kk_kk
07-17 09:12 AM
Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).
In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.
Thank You for the detailed answer.
My question was not related to any RFE in specific. But in a general way, what would be the procedure to obtain the past copies of I-94's.
As per your answer, it should not matter, If I have the copies or not. It would be good, if we have it. Otherwise there are alternative ways to answer the RFE.
In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.
Thank You for the detailed answer.
My question was not related to any RFE in specific. But in a general way, what would be the procedure to obtain the past copies of I-94's.
As per your answer, it should not matter, If I have the copies or not. It would be good, if we have it. Otherwise there are alternative ways to answer the RFE.
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poorslumdog
09-13 11:52 AM
Hello Attorney,
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
If you are out of the country for six months...you will lose your GC. Dont do that mistake.
My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.
Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.
Can you please help me by answering following questions.
1) What are the precautions I should take to protect my green card?
2) Can I leave the present company and start my business by forming an LLC?
3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?
4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?
5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?
6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?
Thanks for your help in advance
If you are out of the country for six months...you will lose your GC. Dont do that mistake.
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smartboy75
07-17 07:13 PM
Just a thought..if your lawyer has all the papers...he should also have your Medical examination report.....If you decide to file on your own where are you going to get the medical examination enveloe from ??? Hope u have thought about it
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solaris27
12-07 08:53 AM
you can get 3 years extesion
change this lawer , he do't kow aything or trying to save company money .
change this lawer , he do't kow aything or trying to save company money .
more...
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permfiling
10-20 11:56 PM
Thank you Prashanthi for your reply.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
I think as Attorney Prashanthi mentioned, uscis might consider the current economic situation as well but b/w now and 5 yrs uscis might have updated laws too.
I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?
That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.
I think as Attorney Prashanthi mentioned, uscis might consider the current economic situation as well but b/w now and 5 yrs uscis might have updated laws too.
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cnachu2
02-04 01:15 PM
Yes i did. It was the same way for my dad when i was on H-1B.
I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.
He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.
I hope this helps.
GO IV GO. TOGETHER WE CAN.
Hi,
I am also planning to send papers for my father. now i am on AOS with I485, i changed the employer, but didn't file AC21. will it be an issue if i send papers to my father without filing AC21? You says you used AC21, that means did you file AC21?
Thanks,
Chandra.
I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.
He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.
I hope this helps.
GO IV GO. TOGETHER WE CAN.
Hi,
I am also planning to send papers for my father. now i am on AOS with I485, i changed the employer, but didn't file AC21. will it be an issue if i send papers to my father without filing AC21? You says you used AC21, that means did you file AC21?
Thanks,
Chandra.
more...
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sanju_dba
07-22 05:33 PM
As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
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jatinr
07-24 01:01 PM
As per EBFAQ release by USCIS dated July 23, the
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or
July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin
107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
As per Oh-Law Firm , it states the fees is 180 for EAD and 170 for AP if only filed concurrently.
Do you guys also have same understanding.
My company has filed by AOS and I am filing EAD/AP on my own, I am now confused that if I file me EAD/AP on August 15th , what fees I will have to pay - 180 or 340 for EAD , 170 or 305 for AP.
Can someone please verify.
Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or
July 30th under the July Bulletin?
A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin
107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
As per Oh-Law Firm , it states the fees is 180 for EAD and 170 for AP if only filed concurrently.
Do you guys also have same understanding.
My company has filed by AOS and I am filing EAD/AP on my own, I am now confused that if I file me EAD/AP on August 15th , what fees I will have to pay - 180 or 340 for EAD , 170 or 305 for AP.
Can someone please verify.
more...
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PHANI_TAVVALA
02-26 02:00 PM
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
Pardon my dumbness again, please elaborate "immigration lingo".
Pardon my dumbness again, please elaborate "immigration lingo".
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BeCoolGuy
04-16 04:29 PM
Stay on H1B. Renewal does not have any such strict health checks or anything required. Use EAD as a backup only!
more...
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gogreen39
07-24 06:53 PM
Thanks Canadian_Dream and mrcmic!
I just called NSC to put an service request. I was told no receipt #, no service request can be put in.
Further I was told, there was hold all application to be processed till 2days ago, hence they have started receipting again 2 days back. Hard to believe it. I said I am 11thJune filer, but the IO kept saying there was a hold till 2 days ago. According to IO, all applications will be receipted by30thJuly. But she repeatedly suggested to check the bank for encashed checks. She said 'no encashed checks, no receipt #'...
SO if no receipt #, then how do we file at service request ?? Is there a link to file an online service request?? (I couldn't find one)
Anybody else in the same boat?? Please let us know so that we can track each other's progress.
Thanks once again!
I just called NSC to put an service request. I was told no receipt #, no service request can be put in.
Further I was told, there was hold all application to be processed till 2days ago, hence they have started receipting again 2 days back. Hard to believe it. I said I am 11thJune filer, but the IO kept saying there was a hold till 2 days ago. According to IO, all applications will be receipted by30thJuly. But she repeatedly suggested to check the bank for encashed checks. She said 'no encashed checks, no receipt #'...
SO if no receipt #, then how do we file at service request ?? Is there a link to file an online service request?? (I couldn't find one)
Anybody else in the same boat?? Please let us know so that we can track each other's progress.
Thanks once again!
toothbrushes with toothpaste. Toothbrushes and toothpaste
p7810456
06-18 06:59 PM
Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...
well.. i guess try your best. the cause here is worth 70 mile trip, if need be. take the trips.. most probably you would need to do only one blood work.. so go for it.
Meanwhile, don't forget to Buckle up and Drive safe :)
well.. i guess try your best. the cause here is worth 70 mile trip, if need be. take the trips.. most probably you would need to do only one blood work.. so go for it.
Meanwhile, don't forget to Buckle up and Drive safe :)
more...
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chapsi29
04-02 11:22 AM
Thanks for the immediate response.
Well in my GC labor application, I see 2 wages and both are above my salary. With pay checks pending, my W2 income for 2007 is going to be even lower than my annual salary. Thats why I am very concerned. I have not received my pay stubs too but I can get it if I want to. They said they can issue the pay stubs but there is going to be a delay in paying the salary as the company is going through some financial problems..
Does the USCIS check my W2 income for 2007? How do they get access to that info ? Just curious. Does the IRS and USCIS communicate in this process?
Thanks
Well in my GC labor application, I see 2 wages and both are above my salary. With pay checks pending, my W2 income for 2007 is going to be even lower than my annual salary. Thats why I am very concerned. I have not received my pay stubs too but I can get it if I want to. They said they can issue the pay stubs but there is going to be a delay in paying the salary as the company is going through some financial problems..
Does the USCIS check my W2 income for 2007? How do they get access to that info ? Just curious. Does the IRS and USCIS communicate in this process?
Thanks
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meridiani.planum
03-10 08:21 PM
Hi,
I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.
What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.
Please adivse.
Thanks and Regards
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.
What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.
Please adivse.
Thanks and Regards
the only way to extend the H1 is to:
- have an LC >365 days old
- her I-140 approved
Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...
more...
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me_myself
12-19 05:03 PM
div_bell_2003, thanks for the quick reply. Do you know any resource that i can refer to regarding the revocation of H1 - how long can i be without payroll, how long can i be outside the country etc.
Thanks.
Thanks.
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blacktongue
10-05 11:07 AM
How did they pull it off?
If you file a lawsuit you can ask for documents.
If you file a lawsuit you can ask for documents.
more...
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bidhanc
04-19 02:47 PM
Hi,
I just got back from Mumbai.
My Indian passport was issued here in the States.
My last place of work in India was Delhi (that was in 2000,where I got my initial visa done).
But I am a resident of Bhubaneswar.
I opted for Mumbai as it was going to be my port of entry.
Did not get any such warning or mail.
So not much trouble as far as the stamping was concerned.
Don't understand why they would try and compel you to move to your own district. This must be a recent thing.
Important question is, if they refuse to stamp at your first choice, how do you get the 2nd appointment at your own district? And will it be worth the trouble.
Sorry, don't know abt that.
Bidhan
I just got back from Mumbai.
My Indian passport was issued here in the States.
My last place of work in India was Delhi (that was in 2000,where I got my initial visa done).
But I am a resident of Bhubaneswar.
I opted for Mumbai as it was going to be my port of entry.
Did not get any such warning or mail.
So not much trouble as far as the stamping was concerned.
Don't understand why they would try and compel you to move to your own district. This must be a recent thing.
Important question is, if they refuse to stamp at your first choice, how do you get the 2nd appointment at your own district? And will it be worth the trouble.
Sorry, don't know abt that.
Bidhan
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permfiling
02-23 06:11 PM
Hi,
My advice is to stick with the same company till u get ur ead. If you move, any company will take 6 ~ 8 months to start the PERM process. I noticed that companies do mention that they will start as soon as you come on board but that never happens as they know your visa status.
I switched companies after 140 was approved at a big company and I paid the price by joining a startup which closed but I moved on before it closed.
I have yet to file PERM but I get to retain my PD
It is my personal opinion based on my experience. Most of the employers don't keep up their word as promised.
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
My advice is to stick with the same company till u get ur ead. If you move, any company will take 6 ~ 8 months to start the PERM process. I noticed that companies do mention that they will start as soon as you come on board but that never happens as they know your visa status.
I switched companies after 140 was approved at a big company and I paid the price by joining a startup which closed but I moved on before it closed.
I have yet to file PERM but I get to retain my PD
It is my personal opinion based on my experience. Most of the employers don't keep up their word as promised.
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
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sargon
09-23 02:10 PM
And how to you differentiate between soft lud and very soft lud?:o
soft LUD on a case 1 no. ahead of you or 1 no. behind you = very soft LUD on your case. Isn't everybody is smart enough to calculate the formula for very-raised-to-the-power-of-n soft LUD now.
soft LUD on a case 1 no. ahead of you or 1 no. behind you = very soft LUD on your case. Isn't everybody is smart enough to calculate the formula for very-raised-to-the-power-of-n soft LUD now.
TheOmbudsman
09-01 03:17 PM
Ah, so Berkeleybee is she. Oh, that makes sense, that's why she is a bee.
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
LostInGCProcess
08-18 07:36 PM
I thank you all for your encouraging and kind response.
The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.
Thanks again for all your advice.
Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.
The new job I have is like a contract job to a client. A big consulting firm has hired me. So, I have not yet spoken to them about any letters that I may require in future should there be an RFE.
My situation was very desperate to get a job...i was without job for more then 3 months and its hard to run a family...and I came to the point where we were planning to return back home....but I got the job just in the last minute, i must say....The requirement for the job was, only GC or Citizens. I told them I am on EAD they said fine we can take you as long as we don't have to sponsor you....So, I took it.
The other issue is, I am getting paid far less then what I used to get. ..so, I don't know if that's acceptable or not with regards to the GC process.
But the work is same. What I used to do earlier, I am doing the same kind of job here with the new client.
So, all these factors has caused lot of confusion in my mind whether to continue with old address or not. I still have 2 more months on the lease for the old apt address...so I got some more time to think about this job.
Thanks again for all your advice.
Chanduv, I know you started a thread on "RFE for AR-11" to poll, but I did not followup on that.
