tnite
01-13 08:36 AM
Hi,
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-130 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-130 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
There is no relation between tax documents and I131 .Date of Birth might have been an issue . Maybe u'r lawyer is talking BS.
just so that you dont get confused , I130 is a Petition for Alien Relative (equivalent of I140 for family based immigration)
I131 -Advance parole
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-130 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-130 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
There is no relation between tax documents and I131 .Date of Birth might have been an issue . Maybe u'r lawyer is talking BS.
just so that you dont get confused , I130 is a Petition for Alien Relative (equivalent of I140 for family based immigration)
I131 -Advance parole
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whiteStallion
10-17 03:46 PM
Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.
Widely known as payroll tax is actually FICA tax (http://en.wikipedia.org/wiki/Federal_Insurance_Contributions_Act_tax) 6.2 % of federal and 1.5% of medicare...together coming close to 8%. I'm not aware of any state component above this 8%...
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal...
Widely known as payroll tax is actually FICA tax (http://en.wikipedia.org/wiki/Federal_Insurance_Contributions_Act_tax) 6.2 % of federal and 1.5% of medicare...together coming close to 8%. I'm not aware of any state component above this 8%...
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal...
SunnySurya
07-17 12:44 PM
Any Idea, why the processing times have not been released yet?
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tdasara
02-11 07:14 PM
I was in the same situation.
My I-94 validity was till the end of my visa which was beyond my passport expiry.
My I-94 validity was till the end of my visa which was beyond my passport expiry.
more...
arunsarun
05-23 11:00 AM
Got it approved for 3 yrs (L1A to H1B)....... still couldnt believe that i won the lottery.
sreeanne
11-21 03:36 PM
You can contact USCIS and you wont be out of status based on the fact that you dont have I-94 with you. Your information will be in their systems showing that your stay is legal. I think they will issue duplicate I-94 for you.
Above all is my guess but contact USCIS or your lawyer, thats the best way.
Above all is my guess but contact USCIS or your lawyer, thats the best way.
more...
va_12_2004
07-20 07:59 AM
And ask many Indians,Chinese etc about their namecheck experience :-)
But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.
I really hope they rely on electronic documents and don't push paper from one office to another.
I do not believe that keeping a really bad guy under ead for years is helping the national security any way. It is totally ridiculus when they talk about national security for anything. I believe that, they randomly pick some cases to create intentional delay, and tell their bosses, and who in turn tells American people that they are doing a job.
Screaming baby always get more milk, and if we scream it would be legitimate, and we have to scream being united. PLease keep this thread going and create awareness among newbies(to uscis). This is inevitable that most of us will get into this mess.
There will be 2 more backlog centers:
1) USCIS
2) FBI
Unfortunately most of us will rot in both, unless we take action. It might sound funny now, but it is inevitable.
But this won't be easy "Do you want us to compromise on national security", will be the first question asked . They will acknowledge the applicants pain and won't budge . "We know thousands like you are getting screwed for many years, but national security is foremost'.
I really hope they rely on electronic documents and don't push paper from one office to another.
I do not believe that keeping a really bad guy under ead for years is helping the national security any way. It is totally ridiculus when they talk about national security for anything. I believe that, they randomly pick some cases to create intentional delay, and tell their bosses, and who in turn tells American people that they are doing a job.
Screaming baby always get more milk, and if we scream it would be legitimate, and we have to scream being united. PLease keep this thread going and create awareness among newbies(to uscis). This is inevitable that most of us will get into this mess.
There will be 2 more backlog centers:
1) USCIS
2) FBI
Unfortunately most of us will rot in both, unless we take action. It might sound funny now, but it is inevitable.
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grupak
03-01 10:20 AM
Time to send in the monthly contributions.
I just mailed mine online.
I just mailed mine online.
more...
lvaka
07-17 06:51 PM
Thanks a lot IV Core. I am sure this is a very small contribution for the cause. Just to start with here is my $100 one time contribution.
Order Details - Jul 17, 2007 7:16 PM EDT
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Order Details - Jul 17, 2007 7:16 PM EDT
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eb3retro
06-17 01:20 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
hi vikki, if its of any help, i changed job already twice in ac21. given the eb3-India situation, I am assuming i may be changing jobs couple of times, before I get my GC..hey after all this is what we have been waiting for right??? freedom to change jobs when we want...i was so frustrated sticking to a bad employer for 7 years...
more...
HOPE_GC_SOON
07-17 12:48 PM
Its too much of waste of a time, on this thread, and misleading all the time, llooking for some interesting news, like processing times.
Guys: Can we stop this somehow, and DO Focuson other major news.
Thanks
Admin should have closed this thread by now.
Thanks.
Guys: Can we stop this somehow, and DO Focuson other major news.
Thanks
Admin should have closed this thread by now.
Thanks.
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jcrajput
09-29 07:00 PM
I have filed I485 on July 2nd. It was reached on July 2nd at NSC at 7.00 AM sign by R. Williams.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:
------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):
x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.
The following document may be provided.
Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.
---------------------------------
Here below is my I-140 detail:
Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC
-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.
It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:
1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.
I really appericiate your response and help. Thanks a lot.
Today I received my entire application back with "REJECTED" status.
On Reject notice it has mentioned as below:
------
The application you filed along with any fee you submitted is being returned to you for the following reason(s):
x Based on the information you provided, your prority date could not be established. please resubmit your application with the proper documentation to the address listed on the bottom of this notice.
The following document may be provided.
Your Original form I-130 (Petition for Alien Relative) if you are filing concurrently; or
Your Original For I-360 (Petition for Ameriasian, Widow(er) or Special Immigrant) if you are filing concurrently; or
A copy of your form I-797, (Notice of action) if the petition has already been filed/approved; or
Other evidence than an immigration visa petition has been filed/approved on your behalf.
---------------------------------
Here below is my I-140 detail:
Category : EB2
Receipt date: 12/11/2006
PD : 10/04/2006
Approved from: NSC
-----------------------------
My employer has filed I-485 application on behalf of me and they have attacehd I-140 COPY with the application.
It looks like they have overlook the I-140 copy and neglect that.
Can anybody give me some idea about following:
1. How I can re-submit my application?
2. Is there anyone can provide me template of cover letter or at least give me some idea about what to put in cover letter.
I really appericiate your response and help. Thanks a lot.
more...
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NewDocinUS
02-05 05:49 PM
Please email me your details, I may be able to get you an observership spot. I do not promise, but I will try
Can you please let me know if you received my email.
Thanks
Can you please let me know if you received my email.
Thanks
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nochoice
12-17 12:01 PM
Suman,
Several members have raised important questions to you, but you have not responded to them. Since you started this thread, I think you owe responsibility to answer these questions.
Several members have raised important questions to you, but you have not responded to them. Since you started this thread, I think you owe responsibility to answer these questions.
more...
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StarSun
05-03 02:29 PM
I and a bunch of friends want to join the state chapter for Alabama, but I could not find the details. I also searched in the State chapter page:
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Could someone provide the details?
Thank you
There is no current chapter for Alabama, so if you and your friends would like to start one, please contact me, and I will help you. Unlike what is posted in the thread, members in AL don't have to physically meet to conduct activities. Call me.
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stupendousman11
01-14 09:36 AM
Same here. We submitted 485 on Jul2 without our medicals and some other major documents like birth certificates etc. Have had not issues till now. Got our receipt notices for 485, AP & EAD. Also got our EADs pretty quickly.
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
Wondering whether one can mail in the missing docs (including medical) with the 485 receipt instead of waiting for the RFE. Any ideas?
more...
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Krilnon
03-06 10:21 PM
I voted for mlkedave... It seemed to be the most realistic version of what would actually exist.
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shanti
02-25 10:01 AM
Thank you Akred
So to put this clear... I have experience abroad matching the labor job profile of 4 years. Then I have experience in U.S. with employer A (no labor related only an H-1B) for 3 years. Then I worked one year with employer B and after that -in Feb 2005- Employer B applied for Labor. So my relevant experience that I could use to say the job is same or similar is my 4 ys abroad with similar job description plus the 3 years in US with company A so total 7 years.
When I joined company B (the labor sponsoring company) I already had 7 ys experience in other employer than B, so for same or similar I could use up to 7 ys experience requirement as long as the job description and title are almost the same (which they are)?.
I know this is an interesting question which many people probably have. I posted the question for the Conference call so that people which will be or are in the same situation could know for sure how to handle this isssue.
So to put this clear... I have experience abroad matching the labor job profile of 4 years. Then I have experience in U.S. with employer A (no labor related only an H-1B) for 3 years. Then I worked one year with employer B and after that -in Feb 2005- Employer B applied for Labor. So my relevant experience that I could use to say the job is same or similar is my 4 ys abroad with similar job description plus the 3 years in US with company A so total 7 years.
When I joined company B (the labor sponsoring company) I already had 7 ys experience in other employer than B, so for same or similar I could use up to 7 ys experience requirement as long as the job description and title are almost the same (which they are)?.
I know this is an interesting question which many people probably have. I posted the question for the Conference call so that people which will be or are in the same situation could know for sure how to handle this isssue.
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mhb
05-31 01:11 PM
doing it right now...
GCcomesoon
06-25 01:27 PM
Guys
Go to rite-aid & they are really cheap if you are looking to save some money.I went to Kinkos & the lady said it would cost around $65 for me & my wife ( 8 copies each ) , Now she herself suggested that I should save some money & try some other place like CVS, or Rite-Aid
I went to rite-aid & paid approx $15 for me & my wife ( 8 copies each )
Thanks
GCcomesoon
Go to rite-aid & they are really cheap if you are looking to save some money.I went to Kinkos & the lady said it would cost around $65 for me & my wife ( 8 copies each ) , Now she herself suggested that I should save some money & try some other place like CVS, or Rite-Aid
I went to rite-aid & paid approx $15 for me & my wife ( 8 copies each )
Thanks
GCcomesoon
help43
09-23 02:16 PM
I applied for H1-B amendemnt with premium processing.
But i am unable to see any updates with my reciept number, i mean my current status still the same as before.
do you think, do they have my h1-b amendment petition with them? or not?
But i am unable to see any updates with my reciept number, i mean my current status still the same as before.
do you think, do they have my h1-b amendment petition with them? or not?
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