dilipb
01-31 03:48 PM
LUD is still showing some 11/28/2007 date
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seemashah
02-21 04:17 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
xyz2005
08-06 04:53 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Heartiest congrats
Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.
Take care and accept our heartiest congrats once again.
Best Regards,
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Heartiest congrats
Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.
Take care and accept our heartiest congrats once again.
Best Regards,
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hoolahoous
10-28 01:26 PM
This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?
since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?
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RajForGC
02-10 02:46 PM
I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
Thanks
Thanks
looivy
10-01 10:47 AM
Do they do a name check for EAD as well?
My EAD renewal (submitted electronically) has been pending for almost 80 days now. COuld this delay be due to name check or FP process?
My EAD renewal (submitted electronically) has been pending for almost 80 days now. COuld this delay be due to name check or FP process?
more...
walking_dude
08-01 11:20 PM
Dear Tennesseans,
I have started the Tennessee chapter of IV with the approval of the IV core. I request you to join me in fighting the injustice heaped on us for no fault of ours. Like all other state chapters IV TN will be a secure and trusted group of like-mided individuals. Hence I request you to provide your full name, IV Id, PHONE NUMBER and Zip Code while submitting request to join the group.
I appreciate your concern for privacy and anonymity. But we also have to keep state chapters clear of anonymous anti-immigrants opposed to our cause. Hence no exceptions will be made to the rule. I will call and verify you as soon as I can. If you feel inconvenienced, please understand that I'll have to call and verify every one who requests to join. This is something we have to bear for the common good of our organization.
Ping me through a Private Message if you feel your request has been unduly delayed. Of course, I can't approve you if you haven't given be the mandatory information essential in approving requests. I appreciate your cooperation in this process.
If you are interested in my Bios, I have previously led the Michigan (MI) chapter. My contributions to IV includes Testimony before the MI Senate when MI state refused to issue DLs to temporary residents. I am a monthly contributor to IV, and have contributed to most of the recent IV funding drives. I am a Sep 18th rally veteran and recently visited Washington DC a few months back - in person - to lobby for some of the bills that are considered 'Hot News' today.
All this is nothing compared to what IV has given back to me as an organization. I was saved thousands of dollars due to July VB reversal. EAD helped me change jobs and leave MI in this tough economic downturn and auto companies inching toward bankruptcy. I just got my 2 year EAD today , and I thank IV for saving me hundreds of Dollars by getting EAD/AP period extended to 2 years. I don't know any other organization or person who has done so much for me. I am immensely grateful to be part of this movement.
It's my pleasure to start a volunteer group in the 'Volunteer State'. Hope we won't be short of volunteers :). It makes me nostalgic about the times MI chapter started as a group of few individuals and today boasts of 60+ members. Lets get organized here too. That's the only way to make our voices heard.
This is my promise to you - I won't ask you to do anything which I haven't done myself. And I won't force you to do anything, unless you feel that waiting for others to step up will not take you anywhere, and you feel ready to do something to help yourself and your family. When you decide to do that, you'll find me by your side working with you.
IV TN Chapter Web Address - http://groups.yahoo.com/group/ivtn
REQUESTS WITHOUT PHONE NUMBER AND COMPLETE INFO WILL NOT BE APPROVED.
I have started the Tennessee chapter of IV with the approval of the IV core. I request you to join me in fighting the injustice heaped on us for no fault of ours. Like all other state chapters IV TN will be a secure and trusted group of like-mided individuals. Hence I request you to provide your full name, IV Id, PHONE NUMBER and Zip Code while submitting request to join the group.
I appreciate your concern for privacy and anonymity. But we also have to keep state chapters clear of anonymous anti-immigrants opposed to our cause. Hence no exceptions will be made to the rule. I will call and verify you as soon as I can. If you feel inconvenienced, please understand that I'll have to call and verify every one who requests to join. This is something we have to bear for the common good of our organization.
Ping me through a Private Message if you feel your request has been unduly delayed. Of course, I can't approve you if you haven't given be the mandatory information essential in approving requests. I appreciate your cooperation in this process.
If you are interested in my Bios, I have previously led the Michigan (MI) chapter. My contributions to IV includes Testimony before the MI Senate when MI state refused to issue DLs to temporary residents. I am a monthly contributor to IV, and have contributed to most of the recent IV funding drives. I am a Sep 18th rally veteran and recently visited Washington DC a few months back - in person - to lobby for some of the bills that are considered 'Hot News' today.
All this is nothing compared to what IV has given back to me as an organization. I was saved thousands of dollars due to July VB reversal. EAD helped me change jobs and leave MI in this tough economic downturn and auto companies inching toward bankruptcy. I just got my 2 year EAD today , and I thank IV for saving me hundreds of Dollars by getting EAD/AP period extended to 2 years. I don't know any other organization or person who has done so much for me. I am immensely grateful to be part of this movement.
It's my pleasure to start a volunteer group in the 'Volunteer State'. Hope we won't be short of volunteers :). It makes me nostalgic about the times MI chapter started as a group of few individuals and today boasts of 60+ members. Lets get organized here too. That's the only way to make our voices heard.
This is my promise to you - I won't ask you to do anything which I haven't done myself. And I won't force you to do anything, unless you feel that waiting for others to step up will not take you anywhere, and you feel ready to do something to help yourself and your family. When you decide to do that, you'll find me by your side working with you.
IV TN Chapter Web Address - http://groups.yahoo.com/group/ivtn
REQUESTS WITHOUT PHONE NUMBER AND COMPLETE INFO WILL NOT BE APPROVED.
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new2gc
12-17 12:13 PM
is the best way to carry cash.... If you do not want money right away, you wait until dollar appreciate...if you carry cash, it is a risk/liability...
Hi,
What's the Maximum amount of money the parents of a h1b person can carry from US to India when they are returning after a visit on B1 visa? I heard it should be a dollar less than $10,000 per person. Somebody told me its $10,000 per party. Please answer this.
So if father & mother both are traveling back from US to India can they carry $9999 each in their hands while traveling through air? It will be $19,998 total for the party in total
While coming to US I heard you don't have to declare the money/currency you are bringing as long as they don't exceed $10,000. So if they are taking most of that money back along with some extra cash (total < 10k per person) is it safe to avoid any questions/complications with US TSA/ CBP?
Have anybody got into problems or delays?
I just want to have the right information handy just in case.
Please help by sharing the right answer. Thanks in advance
Hi,
What's the Maximum amount of money the parents of a h1b person can carry from US to India when they are returning after a visit on B1 visa? I heard it should be a dollar less than $10,000 per person. Somebody told me its $10,000 per party. Please answer this.
So if father & mother both are traveling back from US to India can they carry $9999 each in their hands while traveling through air? It will be $19,998 total for the party in total
While coming to US I heard you don't have to declare the money/currency you are bringing as long as they don't exceed $10,000. So if they are taking most of that money back along with some extra cash (total < 10k per person) is it safe to avoid any questions/complications with US TSA/ CBP?
Have anybody got into problems or delays?
I just want to have the right information handy just in case.
Please help by sharing the right answer. Thanks in advance
more...
humsuplou
03-09 12:28 PM
I know that with H1-B, one is not supposed to run his/her own business. But how about with EAD?
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legaleagle
06-08 02:50 PM
Thanks Dhundhun,
I will gather whatever documents I have and then consider. My present position would not entitle me to claim Senior Management position. Also, now things are getting a bit difficult.
I will gather whatever documents I have and then consider. My present position would not entitle me to claim Senior Management position. Also, now things are getting a bit difficult.
more...
wandmaker
10-13 09:42 AM
She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.
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paskal
03-03 05:51 PM
Hello there,
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
unfortunately though i suspect that the Conrad programs define participants as "physicians" which presumably does not include dentists...how about you check with your state health department?
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
unfortunately though i suspect that the Conrad programs define participants as "physicians" which presumably does not include dentists...how about you check with your state health department?
more...
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kamakya
05-14 09:48 AM
Urbana in Frederick county. The schools there are the best and lots of Indians and property tax is pretty low compared to other places.
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trueguy
10-20 01:37 PM
They say 2months for I-129 (H1B) and mine is pending since May. These processing dates mean nothing
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surabhi
05-21 09:29 AM
(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
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jasmin45
08-06 12:18 PM
Has USCIS started premium processing of I-140 again ?
Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.
Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.
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jasmin45
08-06 12:18 PM
Has USCIS started premium processing of I-140 again ?
Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.
Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.
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prem_goel
08-18 04:22 PM
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
I think you probably can get the H-1B stamped as well and have your wife enter as H-1B.
I think you probably can get the H-1B stamped as well and have your wife enter as H-1B.
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sbmallik
05-28 03:54 PM
Looks like I misunderstood your situation, you will be paid from Canada but working from a remote location ... somewhere in US. This will be tricky as H-1 visa requires an US employment whereas H-4 does not permit working at all. Perhaps a lawyer can explain.
GCwaitforever
11-16 02:46 PM
This is my personal opinion. F-1 is strictly non-immigrant VISA. Hence your wife will be out of status once I-485 is filed. So she must convert to dual intent VISA H4 till she gets EAD. Check with an attorney or USCIS if your wife's status is governed by the special protection accorded by US attorney general while she is waiting for EAD. Then it would not be an issue.
bp333
07-17 08:06 PM
Great job folks. Justice Prevails!
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