CantLeaveAmerica
04-10 09:27 PM
CantLeaveAmerica
The officer asked several questions
Where do I work
What is my job title
Am I married
Do I have Kids
What is my current address and proof of it.
What is my wedding date
Hav I travelled out of USA from last entry
Did I ever get any money in form of help from Immigration
Checked my pay chq (current) and w-2 for 2007.
Asked for Employment verification letter
Asked to show I 94 card
Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below
Do I have any illegal kids (hahaha)
Was I ever involved with any terrorist org
Have I ever tried to being in ilegals to USA
Have I ever worked as a Prostitute (lol)
In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM
The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.
Hope this helps people out here........Good Luck ALL.
Thanks Piyu7444...did they ask for all paystubs of previous years or were they only interested in the current paystub as mentioned by you?
Also, do the job responsibilities have to match exactly word4word as in LC? Or can I explain to similar extent?
The officer asked several questions
Where do I work
What is my job title
Am I married
Do I have Kids
What is my current address and proof of it.
What is my wedding date
Hav I travelled out of USA from last entry
Did I ever get any money in form of help from Immigration
Checked my pay chq (current) and w-2 for 2007.
Asked for Employment verification letter
Asked to show I 94 card
Asked all the questions which I guess are on the 485 form, the questions are generally not relevant to people like us: Examples are below
Do I have any illegal kids (hahaha)
Was I ever involved with any terrorist org
Have I ever tried to being in ilegals to USA
Have I ever worked as a Prostitute (lol)
In particular the only question which surprised me was when I was asked to descirbe what my job responsibilities are....I was prepared for it and the officer was matching it with the job description used for my PERM
The officer was very nice and helpful. I got done in like 20-25 min and she said that the case is approvable. We just need to wait for the Visa #.
Hope this helps people out here........Good Luck ALL.
Thanks Piyu7444...did they ask for all paystubs of previous years or were they only interested in the current paystub as mentioned by you?
Also, do the job responsibilities have to match exactly word4word as in LC? Or can I explain to similar extent?
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gcformeornot
08-09 09:08 PM
It has nothing to do with EB Immigration
psaxena
07-06 06:37 PM
I changed my job recently , didn't talk about anything immigration, ead anything. Even when I asked , I told them "That will not be an issue, and nothing is required by the company to do for me". At the time of joining I gave my EAD and SSN. Thats it HR lady didn't ask anything just took the Photocopy of it and kept in the file.
I did not file AC-21 as well , though as part of the joining process without asking I as given the appointment letter, role and jobdesctription , which I can use as EVL. I think this is standard process which every company follows. So flow in the process and there should not be any issues. Also after making the offer the company cannot deny the offer because of EAD thats, the law. So wait and speak wisely till you get the offer letter.
I did not file AC-21 as well , though as part of the joining process without asking I as given the appointment letter, role and jobdesctription , which I can use as EVL. I think this is standard process which every company follows. So flow in the process and there should not be any issues. Also after making the offer the company cannot deny the offer because of EAD thats, the law. So wait and speak wisely till you get the offer letter.
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indyanguy
10-19 07:52 PM
Actually, IMO, stocks is a loosers game. Many have tried it and have lost a "lot" of money(including myself). If you would like to make money through investments(i didn't say *stocks*), you should go with something like mutual funds and have a well diversified portfolio across different asset classes.
If you really want to get yourself into stock market investing, the best book(Holy Grail for people like Warren Buffet and many other Mutual Fund managers) to get started on is is The Intelligent Investor by Benjamin Graham. There are tons of discussion forums like morningstar.com that has discussions about finance related topics. You could also get started with Mutual Funds for Dummies, Common Sense book on Investing by John Bogle, The Intelligent Asset Allocator by Bill Bernstein etc., There are tons of other ones, but this would get you started.
But, my 2 cents, have a long term goal, educate yourself on what investing(again, I didn't say stocks) is and get started. Investing is a marathon not a sprint.
Hope this helps.
Sanjay.
Thanks for the info. This is helpful. I see what you are saying. However, don't you think that considering there are a lot of stocks that are at bargain prices (due to the downturn in the economy and not necessarily due to the company's performance), this would be the right time to buy and hold and build up the portfolio. As Buffet himself said "Be fearful when others are greedy, and be greedy when others are fearful."
I strongly feel investing in well known companies' stocks which are battered temporarily is a nice way of expecting better returns when the stock market revives.
If you really want to get yourself into stock market investing, the best book(Holy Grail for people like Warren Buffet and many other Mutual Fund managers) to get started on is is The Intelligent Investor by Benjamin Graham. There are tons of discussion forums like morningstar.com that has discussions about finance related topics. You could also get started with Mutual Funds for Dummies, Common Sense book on Investing by John Bogle, The Intelligent Asset Allocator by Bill Bernstein etc., There are tons of other ones, but this would get you started.
But, my 2 cents, have a long term goal, educate yourself on what investing(again, I didn't say stocks) is and get started. Investing is a marathon not a sprint.
Hope this helps.
Sanjay.
Thanks for the info. This is helpful. I see what you are saying. However, don't you think that considering there are a lot of stocks that are at bargain prices (due to the downturn in the economy and not necessarily due to the company's performance), this would be the right time to buy and hold and build up the portfolio. As Buffet himself said "Be fearful when others are greedy, and be greedy when others are fearful."
I strongly feel investing in well known companies' stocks which are battered temporarily is a nice way of expecting better returns when the stock market revives.
more...
galacticman
03-05 06:29 PM
Coopheal, what was the filing date for your 485? I take that it went to NSC? I'm a mid July '07 filer and am hoping for LUD's since processing times are current for that month. Offcourse it would be preadjudication like yours since my PD is so far from being current. Luckily my 140 was approved last year prior to 485.
lccleared
08-26 06:04 PM
I have not received it either, where as my spouse and child got theirs 10 days back. Wonder whats happening, called up USCIS they asked me wait for couple of more days.
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srh1
10-28 03:43 PM
I went threw the forum but was not successful in finding . If possible can you please send the link.
Iam primarly intrested in knowing two things
1. How long can the consultant stay with existing employer after GC.
2. Does he have to be on payroll all the time till he is with The existing employer. I was on payroll for 2months and my project ended and will there be any problem if iam out of job for next 2 to 3months considering the market conditions.
Iam primarly intrested in knowing two things
1. How long can the consultant stay with existing employer after GC.
2. Does he have to be on payroll all the time till he is with The existing employer. I was on payroll for 2months and my project ended and will there be any problem if iam out of job for next 2 to 3months considering the market conditions.
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tabletpc
11-29 03:07 PM
Hi GCFISH,
Thanks for spedy response...
jsut a quick question..
I will be sending a check in US currency...so should i just find the today's converstion rate and send them the check..???
I just want to amke sure they don't send back my aplciation for wrong fee. later...
Thanks in advance..
Thanks for spedy response...
jsut a quick question..
I will be sending a check in US currency...so should i just find the today's converstion rate and send them the check..???
I just want to amke sure they don't send back my aplciation for wrong fee. later...
Thanks in advance..
more...
Vitriol
04-13 10:12 AM
Thanks a lot, people!
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wahwah
09-27 01:19 PM
what you're describing is day trading but you will only catch the eye of the IRS ONLY if you're making $50K of above in profits or you're buying and selling $100K of shares in short period of time....in other words, any amt that is more than your salary.
buying and selling shares 10 times a day in small cash amounts will not be an issue. if you get audited IRS may only wonder if you're really working for your employer becoz you can't have that much time in your hands if you're really working a full time H1b job.
i have traded stocks for several years regularly in large amounts - singular trades sizing up to $20k. Though i've been fined by the IRS in the amt. $11K for not paying enough taxes on capital gains but have never been audited. ..touch wood.
i guess the bottom line is that if you're trading well below your salary level and are not making obscene profits disproportionate to your salary...you should be fine.
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
buying and selling shares 10 times a day in small cash amounts will not be an issue. if you get audited IRS may only wonder if you're really working for your employer becoz you can't have that much time in your hands if you're really working a full time H1b job.
i have traded stocks for several years regularly in large amounts - singular trades sizing up to $20k. Though i've been fined by the IRS in the amt. $11K for not paying enough taxes on capital gains but have never been audited. ..touch wood.
i guess the bottom line is that if you're trading well below your salary level and are not making obscene profits disproportionate to your salary...you should be fine.
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
more...
sroyc
12-11 04:24 AM
From what I understand, the annual quota is 140K. The extra 23K was the spillover from last year's FB quota and was distributed in the following order - EB1->EB2->EB3.
Perhaps unfairly, they do not have the same quotas for the spillover visas.
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
Perhaps unfairly, they do not have the same quotas for the spillover visas.
Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.
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vegi_hyd@yahoo.com
06-07 09:55 AM
I would (and did) send to the address on the confirmation page. If you search for other forums on EAD filing recently, that is what is also recommended there
Thanks JackisBack.
Thanks JackisBack.
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saileshdude
05-14 10:18 AM
Mishras,
Can you complete your profile and mention what is your PD , service center, etc. Also can you scan and post the exact copy of the RFE you received. You can take out all the personal info like your receipt number,name but keep the wordings of the RFE intact.
That would help people here to help you.
Can you complete your profile and mention what is your PD , service center, etc. Also can you scan and post the exact copy of the RFE you received. You can take out all the personal info like your receipt number,name but keep the wordings of the RFE intact.
That would help people here to help you.
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sromil99
03-26 03:16 AM
Which Consulate you went for renewal?
It looks like case of establishing Employee - employer relationship and RFE is requested for the same.
You work for comp A which has contract with Comp B and Comp B makes you work for Comp C.
You need contract between Comp B and Comp C as well.
Search for Employer Employee memo, which was issued in Jan 2010 y USICS, that should clear the picture for you.
Note: I am not a professional, these comments are FYI only, pls seek professional advice for details.
It looks like case of establishing Employee - employer relationship and RFE is requested for the same.
You work for comp A which has contract with Comp B and Comp B makes you work for Comp C.
You need contract between Comp B and Comp C as well.
Search for Employer Employee memo, which was issued in Jan 2010 y USICS, that should clear the picture for you.
Note: I am not a professional, these comments are FYI only, pls seek professional advice for details.
more...
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jonty_11
08-03 05:19 PM
Any answers to this questions ?
I hate to say this...but if u are not on honest talking terms with ur employer...then u r not really in EB category.....
I hate to say this...but if u are not on honest talking terms with ur employer...then u r not really in EB category.....
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GC092003
04-18 11:57 AM
yes, I punched it right. I changed last digit... it shows it is approved... of course, this is not my case number.. someone who has one number different..
I am calling to a toll free number... I am so scare if they pull out my information and they might mess up by mistake... no?
I am calling to a toll free number... I am so scare if they pull out my information and they might mess up by mistake... no?
more...
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saurav_4096
04-12 09:38 AM
Gurus,
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
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texcan
08-01 05:55 PM
Join state chapter to be upto date.
http://groups.yahoo.com/group/texasiv
Is there a real need of seperate group other than IV.
Just curious.
http://groups.yahoo.com/group/texasiv
Is there a real need of seperate group other than IV.
Just curious.
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cjain
11-13 09:32 AM
Tom,
This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:
- I-140 should've been "approvable when filed"
- New job should be in same/similar field
Read the Aytes Memo (google: aytes memo) for more clarification.
and stop spreading lies
The AC21 can be used only if the following 2 conditions are met:
a. I140 is approved.
b. 180 days after the receipt date of I1485.
One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.
If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.
This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:
- I-140 should've been "approvable when filed"
- New job should be in same/similar field
Read the Aytes Memo (google: aytes memo) for more clarification.
and stop spreading lies
The AC21 can be used only if the following 2 conditions are met:
a. I140 is approved.
b. 180 days after the receipt date of I1485.
One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.
If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.
meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
gdilla
06-07 11:57 PM
But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?
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