saravanaraj.sathya
08-08 03:23 PM
Jasmin - Thanks for ur reply. I know there are several posts regarding pay-stubs. but I was un-clear with the pay issue after filing I-485 thtz why I opened a new thread. I am sorry if it is not appropriate.
But I ve seen in some of the posts where ppl say that we can be on vacation, self-employed etc etc...what does it mean? do they still need to produce pay stubs....My Pd is Nov 2006 it may take several yrs..do they really dig deep from there to my first entry?
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
But I ve seen in some of the posts where ppl say that we can be on vacation, self-employed etc etc...what does it mean? do they still need to produce pay stubs....My Pd is Nov 2006 it may take several yrs..do they really dig deep from there to my first entry?
Its always safe to have paystubs for atlease 180 days after your 485 receipt date. If they call you for an interview at local office during adjudication, which may happen after anywhere from weeks, months, or years, there are chances that you may be asked to produce paystubs starting from month before interview date all the way back to your first H1 entry into US.
Please do not open new threads for these question for which there are several thread opened and are being discussed thru. Why don't you ask this question on one of those post?
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md2003
04-05 08:36 AM
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
needhelp!
03-09 01:50 PM
IV needs to compile all your replies. Please send them ASAP.
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suresh.emails
09-14 10:49 AM
The following are answers to your questions. Even I got stamping in Singapore. I use to work in Singapore. I came to USA couple years ago.
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
There is NO order; who should go first.
Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.
Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.
As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).
If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).
US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.
4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.
I believe it is US Consulate in Singapore (but not Singapore Embassy)
Try to be genuine on providing information.
It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.
You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.
Answer to the questions asked; don't be over smart and start answering questions.
I wish you best of luck for your H1-B stamping.
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
There is NO order; who should go first.
Even I was married when I appeared for the interview. I did not take my wife along with me to the interview. Usually, Interview officer does not ask you about where is your spouse?. It is up to you to take spouse for dependent status visa. Visa officer always thinks that spouse will get H4 visa processed once after actual H1-B visa is stamped.
Usually, most of us will go for H1-B visa stamping first and later we send our respective spouses for stamping on dependent status.
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
The only evidence they can ask you is about your marriage certificate and your marriage photos. Even this is for when dependent goes to get H4 visa stamping . But definitely not for actual H1-B visa stamping.
As per as I know (remember), they are not suppose to ask you beyond that. I mean, there is a limit to ask on the questions. Otherwise, No deep personal questions.
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
In your cases; you will be by default be dependent to each other (as you will be mention your spouse information in DS-156 form).
If one of your H1-B is approved; then other will be automatically dependent (in case H1-B is not approved for other).
US embassy in Singapore interview is kind of cool on just like an interview in Mexico. Cool .. Answer to the question asked; All it takes to decide is 2 minutes in the interview process.
4 My h1b was denied last year because of company project document issue with same Singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
You have to mention that in your DS-156 form (for any previous visa refusals). It is up to the visa officer to ask you questions on that.
I believe it is US Consulate in Singapore (but not Singapore Embassy)
Try to be genuine on providing information.
It took about 15 minutes; from the time I entered into US Consulate , to finish the whole interview process and go come out.
You donot have to provide information about your spouse that she/he is appearing for interview on the same day unless otherwise is asked by the visa officer.
Answer to the questions asked; don't be over smart and start answering questions.
I wish you best of luck for your H1-B stamping.
more...
GCeffect
12-16 01:35 AM
I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.
1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?
2...by submitting any paperwork to them can he hamper my proessing?
3...Do i have anything to scare about?
4...what should i do now?
This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.
I need help.....please let me know what should i do....please people help me....
bluez25
07-16 04:03 PM
Hi tinku,
I got apointment in chennai consulate for August 11 and I already have a PCC from SFO Indian consulate which was issued in July last year. Unfortunatly the PCC is valid only for a year so I have to get a new one also. I emailed the Chennai Consulate and got a reply back saying that I might have to get the PCC from my local police station as well as from the passport office.
Hope this information helps.
I got apointment in chennai consulate for August 11 and I already have a PCC from SFO Indian consulate which was issued in July last year. Unfortunatly the PCC is valid only for a year so I have to get a new one also. I emailed the Chennai Consulate and got a reply back saying that I might have to get the PCC from my local police station as well as from the passport office.
Hope this information helps.
more...
jnraajan
04-17 02:12 PM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
Who gave you a red dot for the very first post here?
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
Who gave you a red dot for the very first post here?
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satyasaich
09-05 11:48 AM
For sure, things will be different after Nov Elections. However when it comes to immigration reforms or SKIL kind of bills, i think (i hate to say this) ambiguity still persists, no matter who controls the house
Well, there is a slightly increased chance in case of Dems control the houses
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
Well, there is a slightly increased chance in case of Dems control the houses
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
more...
JazzByTheBay
09-14 03:27 PM
Glad to know we're advertising on the radio station, as one member suggested.
Proof of what we can do collectively, and IV is really an organization driven by members, of the members, for the members, by the members.
GO IV GO!
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
He is the best - I am at work - but will listen to the radio.
Way to go logiclife - we are with you
Proof of what we can do collectively, and IV is really an organization driven by members, of the members, for the members, by the members.
GO IV GO!
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
He is the best - I am at work - but will listen to the radio.
Way to go logiclife - we are with you
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ChainReaction
07-18 09:56 AM
Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay the same either way. The bright side is that spouses will get their EADs.
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
I think USICS will need to open many more backlog reduction center like DOL BEC in order to process currently pending 485 application in addition to 750,000 applications PLUS people stuck at BEC with PD 2000-2003 which will be filed by post june bulletin... and not to mention annual renewal of EAD/AP... We/IV also need to push for 3yrs EAD/AP else we have to file for renewal 9or 10 months in advance :eek:
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
I think USICS will need to open many more backlog reduction center like DOL BEC in order to process currently pending 485 application in addition to 750,000 applications PLUS people stuck at BEC with PD 2000-2003 which will be filed by post june bulletin... and not to mention annual renewal of EAD/AP... We/IV also need to push for 3yrs EAD/AP else we have to file for renewal 9or 10 months in advance :eek:
more...
rabs
04-12 06:30 AM
I paper filed Last week and I wrote the receipt date of previous EAD.
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pasupuleti
03-28 01:53 PM
Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.
Yes! Yesterday's bill does not have these provisions.
Yes! Yesterday's bill does not have these provisions.
more...
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EB3_SEP04
08-27 11:23 PM
If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
It'd be helpful for readers if you please update your profile with your case details.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
It'd be helpful for readers if you please update your profile with your case details.
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joshraj
10-13 04:32 PM
Atlast something is happening :)
more...
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vxg
08-06 08:52 AM
I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.
MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02
Here is my analysis.
Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.
Guys, give a thought to this trend and see if you can guess more accurately.
Well they approved EB2 2004 cases in Jul so that means that if there is not a flood of EB2 apps with PD before 2004 the dates should stay in 2004.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.
MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02
Here is my analysis.
Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.
Guys, give a thought to this trend and see if you can guess more accurately.
Well they approved EB2 2004 cases in Jul so that means that if there is not a flood of EB2 apps with PD before 2004 the dates should stay in 2004.
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njboy
10-02 03:11 PM
if u feel company is in bad shape, then file perm through another employer..stay with this company in the meantime till ur h1 expires and file an appeal for the 140..if appeal fails..u'll have an approved labor by then with the other employer and u can jump to his company..
more...
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willgetgc2005
03-28 01:39 AM
Hello,
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
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vin13
01-16 01:07 PM
Isn't recapturing of H1-B when you are trying to determine if you have used up your 6 year limit.
In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.
I think we are talking of two different aspects.
In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.
I think we are talking of two different aspects.
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japs19
07-17 07:54 PM
I have a unique situation and I would really appreciate if someone can answer.
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
vdlrao
10-18 11:02 AM
It would be more convinience for all of us if you can provide that $50 option through online than physical check. Please consider this.
Thanks.
Thanks.
chanduv23
03-15 07:08 AM
A lot of people do different things on h1b. It is upto you to carefully report your taxes. As long as you don't get a 1099, it is at your discretion on how to report whatever money has been earned.
The reason why h1b is not supposed to earn income from other sources is because h1b workers are supposed to work only for sponsering employers. But things like apartment referals, gift checks, stock money, etc... has nothing to do with you not working for your employer.
The reason why h1b is not supposed to earn income from other sources is because h1b workers are supposed to work only for sponsering employers. But things like apartment referals, gift checks, stock money, etc... has nothing to do with you not working for your employer.
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