SSSarkar
06-24 06:33 PM
I am also applying 485 and my lawyer told me that the passport should be valid for atleast one year.
Hello All,
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
Hello All,
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
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gbof
10-15 03:54 PM
I have had situations where CIS has issued more than one RFE, but only about twice in 12 years of immigration practice.
Thank you so much. I appreciate a word from your experience
Thank you so much. I appreciate a word from your experience
sundevil
07-08 03:18 PM
Congressman foolish enough to say stuff like that could be Tom Tancredo.
I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue. The host then talked to a Congress man (i think it was Tom Lombardo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience". Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
I was watching FOX News this afternoon around 3:00 pm EST and they talked about a Polish Lady sueing the USCIS. Her lawyer was on the show and he talked about the issue. The host then talked to a Congress man (i think it was Tom Lombardo and he said that the US is bringing in a way too many immigrants and the US should stop it for a few years). When asked if the woman was wronged he rephrased the word wrong by "was caused inconvenience". Anyways, the lady's lawyer hit the nail on the head. When asked if she was sueing to get a green card. Her lawyer said no. He said his client was sueing for financial damages and also for allowing her to submit her application as submitting the application has benefits.
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unbreakable
03-17 11:20 AM
Thanks guys for your replies. Will keep you posted on my RFE.
more...
vparam
05-25 09:05 AM
there were only 4 fax sent , when i sent it yesterday. i am not sure if many sent in faxes and just did not pot. if not it is very important to send out this word. moderators what is plan of action?
up_guy
08-10 11:13 PM
I am looking for recommendations from fellow forum members to choose a right service for my education evaluation. I need to get my Indian engineering degree evaluated (course by course) for an application in MBA school. I know about WES, but they are asking attested copies from university and registrar..
I thought some one might know some agency that can give evaluation based on original or copies without having to go through in India.
Appreciate feedback..
I thought some one might know some agency that can give evaluation based on original or copies without having to go through in India.
Appreciate feedback..
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ak_manu
10-19 08:20 PM
Thx for response.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
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pappu
12-18 09:55 AM
Hi
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
Do you have EAD and AP?
My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.
1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)
Thanks in advance.
Sree
Do you have EAD and AP?
more...
TUnlimited
11-07 05:22 PM
By the way, I got my EAD. I don't want to spend money
You can start to earn money instead by filling those stupid forms for somebody else... You got EAD, open you secondary business....:D
You can start to earn money instead by filling those stupid forms for somebody else... You got EAD, open you secondary business....:D
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friend_in_NC
02-13 04:02 PM
When you submit your passport for renewal, they usually give you a receipt with pickup date. This date is anywhere between 2 weeks to 6 weeks.
If you want you can request them to mail your new passport by paying extra $15 for mailing.
If you are going to pickup the passport by person, then you should be there between 4PM-5:15PM. Thats the delivery time.
In DC office you can not pickup anything before 2PM. Remember this
Thanks a lot for the information. Since I had sent my renewal application via courier, I never got any pick up slip. I have paid $15 for mailing service. What I am worried is that even if I drive 5 hours to pick up, if they haven't processed my application (its close to 4 weeks now since I have applied), I will run out of options. On the website they claim that they will process in 5 business days. I must have tried close to 5 different phone numbers multiples times for past week or so. I have also emailed and faxed my query multiple times. Same result - No response at all. I just don't get how work is done at the embassy.
If you want you can request them to mail your new passport by paying extra $15 for mailing.
If you are going to pickup the passport by person, then you should be there between 4PM-5:15PM. Thats the delivery time.
In DC office you can not pickup anything before 2PM. Remember this
Thanks a lot for the information. Since I had sent my renewal application via courier, I never got any pick up slip. I have paid $15 for mailing service. What I am worried is that even if I drive 5 hours to pick up, if they haven't processed my application (its close to 4 weeks now since I have applied), I will run out of options. On the website they claim that they will process in 5 business days. I must have tried close to 5 different phone numbers multiples times for past week or so. I have also emailed and faxed my query multiple times. Same result - No response at all. I just don't get how work is done at the embassy.
more...
axp817
03-28 01:46 PM
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
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mzafar125
08-16 05:24 PM
Hi,
When did you file the I 485 and EAd application for your wife..what ws your PD?
Thanks
We applied for I-485 in June 2007, our priority date is 10/2002. We applied for EAD after we submitted our I-485 application. The EAD was filed on Jul 25 and it was approved today. I guess the higher fees have improved USCIS's efficiency. I was expecting it to take a few months at least. Good luck to you lot.
When did you file the I 485 and EAd application for your wife..what ws your PD?
Thanks
We applied for I-485 in June 2007, our priority date is 10/2002. We applied for EAD after we submitted our I-485 application. The EAD was filed on Jul 25 and it was approved today. I guess the higher fees have improved USCIS's efficiency. I was expecting it to take a few months at least. Good luck to you lot.
more...
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nk2006
08-04 10:02 AM
So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.
Wow...that's a nice story...in a way its sad that somebody has to wait for long for no apparent/valid reason, on the other hand its nice to know that his latest efforts succeeded at the end.
This shows (if there are any doubts) how bad is the administrative efficiency of USCIS. There might be several more cases where people are just waiting. Thanks to IV for working on a few administrative efforts recently - but examples like this show how much more to be done.
On a side note: if this is an IV member, first of all congratulations and secondly please consider giving your details to IV core so that they may use quoting your case in arguing for better administrative changes at USCIS.
Wow...that's a nice story...in a way its sad that somebody has to wait for long for no apparent/valid reason, on the other hand its nice to know that his latest efforts succeeded at the end.
This shows (if there are any doubts) how bad is the administrative efficiency of USCIS. There might be several more cases where people are just waiting. Thanks to IV for working on a few administrative efforts recently - but examples like this show how much more to be done.
On a side note: if this is an IV member, first of all congratulations and secondly please consider giving your details to IV core so that they may use quoting your case in arguing for better administrative changes at USCIS.
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Cherry2006
06-27 01:11 AM
Hi,
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
more...
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obelix
07-27 03:14 PM
Thanks.
Yes, you need to know your original title that was used.
Yes, you need to know your original title that was used.
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kish006
10-30 08:56 AM
I am in the same boat. I USCIS called yesterday still not the in the system. They told to wait next week. Let see what will happen.
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floridasun
01-30 11:55 AM
Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?
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rhlsur
08-18 11:41 PM
****** FURTHER UPDATE ON THIS - VERY BIZARRE ******
With regards to my original post below my lawyer got back to me today with something bizarre -
She received a case closure letter from the Backlog center in July 2007 and they sent a copy of the application we had originally filed. In it, the company address has been struck out and another address (70 miles from where we are) was hand written. She faxed me a copy of this and it is nothing short of bizarre. Does DOL actually make changes like this on their own without a confirmation letter from the Company or attorney. I know my attorney would not do such a thing unless we had requested it. Also, the new address was a company (totally different name) that specialized in pool plastering - nothing to do with Computer engineering which is my area. Currently she's placed a call to the backlog center and since they don't answer calls directly we are waiting to hear back from them. Additionally she's writing to them too. Has anyone been in such a situation and can IV help in addressing this with any agency?
Thanks.
***** ORIGINAL POST ******
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
With regards to my original post below my lawyer got back to me today with something bizarre -
She received a case closure letter from the Backlog center in July 2007 and they sent a copy of the application we had originally filed. In it, the company address has been struck out and another address (70 miles from where we are) was hand written. She faxed me a copy of this and it is nothing short of bizarre. Does DOL actually make changes like this on their own without a confirmation letter from the Company or attorney. I know my attorney would not do such a thing unless we had requested it. Also, the new address was a company (totally different name) that specialized in pool plastering - nothing to do with Computer engineering which is my area. Currently she's placed a call to the backlog center and since they don't answer calls directly we are waiting to hear back from them. Additionally she's writing to them too. Has anyone been in such a situation and can IV help in addressing this with any agency?
Thanks.
***** ORIGINAL POST ******
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
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eb3retro
04-14 08:13 AM
Yes, your reply is exactly same as her. But she added one more point. According to her The CBP officer can't deport a AP bearer. He/she has to parole the person and then can schedule a secondary check for I 140 validity. In such case my attorney can pitch in.
But I am not sure if this is true or she is being over assuring.
Thanks a lot
Listen kroy, All I can say is, people can share general info and their common experiences in these areas as to what they went through. I think its up to you to figure out the best case and the worst case scenario for yourself. Obviously neither me, nor your lawyer is going to be with you, when you go thru the CBP officer. My strong opinion would be to use all these information as a filler in your case and hope for the best. Good Luck!!!
But I am not sure if this is true or she is being over assuring.
Thanks a lot
Listen kroy, All I can say is, people can share general info and their common experiences in these areas as to what they went through. I think its up to you to figure out the best case and the worst case scenario for yourself. Obviously neither me, nor your lawyer is going to be with you, when you go thru the CBP officer. My strong opinion would be to use all these information as a filler in your case and hope for the best. Good Luck!!!
panchotronera
08-12 09:20 PM
Mu I140 was approved back in May /07. I got a LUD today bit I don't know what it means. I have the receipt notice of my I485. I also got LUD on my I131 for me and my family.
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
pamposh
08-05 02:26 PM
Filed 485 in vermont service center
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
--------------------------------------------------------------------------------
I sent my application to vermont based on the USCIS answering system on June 30th that folks with approved I-140s should send 485 applications to the center where it was approved. Any ideas, if there is a problem with that and if the app gets transferred how much time it will take.
anyone else in the same boat?
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