gcformeornot
02-11 11:38 AM
applied for H1, was it COS? Did you get new I-94 when your H1 was approved. If yes then you are in H1 status after H1 is approved. Obvisously they denied L1B.
Also if above is true and you are not working for H1 employer then you are probably out of status......
Also if above is true and you are not working for H1 employer then you are probably out of status......
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johnnybhai
05-15 11:26 AM
Curious.
GCNirvana007
10-05 11:11 PM
that was hilarious GCN007...BTW my wife got approved to finally....
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
Thanks and great news on your wife's approval bud.
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
Thanks and great news on your wife's approval bud.
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Guest007
02-12 02:07 PM
I was in same boat. And apparently there is nothing like I-94 extension according to my lawyer. So after your passport comes.. You go out of the country and come back for a new I-94. Or you apply for visa renewal. I had to apply for h1 extension anyway within 5 mos. So I applied for renewal. Hope this helps.
I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.
I have my visa valid till Dec 2008. But PP Expires on July 1st 2007. when I was entering US on Dec 30th 2007, They gave me I94 valid till july 1st 2007. So I have to extend my I94 once I will get my new passport for which i have already applied in Chicago. Does any one know, how many days it takes for passport renewal? I had sent my passport to chicago Indian consulate on jan 10th and still waiting.
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singhsa3
08-19 12:48 PM
Yep, just passed level III , today. Now will start applying for the charter.
good to find a fellow CFA candidate/member here... are you done with the exams?
good to find a fellow CFA candidate/member here... are you done with the exams?
gauravster
10-04 03:18 PM
1. Liquidity is definitely an issue with 401k. It is not easy to withdraw. However, in certain cases you can withdraw the money claiming hardship though it should be avoided (401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)).
2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.
3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.
4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.
But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.
2. Apart from hardship, I would typically max out in these. One not only saves on taxes (federal, fica, ss, state taxes etc. about 30+%) but one may have employer match as well. Also different employers might have different options for investments.
3. For withdrawal, there is a 10% penalty and these get added to your annual income that year. So if you plan to go to India, you can choose to withdraw in years when you are firmly a Indian resident and have no other US income. As such your tax liability would be less (maybe zero if you withdraw across several years) you might only have to pay 10% penalty (as against 30+% you pay on taxes now). If there is an employer match, you might be getting additional 25-100% just to invest.
4. Loans from 401k. They do charge a small interest, but that typically gets added to your account. So effectively you are paying interest to yourself.
But liquidity is a serious issue and you need money you might consider this a problem. Even then, if there is employer match there is a good reason to still invest at least as much as needed for the maximum possible employer match.
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glus
09-15 02:48 PM
I can see it. Refresh your browser
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
I understand your frustration. However, it just means that the are "processing" those applications. That being said, does not mean they will approve them, but will perform the initial processing of those applications. Then, the applications go back to a "waiting line" for their PDs to become current. This is why sometimes some I485s get approved right after their PDs become current(within days). This is because some of them are pre-processed. This is what the Processing Dates mean on the USCIS website. It means "being processed". I hope this makes sense.
Thanks inskrish for the news.
Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!
Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???
I understand your frustration. However, it just means that the are "processing" those applications. That being said, does not mean they will approve them, but will perform the initial processing of those applications. Then, the applications go back to a "waiting line" for their PDs to become current. This is why sometimes some I485s get approved right after their PDs become current(within days). This is because some of them are pre-processed. This is what the Processing Dates mean on the USCIS website. It means "being processed". I hope this makes sense.
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morchu
05-12 12:06 PM
Greg,
The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.
So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
The Original poster mentioned that he filed 485 on 08/06/2007 (and I believe he is employment based). Please note that all employment based categories were unavailable as per bulletin#109 (for august 07). So any EB 485 filer filed in August of 2007 was eligible for that only because of the bulletin 107 & further "July Fiasco events". Which means even if they filed 485 after July 31st, they in fact used the old fee structure.
So ANY EB 485 filers between 08/01/2007 to 08/15/2007, still has to keep on paying fees for EAD (even though the rules change happened for filings after 07/31/2007). This is a special category of filers created by "July Fiasco".
With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.
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chanduv23
12-08 05:29 PM
Come on folks - please contribute towards the efforts
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chanduv23
08-03 11:58 PM
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
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sam571
03-08 04:47 PM
Hey Tiger ,
are you transferring your H1B to consulting to consulting firm ,or consulting to direct company?
Because there have been lots of REFs and denials in case of transferring to consultancy lately, and they highly doubt about projects availability and they use any of these excuses like past w2 to deny it ...
Thanks....
are you transferring your H1B to consulting to consulting firm ,or consulting to direct company?
Because there have been lots of REFs and denials in case of transferring to consultancy lately, and they highly doubt about projects availability and they use any of these excuses like past w2 to deny it ...
Thanks....
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MARY_GC
08-24 06:52 PM
I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
Thanks for ur information.I had 2 more doubts.
1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.
First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.
Thanks for ur information.I had 2 more doubts.
1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.
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bpadala
05-08 05:42 PM
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green_mile
09-14 01:41 PM
This is a great idea I am in.
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san7887
11-04 10:53 PM
i heard they have some medical transcription company in detroit region
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Ramba
09-23 02:42 PM
AOS is neither vaild non-immigrant status nor immigrant status. It is a "period of authorized stay" based on contigency of approval of 485. Though, it has work authorization, there is no law clearly says they are eligible for school or any other benefits that immigrants enjoy. Therefore, it is difficult to explain to those have limited knowledge. It is better to get a letter from immigrant lawer to explain to school or just follow what school is suggesting.
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Caliber
05-31 10:28 AM
The math does look good pthoko but do you think all 13K will step up especially the ones whos PD has become current !
My PD is current. Still I am not discontinuing my 50.00 per month contribution that I have been doing since january.
My PD is current. Still I am not discontinuing my 50.00 per month contribution that I have been doing since january.
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yabadaba
06-29 10:07 AM
^^^^
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desi_scorpion
08-02 02:39 PM
I have always used fedex....excellent service for most critical documents....I might have shipped 50 times to India......never used anything else.
smiledentist
06-14 02:23 PM
Anybody else, please advice.
lfadgyas
05-20 09:15 PM
I�m not a lawyer or attorney or anything official
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
-So you ended up in the US as a intercompany transfer on L1B and you are working for �A�. Probably you started to work for �A� around 1999 summer.
-L1b is expiring on Aug 29, 2001, but few days before they submit an extension, but there is no approval just some RFEs;
I assume you kept working after Aug 29, 2001 for the same company �A� still here in the US.
-After a year you applied for H1-B with company �B� on August 20, 2002 which is approved on Sep 2002 and you travel back home to have the visa stamped and you came back to the US and started working for �B� (on June 2003).
-Later you transferred your H1B and started to work for company �C� which is your current emp. Company �C� started your labor/gc process and you were able to file your case during the 2007 visa fiasco (when all categories were �current� for July or so ).
I believe that from Aug 29, 2001 till Sep 2002 (or till the date you left the country - but this does not really count for now I think) you were working with no USCIS authorization.
Based on the dates this is more than one year � there is some bar for this 3 or 10 years � that is the time you cannot reenter or apply for new visas etc. I guess . Your lawyer (any) should know this better.
Even if you applied for H1b afterward� and that process went ok - probably by this time they realized that there was an unauthorized employment before� I do not know that a correctly field H1 and later and approved LC and filed I485 can "cancel out" such a thing. Probably not.
This is definitely a �lawyer� case . You might would be able to show and prove that you unintentionally ended up with this gray period with your first employer (this would be hard though) and ever since you followed the immigration law. From your stand point (unfortunately this will be not the USCIS�s one ) you are here legally since 2003 June. This is already 7 years. You might can file for some relief - based on extra hardship or something - I do not know this side .
If this unauthorized employment issue is true then consult about the real chances you might have with a lawyer who knows this pretty well...
Good luck
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