 was pending, the fact that an alien left the I-140
    petitioner before the I- 485 has been pending 180 days will not
    necessarily render the alien ineligible to port. However, in all cases
    an offer of employment must have been bona fide. This means that, as
    of the time the I-140 was filed and at the time of filing the I-485 if
    not filed concurrently, the I-140 petitioner must have had the intent
    to employ the beneficiary, and the alien must have intended to
    undertake the employment, upon adjustment. Adjudicators should not
    presume absence of such intent and may take the I-140 and supporting
    documents themselves as prima facie evidence of such intent, but in
    appropriate cases additional evidence or investigation may be

    I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.

    I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.


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  • chanduv23
    07-09 12:48 PM
    Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs

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  • bsbawa10
    08-01 04:27 PM
    Another gimmick by USCIS. Another way of showing that it is working. Another way to bluff. Another way of wasting our money without actually doing what is needed.


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  • paskal
    02-14 07:49 PM
    I wished too :), though i am happy helping Paskal in his efforts now :)

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  • sundarpn
    07-17 07:32 PM
    In the same boat...

    if the principal files 485 now and then gets married say 2-3 months later when the dates are NOT current, can a dependent 485 be filed for the spouse so that she can get EAD?

    I was told that even in the case of a dependent 485 filing, the dates have to be current for the application to be accepted :(

    On related lines, if the principal application gets EAD and after 6 months moves to a new job based on EAD, and then he gets married, can he bring his spouse on H4? I think the answer is NO.


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  • Pineapple
    08-05 11:53 PM
    I put in "maybe", because I'm not sure of my schedule.. (I have to travel monday to friday..every freaking week.. I hate it more than you can imagine, but I don't have a choice there).. if my schedule changes, I'll be there for sure. I've updated my profile.

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  • belmontboy
    01-18 02:58 PM
    Chances for an audit are 95%:(

    do u have any source for this?

    If you don't, you should learn not to give answers that you don't know.


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  • GC Struggle
    04-09 12:31 PM
    Nothing to worry. - It means that your case has been transferred to your local office.

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  • solaris27
    10-28 11:32 AM
    Untill you have somthing written it will be very diffecult to prove in court.

    Don't waster your money in court cases its very expensives .

    Talk to any good attorny and find one which can work on % bases if you still want to go to court .



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  • nilcritz
    12-15 09:43 AM
    Add one from Austin.

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  • number30
    10-31 04:06 PM
    Hello Number30,

    For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

    You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.

    Yes I thought the same.
    I am asking this because i did a tax return for one of my friend. He got EIC. But Questionire is not asking for residency status. But was asking like Were you a U.S. citizen or resident alien for all of year?
    That year he was laid off and had very little income So he took the money.

    Hope he will not have any trouble.


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  • USDream2Dust
    03-17 12:39 PM
    As long as you have money and Good Credit, you should get Mortgage. I did it on EAD last year and they did came back and ask for H1B. Fortunately me and my wife both had valid H1bs and they approved the loan. I guess the problem stems from the fact that very few loan officers understand immigration.

    But I can assure you if you fight with them you can get it. I didn't had H1b visa stamp in my passport and I gave them I94 and it worked after making them understand. They cannot discriminate against you because you are an immigrant.(even though they do on back end without us knowing :()

    Also make sure that loan payments are not more than 42% of both of your Total Gross Salaries. They may deny your loan in that case.

    Loans are getting harder to get day by day even with Good Credit.

    Good Luck

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  • fall1998
    05-16 10:12 AM
    So, the count of people still waiting is reducing (many users are saying they got approved in last couple of days).

    I am getting a feeling that USCIS is really clearing out the backlog this time.


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  • waitingforgc
    06-06 08:20 AM
    First of all after applying H1 extension you have a 240 day window when you wont be out of status even if your H1 expired ( as long as the extension is applied when the current was Valid). My H expired on Jan 29th and i applied on Jan 9th and the last 5 months i worked as usual without Visa or I-94 ( but in Status) ...

    Don't worry at all - if by chance anyone reaches near 8 month/240 day finish line which is highly unlikely, pump in extra 1000 bucks and upgrade that to a Premium H and you must hear a decision within 15 days....

    There are tons of options - even if Premium doesn't work still there are 2 more options ( of course within legal boundary )...
    Thanks for the answer.

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  • eager_immi
    06-20 07:39 PM
    My Lawyer put the A# from the EAD used during OPT. She put OPT in brackets and mentioned to me that USCIS will change this A#.

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  • ilikekilo
    06-18 11:47 AM
    as far as my lawyer says once on ead, even for one day you cant go bck ot h1b

    02-28 11:24 AM
    Ok so herez the update. I went to the INS office and gave them all the details. and since I was supposed to travel out of the country in 3rd and 4th week of March, I requested the lady that if possible can you ask them to give me a date either before March 14th or after March 30th. She made a note of this and said that I should be expecting the FP notice soon.

    So I get the FP Notice yesterday with an appointment date of 20th March. Great ... now I cant even go for the appointment. I guess will have to reschedule it.

    I've read that its ok to reschedule the appointment just once but not more than once. Any advice on this would be really helpful.

    thanks again Leoindiano for your advice !!

    09-01 09:52 AM
    You need to connect with company A and get your documents to prove 2 year experience.
    There are 2 important aspects of I140 where applications get RFE or denials.- Qualifications of applicant and Ability to Pay.

    It is good that you do not have any stake in the company and do not have any family relationship with the owner.You need to understand what are the reasons for such RFE since you know your case better and accordingly prepare a response.

    If you show 2 year experience you will be covered as per your RFE.
    For ability to pay, you will need to post the company B turnover, number of employees, profit, liabilities, VC funding if any... there is a lot here that one needs to know to file a proper A2P response. It can be done. You need to talk to your company, Talk to a good lawyer and a CPA if needed.

    now looking at your RFE, you may also want to find out the past history of your company (any past RFEs, denials, any labor subs [yes labor subs are important now to know.]).

    You definitely need a good attorney. Yours is a big RFE and forums cannot give you answers. None of us are lawyers so we cannot give you advice. Our views are based on our own reading and experience on forums. You do not want to take chances with an important RFE. It is not difficult to handle. I have seen much difficult RFEs. Good luck.