deafTunes123
09-10 09:43 AM
There is one more option. Calculate all the time you are out of US over the past 5 years and sum them up.
Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.
The other option is take 3 or 4 months off (out of country) and recapture if necessary.
Good Luck.
Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.
The other option is take 3 or 4 months off (out of country) and recapture if necessary.
Good Luck.
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DSLStart
10-08 04:57 PM
Best part of Indian EPF scheme you can withdraw 100% if you quit job or if you are in transition. So no retirement age restriction if somone wants money ;)
In US the nice thing about SSA is unemployment and disability security.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
In US the nice thing about SSA is unemployment and disability security.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
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yabadaba
07-09 01:15 PM
http://www.freerepublic.com/focus/f-news/1861255/posts
look at this for more comments against us
look at this for more comments against us
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desi_scorpion
08-22 10:21 AM
for h1b status...they only tell the status to the petitioner which is your employer/lawyer .....You are the beneficiary....they will not tell u the status on phone or e-mail...but no harm in trying. . if u have a receipt number then u can check online and setup an automatic notification. Hopefully u will be ok...
more...
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maddipati1
07-30 02:02 PM
USCIS updated today (07/30/07), the form 765 and instructions corresponding to 765
go to http://www.uscis.gov, click on 'Immigration Forms' tab, search for '765' and open the EAD link, go to the bottom of this page. now they seperated instructions and form into two separate links.
http://www.uscis.gov/files/form/I-765instr.pdf ( for instructions )
http://www.uscis.gov/files/form/I-765.pdf ( the actual form )
I think they added details about 'where to file'.
The information AditiK was refering on 9th page is now on 12th page.
gcpradeep's interpretation is wrong. danila's interpretation is absolutely right.
Its 30 days for asylum applicants and 90 for all other eligible applicats.
It looks very clear that 485 filers CAN get interimEAD after 90days.
Interim EAD.
If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication
or
within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995,
you may obtain interim work authorizationby appearing in person at your local USCIS district office.You must bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization.
go to http://www.uscis.gov, click on 'Immigration Forms' tab, search for '765' and open the EAD link, go to the bottom of this page. now they seperated instructions and form into two separate links.
http://www.uscis.gov/files/form/I-765instr.pdf ( for instructions )
http://www.uscis.gov/files/form/I-765.pdf ( the actual form )
I think they added details about 'where to file'.
The information AditiK was refering on 9th page is now on 12th page.
gcpradeep's interpretation is wrong. danila's interpretation is absolutely right.
Its 30 days for asylum applicants and 90 for all other eligible applicats.
It looks very clear that 485 filers CAN get interimEAD after 90days.
Interim EAD.
If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication
or
within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995,
you may obtain interim work authorizationby appearing in person at your local USCIS district office.You must bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization.
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tnite
09-12 01:26 PM
I called the USCIS customer service and was given the receipt numbers for 485,EAD and AP.The application was put in the system on Sep 8th, Saturday. Checks havent been cashed yet.
Check my signature for the details. USCIS seems to be working overtime.
Check my signature for the details. USCIS seems to be working overtime.
more...
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Dhundhun
06-08 01:34 AM
My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.
I have
BSc in physics - 3 yr India degree
PG diploma in Instrumentation - 1 Yr India PG diploma
PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
PG dip in buiness admin - 1 Yr India PG dip (E learning)
MBA - 3 Yr India PG degree (E learning)
6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.
Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts
If 5 yr exp. is there, then the required exp. should match. Can you match requirement list and show matching previous exp.? If so it should be EB2 - if not then I-140 will not be approved.
This is the place lawyers provide better advise - how to match (req. vs exp.), so that they can defend case in case of RFE.
As such the job req. seems to be EB2. It has no relationship with individual. Individual have to match it.
I have
BSc in physics - 3 yr India degree
PG diploma in Instrumentation - 1 Yr India PG diploma
PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
PG dip in buiness admin - 1 Yr India PG dip (E learning)
MBA - 3 Yr India PG degree (E learning)
6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.
Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts
If 5 yr exp. is there, then the required exp. should match. Can you match requirement list and show matching previous exp.? If so it should be EB2 - if not then I-140 will not be approved.
This is the place lawyers provide better advise - how to match (req. vs exp.), so that they can defend case in case of RFE.
As such the job req. seems to be EB2. It has no relationship with individual. Individual have to match it.
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shana04
05-16 01:38 PM
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
Any suggestions to get copy I 94? please share your exp.
Thanks in advance
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
Any suggestions to get copy I 94? please share your exp.
Thanks in advance
more...
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LONGGCQUE
07-27 10:53 AM
jaggu bhai .. I like your handle, reminds me of a senior from college days. Anyway, here are some of my inputs as my wife is also pursuing a masters program in MIS.
1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.
2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.
These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.
Good luck
1) Part time - full time may or may not be a lot different depending upon university you pick up. One of my co-workers is pursuing an online masters program and his cost is almost same as a part/full time from a known university.
You may also qualify for resident tuition depending on state/univ. laws where you reside. Check on that, it may reduce your cost a lot.
2) Starting on H4 or F1 is on your choice or affordability. You may need to show 1yr of funds before a college issues an I-120 form for status change to F1 whereas on H4 you may just proceed at your own pace and no funds need to be proven. CPT/OPT or college internships cannot be taken up on H4 and so you may need to switch to F1 sometime based on your plans of using OPT.
These are my thoughts based on what you mentioned. Other opinion also matters .. may be some more members can comment based on known scenarios.
Good luck
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Rsamuga
07-24 04:31 PM
Hi -
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
more...
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SSSarkar
06-24 06:33 PM
I am also applying 485 and my lawyer told me that the passport should be valid for atleast one year.
Hello All,
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
Hello All,
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
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imind
03-12 03:54 PM
JUST REQUEST ONLY:
People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.
Thanks for understanding.
People who are trying to help with info., please provide your practical experience with confident solutions. Otherwise don't scare or hurt the people unnecessarily . Please let us know your source of information before provide any solutions.
Let us make our forum helps people... not scare the people unneccessarily by mensioning incorrect source of info. leads to spoil some lifes.
Thanks for understanding.
more...
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HRPRO
02-22 02:10 PM
snathan - How different is different enough for USCIS/DOL to be okay with it? Would the num of years of experience be helpful if it was different.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.
I guess I am trying to figure out if I should let go of this position and wait for another one to come around if it's the current one is not worth pursuing due to potential issues during I140 stage.
Thanks
One more thing to take ino consideration is during the audit, along with your HR department DoL will review similar jobs within your organisation and check the requirements for those jobs. They will have to be similar, else you will have an issue.
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bluekayal
09-14 01:17 PM
jlt007us, all the best.
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gauravsh
03-28 12:26 PM
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
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HopeSprings
09-01 06:19 PM
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
Call USCIS to find out about your case. My friend's I-485 (Primary) showed an updated status but his wife's status was unchanged. When he called USCIS he was told that 485 was approved for both..just that his wife's status was not updated.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
Call USCIS to find out about your case. My friend's I-485 (Primary) showed an updated status but his wife's status was unchanged. When he called USCIS he was told that 485 was approved for both..just that his wife's status was not updated.
more...
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MatsP
August 14th, 2006, 11:48 AM
I absolutely HATE it when people put nose-prints on my photos ;-) But yes, that's indeed true - and the opposite: If you don't have good light, even the most expensive lenses wouldn't make any difference - but no-one bothered to tell Steve Mitchell that ;-)
--
Mats
--
Mats
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raj3078
08-07 10:18 AM
sometimes, labor subs can be genuine cases as well....
While I agree that yours is a genuine case, I must say that you are asking a wrong question. How do one know when would your recipt come out from USCIS? No one has a crystal ball dude...Think before you send out a question there.....
While I agree that yours is a genuine case, I must say that you are asking a wrong question. How do one know when would your recipt come out from USCIS? No one has a crystal ball dude...Think before you send out a question there.....
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pooja_34
01-15 07:07 AM
I e-filed my AP application on Dec 29 at TSC and got the approval email yesterday ... Got approved in 2 weeks.
paskal
02-12 05:55 PM
I guess most of us dont want to take the pain of "mailing the letters"
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
snail mailed, signed letters are far more effective. straight from the horse's mouth, so please believe it.
it's 5 min and a few cents...tell me you can't do that (pain) again...?
How abt someone obtains online authorization to mail letters on members behalf.
I mean members authorize mailing a letter on their behalf by IV.
!?
Question is asked when they sign in... or login to the website!
snail mailed, signed letters are far more effective. straight from the horse's mouth, so please believe it.
it's 5 min and a few cents...tell me you can't do that (pain) again...?
morchu
08-02 12:58 AM
I think it matters and you probably might get an RFE if you dont provide evidence that you are qualified for the advertised job.
You can try to get an affidavit from some of your older colleagues.
It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....
Does it matter..Do you think it really matters..
let me know..otherwise I really have to worry about RFE
DB
You can try to get an affidavit from some of your older colleagues.
It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....
Does it matter..Do you think it really matters..
let me know..otherwise I really have to worry about RFE
DB
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