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  • gc_buddy
    04-04 05:24 AM
    There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.


    Just to add, The Ability to Pay must be provided as of the priority date and continue until such time you recieve legal residance. If you are making fianancial adjustments as of today they may not be of much use..Just make sure of this when you or your employer makes financial adjustments..





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  • sac-r-ten
    06-17 12:15 PM
    Tell me the one which you developed and i won't buy it from the apple store. since if DOL/USCIS catches you and apple removes the support for it then i won't be a happy person.
    Just kidding.

    Go ahead man. live your dream. why bother about trivials like DOL/USCIS.





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  • AB1275
    12-17 11:00 PM
    I was in kind of simmilar situation in April 08 .I found out online that my 140 /485 denied on april 18th .called my lawyer and statred counting days to find out why .Neither My attorney.employer or me got any denail notice till may 15 .meanwhile i had mad multiple call to NSC.finally I got denail notice on my home address thu it was supposed to go to attorney .Any was they asked for same things what they wanted from u .My employer was in process of audit but i had only 4 days to file MTR .
    Now answers to ur quiries
    1-Read denail notice they may give option of MTR .My MTR got approved in 2 months .I gues Apeal takes longer time
    2-Can u send W-2 later? .what i did at that time was called NSC to ask .They said take info pass n go to local offive .i had 4 days .took info pass same day n drove about 150 mils to local office .There head of that place told me to file MTR with what ever u have and write them letter to buy more time for other docs and make sure u file MTR with in 30 days .
    I sent unauditted statements but my W2 nad paystubs were way more then i was supposed to get .
    Wish u luck

    Thank you for ur post. I checked my denial notice. There is no mention of MTR. It mentions that I can file an appeal with AAO within 30 days.





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  • nramesh30
    08-02 02:04 PM
    Hello All,
    As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.

    "My brother entered into the U.S around 2004 with
    valid H1B stamping for company A. He was there only
    for few months . He didnt work on any project
    and he doesnt have any pay stubs. Before he left the
    US, company B filed for his H1B visa . After filing
    H1B he went back to india and later accepted
    a different position in singapore . H1B for company B
    was approved successfully after few months.
    Its been nearly almost 2 years since that happened .
    H1B for company B is valid till sep 2007

    Now company C filed for his H1 just few weeks before
    and it was approved successfully. He wants
    to travel to U.S now and start working for company C .

    He went to singapore U.S consulate for H1B visa
    stamping for company B. Unfortunately it was rejected.
    221(g) . Reason officer gave him was " u
    need to have 13 years experience to take up this job".
    My brother tried to explain to them . But they wouldnt
    listen. Also they retained all the H1B documents
    related to comapny B.Also they have put an entry in
    his passport saying 221(g) and the date.

    Company C is still asking him to travel to U.S , since
    he has a valid visa stamping with company A until Aug
    26 2006. My brother has valid H1B petition thru
    company C which is valid till june 2009.

    1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
    visa for company B), with proper H1B documents valid till 2009 from company
    C?

    2)Will there be questions at the port of entry ?
    3)Will there be any issues because of the 221(g)
    stamping in the passport (company B visa)?
    4)Any chance he wont be let inside U.S ?
    5)Can he show them the h1b approvals for company C ?
    6)Any tips to handle the officer at POE?
    7)If every thing goes smooth, will his new I-94 be
    valid till june 2009 (date on his company C petition)
    or just another 4 weeks (company A petition)?
    8)If by any chance if he is deported, will it affect
    his future prospects in the U.S?

    Any little help is also appreciated.
    I need answer mainly for question 1 and 8



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  • WeShallOvercome
    12-26 12:49 PM
    I suppose you are living in USA.

    On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

    On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

    To answer your question, you are a non-permanent resident alien.

    Venram,

    I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.

    In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
    The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.

    Resident alien - An alien living here on a permanent basis
    NonResident Alien - An alien living here on a temporary basis

    I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..





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  • milind70
    09-16 02:16 PM
    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas

    Well if you have used EAD to join the new employer you have no other option but use valid AP for reentry, if you have used H1 transfer and if you plan to get the H1 stamping (if the passport H1 stamp is expired) then you enter normally,
    if you already have a valid stamping in passport make sure you show the latest I 797 showing the latest employer whom you are currently working so the IO enters the correct employer details.

    This travel will not have any impact as long as you have AP and the new employer is supporting you GC process( i meant was providing documents as requested by USCIS if any)



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  • pd_recapturing
    05-23 07:10 AM
    In my case, I have my EB3 labor and I140 approved with PD as May 2004. I have already started a new PERM EB2 from same company in order to port PD. I have not reached to the stage where I can apply I140 (under EB2) to actually start porting PD. With the new rule of "21st May 2007", I am not sure how would my case be treated? Can somebody shed some light on this?
    Can someone please answer this ?





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  • vijay0101
    04-07 05:28 PM
    hi ggc,
    when did you received a I-485 interview letter. Is your PD is Aug 06? What was the outcome of the interview.
    Thanks



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  • johnggberg
    08-02 01:42 PM
    Fed Ex is Good, never had any trouble with them





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  • NKR
    06-09 12:52 PM
    You got to ignore some of these statuses from certain IOs. I went for infopass end of may and I was told namecheck is pending. When i said it does not matter anymore since it has passed 180 days, he mentioned that its not official yet and gave me a document describing name check process which mentioned something about N-400 which i believe is for FB. Talked to IO over the phone a week later and I was told that its assigned to the officer and Visa Number also assigned. Got the Card Production Ordered email next day.

    Congratulations. How long did it take since your PD became current till you got the card production ordered email?.



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  • colorbones
    10-05 01:40 PM
    That's the good or bad news????
    i won this program in 2003. i just got the hand written "adjust status" in my passport from immigration officer but i never got GC from them....:p

    they give you a chance to live here legally and then they try to kick you out.

    now.. i'm an illegal.. in U.S :confused:

    that's why they call lottery :cool:





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  • thomachan72
    10-04 02:42 PM
    I was also at 10 and few weeks back went and changed to 12. As Tony pointed out I have been wondering about the liquidity issue if at all we were to withdraw early. They take off 30% (20 tax + 10% early termination fee). I do have a bit of company match but will not be enough to cover the 30% loss. I am thinking of cutting back to 5%.
    The problem with accounts in India is the requirement to declare it here. Anyway have to quickly call them and get it back to just enough to get the employer match up to the max.



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  • immi_enthu
    08-10 05:03 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)

    but all this mustang can do is f*rt . Did you guys notice the 'oo00 ' in the ID :D





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  • gcformeornot
    12-31 01:23 PM
    vote



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  • humdesi
    12-13 09:35 AM
    This is the United States. They have rules here (except immigration). If they don't pay you, complain to DOL wage and hour division, and watch the fun..

    Thanks franklin,


    My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.

    Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...


    I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..


    btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.





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  • green_mile
    10-04 02:09 PM
    Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
    Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.

    1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
    If not given the crappy funds offered by the 401K plan provider it is not a good idea.

    2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.

    3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.



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  • rajunpatil
    08-30 05:02 PM
    --------------------------------------------------------------------------------

    I am in severe trouble, my employer said he would terminate my h1b and GC.
    I have I140 Approval copy with me
    My I485 was filed on July 2nd 2007
    My priority date is June 2004

    I have not yet received any receipts for I485
    My checks are not cashed.

    My H1B is valid until Nov 2007

    I am drop dead, what should I do now.
    I am looking for
    option1: a new employer to transfer my h1B
    option2: I was doing my MS, so chnage status to F1.

    But what will happen to my GC, Priority dates , I140

    Please, tell me what is my best option to continue staying in US.





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  • dummgelauft
    04-14 10:04 AM
    Umnagini! tough luck man. If this were at-all possible, I would have had my Green card 5 years ago. I have the exact same situation as yours. No, can't do it.





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  • xela
    04-23 05:59 PM
    June 31?

    lol Thanks,....yeah the impossible day....no it was the 30th, my bad





    crazydesi
    09-03 07:57 PM
    It helps for the older PD's who were stuck in name check for many years.

    They are collecting this for New visa # which are going to come in Oct.

    So it does help them in identifying the cases with old pd's and solve the puzzle of why they are not being approved. Based on this number of cases they might move the visa dates accordingly.

    Guru's any insights.





    ivjobs
    11-09 08:33 PM
    ^^



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