prolegalimmi
10-02 03:50 PM
Some scenarios to consider
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Hello Krishnam
I have a I-485 pending, and there is a chance I may be laid off after 180 days. Would I have to have another similar job offer at hand, or can I still continue looking for a job after 180 days of I-485 till I find one ?
Thank you for your help.
1. If 140 is approved and its been 6 months since date of 485 application and your company who sponsored is not revoking 140, then ability to pay might not matter and you don't care since you can use AC21
2. If 140 is approved and it has not been 6 months since 485 application date and you are on good terms with and your employer is not going to revoke your 140 , take an unpaid vacation to fill the 6 months gap if you can, then you are still safe to use AC21.
3. If your 140 is not approved but you have passed the 180 days litmus test and you use AC21 to move to another employer then the ability to pay might come in to picture if any RFE is done by USCIS.
4. If 140 is not approved and you have not passed 180 days its a variation of the 2nd case and if you can pull it off you can use AC21 and work elsewhere later.
there might be other scenarios but consider each of them carefully before making the decision. While it might seem a simple decision having come so far in your journey you don't want to make as wrong decision only to rue it.
- good luck
Hello Krishnam
I have a I-485 pending, and there is a chance I may be laid off after 180 days. Would I have to have another similar job offer at hand, or can I still continue looking for a job after 180 days of I-485 till I find one ?
Thank you for your help.
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ImmiUser
07-12 11:49 PM
you know....I ahve already downloaded adobe reader ;) and will download PDF in way advance as a proff which will help for filling the lawsuit again
kaisersose
04-18 11:56 AM
my new 140 is file in april and is approved. got my EAD and AP. But no FP.
I also dont expect to get the GC so fast. its more of a red flag and concern what they are trying to look for.
No Red Flag as the letter clearly says it is a standard interview.
It will be a formality where you show your status was always legal and you have a valid job offer in line with your Labor. That will be it.
I also dont expect to get the GC so fast. its more of a red flag and concern what they are trying to look for.
No Red Flag as the letter clearly says it is a standard interview.
It will be a formality where you show your status was always legal and you have a valid job offer in line with your Labor. That will be it.
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LIDIYA
08-23 03:23 PM
:)Our check was cashed today 08/22
We paid with one check for: two I-485�s, and two EAD�s. In little space on the check where it says �for� I wrote fees. So, just want to let you know from my experience that, obviously, it does not matter if you paid with one check for all forms and applicants (in our case total was $1,150) or with separate checks for each application.
Our details:
PD � Aug., 2005
EB-3 ROW
I-485, EDA � reached TSC on Jul. 2nd
Check cashed � 08/22
Called Bank of America and got all 4 case numbers from the back of the check.
Checked INS website � applications were received on Aug. 21st and currently pending.
Receipts were mailed .
All applications were prepared and sent by lawyer, so I don�t know exact time when they reached INS or who signed for it.
Good luck everybody !
We paid with one check for: two I-485�s, and two EAD�s. In little space on the check where it says �for� I wrote fees. So, just want to let you know from my experience that, obviously, it does not matter if you paid with one check for all forms and applicants (in our case total was $1,150) or with separate checks for each application.
Our details:
PD � Aug., 2005
EB-3 ROW
I-485, EDA � reached TSC on Jul. 2nd
Check cashed � 08/22
Called Bank of America and got all 4 case numbers from the back of the check.
Checked INS website � applications were received on Aug. 21st and currently pending.
Receipts were mailed .
All applications were prepared and sent by lawyer, so I don�t know exact time when they reached INS or who signed for it.
Good luck everybody !
more...
a_to_z_gc
04-04 01:16 PM
The track of L-1A is very tricky, there is lot of scrutiny/audit before they get their GC. So grass may look greener by looking at the example of one person, but there may be many other guys whose application was denied, which you may have not highlighted...
Dj-Studios
05-21 11:04 AM
Looks graet. I'll try to put out something by Sat night if I can.
more...
lrindy
10-06 04:11 PM
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
That's just it; isn't it. I'm here legally paying taxes, immigration and all that other good stuff. This last year many illegals who filed 2006 taxes and were awaiting refunds did not get the refunds due to their immigration status! Many things are on the change and when 4 of you are on TIN#'s it is easy to get pulled. What they audited us for was stupid totally illogical! Prove we were married, that the kids lived with us and we lived together in same house. That was it. Why would you file jointly if you did not live together in the first place. IRS office confirmed, then 2nd one re-confirmed it was flagged by INS and it wasn't even hidden well. So, that was August and we filed 07/05 the audit was for 2005 returns. They have all paperwork, but haven't heard anything back yet. That is a good thing too. I crammed every bit of evidence I could into that sealed file before sending it off. The officer who confirmed receipt of it was laughing harder with each turn of the 50 odd documents of proof that I had sent. She said I don't think we can deny that you live together and the kids live with you!!! Please don't worry about it. You should receive a letter in about 30 to 40 days with the outcome.
That is it and I shall wait for the letter to arrive signing it off.
Cheers,
LRIndy.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
That's just it; isn't it. I'm here legally paying taxes, immigration and all that other good stuff. This last year many illegals who filed 2006 taxes and were awaiting refunds did not get the refunds due to their immigration status! Many things are on the change and when 4 of you are on TIN#'s it is easy to get pulled. What they audited us for was stupid totally illogical! Prove we were married, that the kids lived with us and we lived together in same house. That was it. Why would you file jointly if you did not live together in the first place. IRS office confirmed, then 2nd one re-confirmed it was flagged by INS and it wasn't even hidden well. So, that was August and we filed 07/05 the audit was for 2005 returns. They have all paperwork, but haven't heard anything back yet. That is a good thing too. I crammed every bit of evidence I could into that sealed file before sending it off. The officer who confirmed receipt of it was laughing harder with each turn of the 50 odd documents of proof that I had sent. She said I don't think we can deny that you live together and the kids live with you!!! Please don't worry about it. You should receive a letter in about 30 to 40 days with the outcome.
That is it and I shall wait for the letter to arrive signing it off.
Cheers,
LRIndy.
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optimist
06-22 01:34 PM
...The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones...
I agree with what thomachan72 says. You are better off sending only the necessary documents to keep your case crisp, instead of confusing the adjudicator with reams of paperwork. I don't think you need to write a letter explaining non-availability of experience letter. I certainly DO NOT recommend bringing up the bond and other disputes with your previous employer.
Like you discovered yourself, your case got an RFE because of the missing document. With all the affidavits, paystubs and offer letter you have a clean case. Don't mess it up by giving too many unncessary documents.
Good luck to you, my friend.
I agree with what thomachan72 says. You are better off sending only the necessary documents to keep your case crisp, instead of confusing the adjudicator with reams of paperwork. I don't think you need to write a letter explaining non-availability of experience letter. I certainly DO NOT recommend bringing up the bond and other disputes with your previous employer.
Like you discovered yourself, your case got an RFE because of the missing document. With all the affidavits, paystubs and offer letter you have a clean case. Don't mess it up by giving too many unncessary documents.
Good luck to you, my friend.
more...
HV000
04-03 11:21 AM
I was hoping that AILA would ask questions on capturing unused visa numbers and EB visa usage per year from USCIS!
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ca_immigrant
11-29 06:59 PM
hmm..
looks like I might be able to claim my parents
they are here since july last week..so around 160 days this year and were here last year for 3 months, so one-thirs of that is 30
so have a total of 190 (which is more than 183)
Substantial Presence Test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html)
Does this have an impct on the GC though ?
I mean, I see that is a prefectly legal thing to do but does USCIS have a problem with that....
looks like I might be able to claim my parents
they are here since july last week..so around 160 days this year and were here last year for 3 months, so one-thirs of that is 30
so have a total of 190 (which is more than 183)
Substantial Presence Test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html)
Does this have an impct on the GC though ?
I mean, I see that is a prefectly legal thing to do but does USCIS have a problem with that....
more...
gc28262
08-07 07:12 PM
IV is the only group that is trying something for EB gc's!!! If you don't agree with IV mission statement - least you can do is SHUT UP! If you have other selfish agenda's take them some place else...
I am for it. It is high time that we stopped this ever emerging division through some censoring.
Anything against IV mission should be shot down.
I am for it. It is high time that we stopped this ever emerging division through some censoring.
Anything against IV mission should be shot down.
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desi3933
07-07 02:33 PM
......
3. Provide simple letter from employer with an affidavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Simple employment letter with details of job title, salary, and job duties should be enough to demonstrate that new job is in same/similar classification as your labor/I-140. The letter must indicate that job is permanent and full-time.
Do you have employment offer letter? That letter should also list job title, and duties.
________________
Not a legal advice.
3. Provide simple letter from employer with an affidavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Simple employment letter with details of job title, salary, and job duties should be enough to demonstrate that new job is in same/similar classification as your labor/I-140. The letter must indicate that job is permanent and full-time.
Do you have employment offer letter? That letter should also list job title, and duties.
________________
Not a legal advice.
more...
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namm80
01-04 04:09 PM
Mine is also same case... I got my FP notice for Jan 9 2008.
Kishore.salla:
Did you open SR for your FP? Also, which center/state is your FP scheduled in?
Please let us know. I think some Xfr cases are now seeing FP notices, but not sure if they mean anything becuase, bay area, CA FP centers seem to be backlogged more than anywhere else.
Thanks!
Kishore.salla:
Did you open SR for your FP? Also, which center/state is your FP scheduled in?
Please let us know. I think some Xfr cases are now seeing FP notices, but not sure if they mean anything becuase, bay area, CA FP centers seem to be backlogged more than anywhere else.
Thanks!
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eager_immi
01-25 01:06 PM
I like ur idea, can you design this or get someone to do this. It still has to have the same basic principle. we all have ideas we need someone to actually do this since we are mostly IT folks with programming skills can we get a volunteer or a group of volunteer who can do this?
I do not know whether this is going to help IV raise more funds or not, which should be the bottom line for every effort spent at this crucial juncture.
My thoughts on this scheme - Instead of going to outside web sites, we can design a scheme locally ourselves.
Currently we have member information like EB2/EB3, what stage of GC processing etc ... We can add another read-only field to this information like range of contribution by the member. For example,
Platinum member > $1000
Gold member $501 - $1000
Silver member $251 - $500
Member $1 - $250
Non-contributing member $0
When IV can come up with member, senior member etc ... depending on number of posts by the member, even this categorization can be easily implemented in the database. The exact dollar amount need not be disclosed.
I do not know whether this is going to help IV raise more funds or not, which should be the bottom line for every effort spent at this crucial juncture.
My thoughts on this scheme - Instead of going to outside web sites, we can design a scheme locally ourselves.
Currently we have member information like EB2/EB3, what stage of GC processing etc ... We can add another read-only field to this information like range of contribution by the member. For example,
Platinum member > $1000
Gold member $501 - $1000
Silver member $251 - $500
Member $1 - $250
Non-contributing member $0
When IV can come up with member, senior member etc ... depending on number of posts by the member, even this categorization can be easily implemented in the database. The exact dollar amount need not be disclosed.
more...
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kaisersose
06-16 10:45 AM
Thanks Guys!
PenFed.org seems be good option. I'm comparing my local credit union, lending tree and eLoan. I'll share my experience once its done. Thanks again.
I bought a home in April. I was almost ready to go with e-loan, but it turned out my builder had his own mortgage company and he was giving me a discount on the price, if I used his mortgage.
And the rates were pretty much the same everywhere, so I chose my builder over eloan.
PenFed.org seems be good option. I'm comparing my local credit union, lending tree and eLoan. I'll share my experience once its done. Thanks again.
I bought a home in April. I was almost ready to go with e-loan, but it turned out my builder had his own mortgage company and he was giving me a discount on the price, if I used his mortgage.
And the rates were pretty much the same everywhere, so I chose my builder over eloan.
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sunnymit
07-12 03:45 PM
my lawyer just called to tell me to get my papers ready as the new Visa Bulletin is out and EB3 India has moved from 22nd Nov, 2001 to Feb 2002. I went to the visa bulletin but still see the old one. Even Mumbai visa bulletin page is showing July VB. Does anyone else see the updated VB?
more...
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jackdaniels
05-30 03:50 PM
One possible reason is that Americans just don't want people smarter than them to come here and have the high paying jobs, create companies and have success on their own country.
It's OK to have a bunch of illegal immigrants to do the dirty work.
Let's think as a modern slavery. They want to be in command, to be the boss. It's their nature. And they just don't accept skilled immigrants coming here and taking the top positions from them. They want people who just take orders - from Americans.
It's OK to have a bunch of illegal immigrants to do the dirty work.
Let's think as a modern slavery. They want to be in command, to be the boss. It's their nature. And they just don't accept skilled immigrants coming here and taking the top positions from them. They want people who just take orders - from Americans.
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DSLStart
05-25 07:59 PM
Abhinandan! apni-i bijoyee :D
Memorial day became memorial for me.
Woke up late today and the first Email which I checked today says this ;-) :
The last processing action taken on your case
Receipt Number: SRC07******
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On May 23, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Memorial day became memorial for me.
Woke up late today and the first Email which I checked today says this ;-) :
The last processing action taken on your case
Receipt Number: SRC07******
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On May 23, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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unitednations
04-23 04:47 PM
Can H1 be extended on basis that I-485 filled and pending for more then 1 year?
GCCovet
Theoretically yes; because for a 485 to be pending for more then one year; then the labor has to be older then one year and/or the 140 is older then one year.
I think the situation that you may be talking about is where 140 has been revoked but 485 has been pending for more then one year. The law only talks about 140 and labor older then one year. If one tried to do it this way and uscis should question you then there is no legal basis of doing it.
That being said; I do know of a case where a person did get an extension even though the 140 had been revoked. Had to be a fluke and I wouldn't say that it is the norm; because there is no legal basis for it.
GCCovet
Theoretically yes; because for a 485 to be pending for more then one year; then the labor has to be older then one year and/or the 140 is older then one year.
I think the situation that you may be talking about is where 140 has been revoked but 485 has been pending for more then one year. The law only talks about 140 and labor older then one year. If one tried to do it this way and uscis should question you then there is no legal basis of doing it.
That being said; I do know of a case where a person did get an extension even though the 140 had been revoked. Had to be a fluke and I wouldn't say that it is the norm; because there is no legal basis for it.
defriend
07-11 02:03 PM
Hi,
My parents will be here for more than 184 days this year (on visitors vis) and I want to claim them as dependats on my tax return for next year.I searched through some old threads, but the info seems to be outdated.
* Can I claim them as dependants on my tax return?
* Has anybody done this successfuly before?
* What is the deduction amount per person/dependant?
* What is the process? I know they will need an ITIN etc.
Regards
Nick
My parents will be here for more than 184 days this year (on visitors vis) and I want to claim them as dependats on my tax return for next year.I searched through some old threads, but the info seems to be outdated.
* Can I claim them as dependants on my tax return?
* Has anybody done this successfuly before?
* What is the deduction amount per person/dependant?
* What is the process? I know they will need an ITIN etc.
Regards
Nick
dce.deepak
03-31 03:45 PM
Done
