roseball
10-17 07:55 PM
Hello,
I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).
My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.
I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?
Thanks!
What is required for a H1 extension is a "JOB". You should try and get a job asap. Technically, you are accruing unlawful presence in the US since the day you are out of the job (unless you have a pending I-485). On top of that, what your employer is suggesting is illegal. Try to find a job asap and apply for H1 COE petition. You will be required to submit your latest paystubs though.
I am on H1. I got laid off in March 2009 and have not got anything since then. So I dont have lot of amount in my W2 for this year I have my H1 extension (after 3 years) coming up next year (2010).
My employer advised me to run payroll taxes for rest of the year, so that we could get W2 which would be helpful for H1 extension.
I have following Questions - Is W2 required for H1 extension or would few pay checks suffice?
Thanks!
What is required for a H1 extension is a "JOB". You should try and get a job asap. Technically, you are accruing unlawful presence in the US since the day you are out of the job (unless you have a pending I-485). On top of that, what your employer is suggesting is illegal. Try to find a job asap and apply for H1 COE petition. You will be required to submit your latest paystubs though.
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rexjamla
09-10 08:08 AM
Hi Friends,
I filed a complaint with senator Gregg's office(NH) after July Visa bulletin reversal. Senator's office send a query to DOS on my behalf. In mid-August I got a letter from senator's office in which he apologized for incapable to do anything regarding July-Visa_bulletin reversal.
However, I found a letter attached from DOS which states that "Due to significant number of visas returned from USCIS to DOS, DOS reinstate original July-Visa-Bulletin # 107".
I just wanted to sahre this information with you because what USCIS said about this matter is exactly opposite.
Check this link- http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Thanks!
Rex
I filed a complaint with senator Gregg's office(NH) after July Visa bulletin reversal. Senator's office send a query to DOS on my behalf. In mid-August I got a letter from senator's office in which he apologized for incapable to do anything regarding July-Visa_bulletin reversal.
However, I found a letter attached from DOS which states that "Due to significant number of visas returned from USCIS to DOS, DOS reinstate original July-Visa-Bulletin # 107".
I just wanted to sahre this information with you because what USCIS said about this matter is exactly opposite.
Check this link- http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Thanks!
Rex
needhelp!
02-15 02:09 PM
Good work Pooja!
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dpp
07-31 04:18 PM
Hey everyone,
I am from Florida and just filed my I-485. I went to the DMV yesterday to renew my drivers license and something unexpected happened. They took away my old license and gave a temporary one valid for 30 days. They also said they will have to verify my immigration status and once this is done they will mail my new drivers license. Has anyone had such an experience? How long did it take to get your new license?
Its a common practice. Don't worry, you will get your new DL in mail before 30 days. Samething happened to me when i moved to Maryland state, they took my old DL and gave the new DL. You cannot have more than one DL at any time and so they have to take the old one.
I am from Florida and just filed my I-485. I went to the DMV yesterday to renew my drivers license and something unexpected happened. They took away my old license and gave a temporary one valid for 30 days. They also said they will have to verify my immigration status and once this is done they will mail my new drivers license. Has anyone had such an experience? How long did it take to get your new license?
Its a common practice. Don't worry, you will get your new DL in mail before 30 days. Samething happened to me when i moved to Maryland state, they took my old DL and gave the new DL. You cannot have more than one DL at any time and so they have to take the old one.
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ajay
01-10 07:05 PM
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
Jungalee, I contacted Murali and he already responded to my query that he would contact me on this monday.
Thanks for your contact.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
Jungalee, I contacted Murali and he already responded to my query that he would contact me on this monday.
Thanks for your contact.
Berkeleybee
03-22 04:36 PM
We have prepared a new document for public release analyzing this problem.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
more...
EBX-Man
04-30 02:31 PM
Hi,
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
The rule is
If you dont have a birth certificate
- You need affidavites from both parents
If you have a birth certificate issued after 1 year of date of birth
- You need affidavites from both parents
If you have a birth certificate issued within 1 year of date of birth
- You do not need affidavites
Dont worry i applied for birth certificate in 2005 in india and submitted that along with affidavites from parents and the documents were accepted
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
The rule is
If you dont have a birth certificate
- You need affidavites from both parents
If you have a birth certificate issued after 1 year of date of birth
- You need affidavites from both parents
If you have a birth certificate issued within 1 year of date of birth
- You do not need affidavites
Dont worry i applied for birth certificate in 2005 in india and submitted that along with affidavites from parents and the documents were accepted
2010 angels and demons wallpaper.
Lisap
08-27 05:27 PM
Hello all,
My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.
My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.
more...
Berkeleybee
03-22 04:36 PM
We have prepared a new document for public release analyzing this problem.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
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vkotval
05-30 08:31 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I donot understand what revoking 140 has to do with your new h1-b with company B ? Your new h1-b wit company B will still remain valid.
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I donot understand what revoking 140 has to do with your new h1-b with company B ? Your new h1-b wit company B will still remain valid.
more...
gc4me
07-17 01:44 PM
They tell this to everybody. A very common answer. They told me so, so to my 2 other friends but in either cases, no GC was approved inspite of our PDs were current. And later it turned out that my name check is pending (don't know what is 180 rule mean) when I took Infopass.
So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
And some CS even referring my I-485 application as I-40 :-( repeatedly.
They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.
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
So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
And some CS even referring my I-485 application as I-40 :-( repeatedly.
They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.
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
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smuggymba
01-04 08:14 AM
Indian govt trying to please IT companies....nothing will happen. Just lip service like any other promise by our beloved politicians.
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kk_123
09-25 03:07 PM
hi,
my brother is also seeing the same status for his case. he too really getting confused.
if you get your GC , pls update it.so it will help others too.
my brother is also seeing the same status for his case. he too really getting confused.
if you get your GC , pls update it.so it will help others too.
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skodu
07-17 11:39 PM
My Wife was 5 months pregnant when we went for medical exam in June 07. Her Obgyn did all the HPV and HIV medical tests in Feb 07 and additionally did the vericella anti bodies blood test in May 07. She did not take the this time TB skin test as both of us tested Skin test positive and Chest X ray negative in 2003 and we both took 9 months preventive medication.
We transferred all the medical records from my Primary care to Civil surgeon for other vaccinations that we took back in 2004 before going for our first baby so that we don't get into this vaccinations mess . So he just wrote the comment to do the Chest X Ray again at primary care physician after the baby is born and certified fully healthy. So this time I did not spend a dime on her medical tests as everything was covered by Insurance. I just took chest X Ray and then Blood test at county health department.
All you need to do is to take the records from your primary care or OBGYN and take them to Civil surgeon. Make sure to take your wife's blood reports done OBGYN in addition to her referral letter. Everything will be alright. If you did not take vaccines, then he will write his recommendation which will result in RFE.
We transferred all the medical records from my Primary care to Civil surgeon for other vaccinations that we took back in 2004 before going for our first baby so that we don't get into this vaccinations mess . So he just wrote the comment to do the Chest X Ray again at primary care physician after the baby is born and certified fully healthy. So this time I did not spend a dime on her medical tests as everything was covered by Insurance. I just took chest X Ray and then Blood test at county health department.
All you need to do is to take the records from your primary care or OBGYN and take them to Civil surgeon. Make sure to take your wife's blood reports done OBGYN in addition to her referral letter. Everything will be alright. If you did not take vaccines, then he will write his recommendation which will result in RFE.
more...
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flyingninja
10-30 12:36 AM
Thanks,for providing feedback, please keep sharing the developments or additional information that you might have. Interestingly I did notice that all the candidates in front of me at the VO counter also seem dejected, so it seems this new practice is much more widespread.
I am working on obtaining the documents and plan to visit consulate next week sometime. When I spoke with my employer, I was told that there were other cases in different consulate location in India where our employees faced similar problems. One of the case was also with an H4 candidate who was told to produce all these documents, at least one good thing I was told that all the cases were approved after submitting the supporting documents in few days. I am working on obtaining necessary documents at the earliest, make an honest case to the VO when I submit all the documents and will leave rest on god almighty.
I am working on obtaining the documents and plan to visit consulate next week sometime. When I spoke with my employer, I was told that there were other cases in different consulate location in India where our employees faced similar problems. One of the case was also with an H4 candidate who was told to produce all these documents, at least one good thing I was told that all the cases were approved after submitting the supporting documents in few days. I am working on obtaining necessary documents at the earliest, make an honest case to the VO when I submit all the documents and will leave rest on god almighty.
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rosyTown
02-02 06:43 PM
Technical points go to Perlin (even though everyone did an amazing job technically). But I could look at snowflake all day. It's really pretty and well thought out. My vote goes to snowflake.
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needhelp!
10-18 05:37 PM
http://www.uscis.gov/files/nativedocuments/AILAQandASept2007.pdf
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amdn123
02-05 02:28 PM
Thank you Prasadn.
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desi3933
09-10 10:34 AM
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
As you have I-140 pending (from Employer A), you are eligible for 1 year H1-B with any employer.
Please check with your attorney.
____________________________________
Proud Indian-American and Legal Immigrant
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
As you have I-140 pending (from Employer A), you are eligible for 1 year H1-B with any employer.
Please check with your attorney.
____________________________________
Proud Indian-American and Legal Immigrant
WaitingYaar
01-18 08:44 PM
I was under the impression the target is all cases to be cleared within 6 months.
ps57002
10-16 05:11 PM
bumping to see if anyone has updates on similar cases...
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