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  • h1techSlave
    11-19 10:20 AM
    If you look at the numbers.
    EB3 - 3 years to file 485. Very little risk of rejection of 140 by USCIS.
    EB2 - 1 year for LC processing, because you have to file new LC. Very HIGH risk of rejection of 140 by USCIS.

    Now take your pick.

    h1techSlave,

    I saw that priority date for EB2 (all other countries) now is current, while for EB3 is May 2005.....

    Does it mean that when my LC is ready I will have to wait my priority date for approximately 3 years?





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  • lacrossegc
    08-13 12:28 AM
    Yep congratulations indeed





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  • Miya Maqbool
    08-16 05:20 PM
    Howdy fellow Aliens,

    My wife's EAD just got approved. Now I have to get her a SSN so she can start working part time. Firstly I should ask can she get a SSN provided her I-485 application is filed and she has a valid EAD ? Any idea how long it takes to get the dang SSN ? I appreciate your help as always.

    Hi,
    When did you file the I 485 and EAd application for your wife..what ws your PD?
    Thanks





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  • nayekal
    02-17 11:29 AM
    Hi Nayekal,
    I am in the same situation as you. My wife's employment is expected to end in the Middle of March.

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.


    Can you please share your experience.

    Thanks....

    1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.

    What I understood from your question is your H1 expires on End of March and you need to apply for H1 extension from Aril 1 2009. If this case, you can apply for extension right now as well. Remember, you can apply for H1 extension within 6 months of your current H1 exp date. This is what my company did for me. They applied 5 months earlier. So, when you are applying for H1 extension, you can apply for H1 to H4 for your wife. In that case, your wife status is safe and your wife will get approval for H4 with I-94 period as stated in your new H1 copy (her H4 period equal to your new H1 period).

    2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.

    In case your wife gets a job offer later, her company can file for H1 (independent of quota) and she gets H1 for 6- whatever period she already served on H1, capped at 3 years.

    Good Luck.



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  • lazycis
    01-15 11:15 AM
    Finally, I found it in the federal regulations. So it's the federal law.

    20 CFR Ch. V. � 655.731
    ...
    except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);





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  • greenguru
    03-04 06:57 PM
    Hi saratswain,
    Please can you send me the format of the letter. I am in the same boat as ur are in.

    Thanks, g



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  • lord_labaku
    09-10 10:00 PM
    Fantastic campaign





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  • karthkc
    05-14 04:46 PM
    Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.

    Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?

    That would net some savings for filers who have multiple dependents.

    Just a thought.....



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  • kirupa
    10-27 06:42 PM
    Added :)

    You should see at least a few hour delay for this is a manual process haha.





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  • sweet_jungle
    11-17 12:26 AM
    it is the primary applicat's status which matters. spouse can be on any non immigrant status to file for I-485.

    Once spouse's I-485 will be filed, F1 will become invalid but will become AOS applicant. AOS is a status by itself and you will not be out of status. Spouse will be eligible for EAD and AP to work and travel. There is no need to convert back to H4 before filing for I-485.

    The only danger is if for some reason, I-485 is denied, then AOS status becomes invalid and then it will be out of status. In that case, primary applicant should have maintained H1 status (used H1 transfer to change jobs instead of EAD and used H1 visa to travel instead of AP) and that can be used for re-instatement of status of spouse back to H4.

    In summary, bringing back to H4 before filing for I-485 might be safer but may be impractical as the conversion will take time and in that time, one might miss the priority date window which will change month to month. Also, if spouse is using F1 to work, conversion back to H4 will require stoppage of work till EAD.



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  • gckalafda
    03-20 11:28 AM
    I got RFE on 140 asking

    all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

    Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

    and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

    I am still fearing how do USCIS take in to consideration when they finalise the case.

    Do you think all these are substantiate my case , or they may come with another RFE or denial..

    Please advise me what I want to do, I haven't submitt my case yet.

    Thanks





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  • ivar
    04-09 10:05 PM
    OMG :eek: 3 months to withdraw PERM!
    Because of attorneys error, back in Jan/2008 we had to with draw perm and refile. It took Just 3 days to withdraw my PERM at that time.

    We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.



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  • desi_scorpion
    08-10 12:01 PM
    Called the NSC on wed and today....and was told that I need to wait 90 days from the date of submitting the 485 to receive a receipt number. Expecting something similar in todays update.....thats a pretty long wait.





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  • nousername
    03-18 03:55 PM
    I am just wondering how in the world members here get to know where their cases were transferred after receiving a soft LUD?

    My case starts with WAC and I don't remember where my lawyer originally filed my case but since then it has been transferred twice.. God only knows where..



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  • mnkaushik
    05-14 11:11 AM
    FYI - last year I was current on August 1st and got my green card email on August 30th. There were plenty of people who did not get it that month and got it following month.

    If I were you, I would what ever you think helps your case but looking at how things happend last year, I really dont think anything helped. But I did talk to my congressman and also created SR. I think, if you search for threads titled August 2010 approvals etc you will find everyone went through what you are all going through now.





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  • pappu
    10-05 01:13 PM
    IV makes a public announcement of its advisory board today. These advisors have been associated with Immigrationvoice for quite some time and we have decided to make the names public after they gave us permission to make their information public. Some more names will be announced in the near future if others associated with IV agree. These are top leaders in administration, industry, research and advocacy. We have been happy and fortunate to have them with Immigration Voice. We thank all IV members for supporting IV due to which we could make IV a nationally respected organization and a voice of legal high-skilled community. Its time for us now to work together and achieve our goals.

    Please watch the homepage for information about these leaders.

    The bios of the board members are here http://immigrationvoice.org/index.php?option=com_content&task=view&id=94



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  • newbie2020
    07-07 01:52 PM
    Generally you need not pay the taxes right upfront, However if at the end of the year when you file your taxes, if the IRS determines that you owed lot of taxes and you hadn't make any advance payment it could create lot of issues,

    Also imagine getting a tax bill for $$$$$ at the end of the year and you need to shell out right huge amount instead of making a small installments (Similar to the W2 withholdings )

    Better choice, Make an advance tax payment, it would reduce the tax burden at the end, You may also get a refund.....

    You can make the advance payment by getting an voucher and filling the details...., It need not be in both names, it can be just in your wife's name.

    Again it doesn't matter how much you want to pay up...Pay like 3-4K per quarter and you are good...At the end of the year if you owe any additional amount you will pay it else if you made any extra payments you will get refund

    All of it is just one single payment, Nothing to separate





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  • madan
    01-11 12:13 PM
    Thanks So much for the Answers.

    Can you please answer one more Question?

    I m not updating the INS regarding the Divorce, when my new wife attaends the H4, she would show the Divorce and Remarried certficate to the Consulate is that good enough so that they would take care of evrything?

    Thank you again





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  • bindas74
    02-05 10:54 PM
    I applied I-485 in July 2007. But didn't apply for EAD/AP. I applied for EAD for the first time now, few days back and I was asked by my lawyer a check of $340 as application fee.
    Hope this helps !!
    hi raj1998,

    I did pay $340 as I had applied in March 2008...now I am up for renewal...so I was hoping that I dont hace to pay any money since I had applied my first EAD with the new fee structure..
    do you think you have to pay $340 when you are up for renewal next year?





    Suva
    06-05 05:28 PM
    My H1b extension was applied on Jan 15. It is approved this week.

    Hi,
    I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC

    I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
    Please share your experiences and ideas

    Thank You,
    Raj.





    pani_6
    08-17 04:01 PM
    Why not FedEx?

    fedex des not deliver to PO boxes



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