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sledge_hammer04-15 07:46 AMSee my answer in blue ...

All,

I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.

Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
No
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Depends largely on the attorneys. Anywhere from $2,000 to $7,000
Experts please guide me if this plan would work and if yes how much would it cost me ...

Thanks in advance ..
Lalit



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kaizersoze07-17 06:24 PMI pledge to contribute $200 once I get the receipt notice

C'mon dude...dates are current. You can file. isn't that enough for you to be happy about. Why do you want to wait till you get receipt notice ?

You are thankful to IV now. Contribute to IV now.
When u get ur receipt, u r thankful to USCIS for managing to open you packet and enter your information into the system :D



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dharmesh.pariawala01-08 02:50 PMThis gives me hope that atleast this bill will be picked by by March.



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tonyHK1210-11 12:58 PMminor correction, the bill number is S.1085. The thread heading says S.0185, which is actually rhode island medical marij***na :)..... well, its supposed to be a good pain killer.

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sac-r-ten02-26 10:20 AMSorry to hear that.

Plan B can be joining school again on F1 to do Masters.
Just my 2 cents.



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nk200604-13 12:46 PMI have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,

As someone already mentioned you can go for rollover IRA - most of major investment companies offer this (infact will be eager to get any business).

Its a bad thing that your previous company is asking to move funds - but in a way its a blessing in disguise. In many companies (and their 401k custodians like Fidelity) - they allow to continue your funds in the 401k even after you leave the company - but as a non-employee you would incur more expenses and/or closed for some investing options. So continuing in the older 401k is not a great option in most cases (unless your previous 401k had very good funds which are now closed for new investors). Rollover IRA's are also good for another reason - you have more investment opportunities. In most of 401k's the number of available mutual funds are limited - but in rollover IRA it becomes much more flexible (I have a Fidelity rollover IRA account and has many funds and also an option to trade stocks). When I moved from one of my former employers (a top software company) I was too lazy to do anything and left it there for next five/six years; later as I gained more financial knowledge I digged into the funds and fees and came to know how much more I was charged as a non-employee - then moved to my current rollover IRA.

If you are more adventurous, there are other options as well. You can rollover into a self-directed IRA that allows to invest you in small private companies. There are a few custodians who allows this. Lets say someone has 10K in former 401k account - rolling over into a IRA with traditional fin. companies like Fidelity will give you access to many mutual funds and stock; with a small set of specialized custodians you can invest this 10K in a startup or even in real-estate. The custodian helps in the documentation so that you and the new company are very clear about everything. The key is you cannot be the owner of the company or real estate that you are investing but you can invest in a friends company or real-estate. I went to this route for one of my account and invested in a friends company who own commercial real-estate - with a 8% annual return rate for last year I can say its my best performing investment account. Obviously this is not for everyone and need lot of leg work and an ideal opportunity to go for this - but thought of giving out my experience anyway.

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fionaapple2011-27 03:56 PMMy questions that I posted in a similar thread:

- Can one be unemployed and just wait out the 180 days before invoking AC21? Can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?

- Can one transfer to another employer on H1 (but let USCIS know after 180 days have elapsed)? Can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?



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smads03-05 06:18 PMPlease help me out with my question.

My H1B Visa and I-94 thant came along with the paperwork is valid from 03/2006 thru 03/2009. this would be my 1st 3 years.

I reentered the country in 12/06 and my passport then was expiring by 05/07. So the immigration officer stamped the I-94 that i recieved in the flight, filled out the back of the card with my EAC # and Employer name and then wrote on the stamp

"H-1B
May-22-2007
(validity of ppt)"

i just saw this today 03/05/08....somebody please tell me they know what to do in this case....
1)should i leave the country and surrender it and pretend like nothing happened? would it be very risky?
2) should i inform my employer....i know they will freakout and ask me to stop working till this is sorted out
3) do i need to file for an extention?
4)do i need some sort of petition?

much appreciated
thanks,
smads

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sixburgh06-28 03:44 PMI am one of the July 2007 485 filer.
Me and wife have EAD's which we are using right now on I-9's to work.

I have an expired H1 stamp on passport.
Wife too has expired H4 stamp on passport.
I have a valid h1b approval notice until 5/31/2013
Wife too has a valid h4 approval notice until 5/31/2013

I have an AP which is valid for 1 year from today.

I want to visit India for a marriage.

Questions I have:
- While exiting USA, do they take my I-94 ?
- While coming back, if I show my AP, does my H1 status cancels out?
- Given the sad situation of our GC's. but the fact that I have H1 approval, should I simply goto consulate in mumbai, and re-enter on h1? Someone said on this forum that one can have only 1 status, h1 or parole. So if I enter on h1, will that invalidate my Adjustment of status?
- Entering back on h1 stamp, will give me 3 years of least headache, cos I wont have to renew AP every year.
- Entering back on h1, will keep my wife's H4 valid too.

So question is should I enter back on H1 or AP?



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uma00104-22 03:38 PMThanks a lot for the response.

My extension got approved for 3 years without any RFE in 3 business days.
Here are the details...

Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years(2010 to 2013)
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approved Date: 04/15/2010

Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.

Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.

Regards.


Congrats hpk. Looks like USCIS started giving approvals for 3 years instead of 1 year

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new2gc06-24 04:05 PMto take appointment that close to the arrival date. What if your flight cancelled or delayed?
I know it will eat up at least 3 days of our vacation if we have to travel from hometown to these cities, but I feel we have to factor in while planing our vacation.


What is the best way to send the documents to the emabassy? I asked because I live in Ahmedabad and I am planning to go for stamping the very next day I arrive in India.
Thanks for your help.
jignesh



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makemygc08-03 10:58 PMHere is the link.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD

Thanks. I still don't see it. It's definitely my cache issue. I even tried firefox but still see the last update of 08/02/2007.

August, 2007


USCIS Urges H-2B Employers to Continue to Identify "Returning Workers" on Petitions for Fiscal Year (FY) 2008 Start Dates (46KB PDF)
08/02/2007

Fact Sheet: Naturalization Through Military Service (44KB PDF)
08/01/2007


Never mind...it must be something wierd in my machine.

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nihar11-30 05:05 PMDhundun you have hit the nail on the head . Now i will be more clear

I came to USA with F1 as of last year and this year before completing i got approved for my H1 visa as stated by my consulatant and for which i had to be on status hence i continued my MBA and now this is my final semester and i will be done and my visa on F1 is valid till march 2008 . When i spoke to my consultant she told me tat its approved ie , my H1 but it will take another month for me to resolve it . So even if i get a job i have to still work without pay . Now i guess im dependent on her tat she should market me and get me a job . My bad luk that im stuck with getting H1 approved and no job though im through a consultant . Next thing is that i also completed my MBA and now if i was on F1 i could have got my OPT , but i guess now since my H1 is approved i have to wait to be marketed and also the query to be solved . So what will you guys suggest me ???



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bindas7405-15 08:38 AMHi Gurus,

I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:

"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."

How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.

Also, during the AP filing, I got this:

"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "

What an I supposed write in the document that I am going to send to USCIS?

Please advise.

Thanks in advance,

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chil308-24 12:40 PMyes my date is eb3 jan 2007...I think this is part of the whole pre approval thing

I work for University since 2002 with very straightforward case hence suprised

ok..here is part 2.

Employer was able to speak to USICIS officer. He asked

whethere

1) I was contractor
2) from when I was employed
3) Work timings
4) exact office Location

my supervisor asked why all these questions about location and timing they said they will do a site visit

I feel if my app can trigger this than any other app could...

The USICs is just getting crazy with all the bueracacy crap

USCIS is not getting crazy ....It's preplanned well defined strategy to kick out immigrants ...first they choked the system so that everyone is stuck and now picking more & more people in the name of verification



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seaken7507-17 10:14 PMDo you know how long it will take to get GC from date of receipt of 485?

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jkays9403-31 03:01 PMhttp://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html

S. Mitra Kalita: From a former H-1B holder... You know what strikes me? The minute an H-1B holder gets his or her green card, they seem to forget (and likely want to forget) those days where they agonized and strategized over how to stay in the country, where in the labor cert process the application was, etc. I wonder if the H-1Bs have any lobbying groups out there for them. If so, can you please e-mail me with your contact info. Years ago, I used to quote a group called the Immigrants Support Network but I have tried to reach out and not heard about it in a long time. Any H-1B support groups out there?

This was in the H1-B discussion, could someone from the core group please do the needful. I thought this article written last year was very insightful into the plight of EB based immigrants and with this reporter reaching out, it could be a good opportunity to get the story out http://www.washingtonpost.com/wp-dyn/content/article/2005/07/22/AR2005072202060.html

Some info : If you are trying to reach a Washington Post reporter or staff member, please call 800.627.1150 or 202.334.6000.



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Ramba05-04 05:37 PMIf you are confident that the denial is purly the mistake of USCIS, then contact the Omdusman about this and explain to him that, it is a pure mistake of USCIS and the fee to MTR is not justifyable. Perhaps, Omdusman office will help you.

(I assume that you have submitted all the required documents as per RFE, and those documents meets the eligiblity for your approval)



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nk200604-13 12:46 PMI have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
If thinking of moving it to IRA account, please let me know what is the procedure involved?
I will really appreciate if some can suggest me what are my other options.
Thanks,

As someone already mentioned you can go for rollover IRA - most of major investment companies offer this (infact will be eager to get any business).

Its a bad thing that your previous company is asking to move funds - but in a way its a blessing in disguise. In many companies (and their 401k custodians like Fidelity) - they allow to continue your funds in the 401k even after you leave the company - but as a non-employee you would incur more expenses and/or closed for some investing options. So continuing in the older 401k is not a great option in most cases (unless your previous 401k had very good funds which are now closed for new investors). Rollover IRA's are also good for another reason - you have more investment opportunities. In most of 401k's the number of available mutual funds are limited - but in rollover IRA it becomes much more flexible (I have a Fidelity rollover IRA account and has many funds and also an option to trade stocks). When I moved from one of my former employers (a top software company) I was too lazy to do anything and left it there for next five/six years; later as I gained more financial knowledge I digged into the funds and fees and came to know how much more I was charged as a non-employee - then moved to my current rollover IRA.

If you are more adventurous, there are other options as well. You can rollover into a self-directed IRA that allows to invest you in small private companies. There are a few custodians who allows this. Lets say someone has 10K in former 401k account - rolling over into a IRA with traditional fin. companies like Fidelity will give you access to many mutual funds and stock; with a small set of specialized custodians you can invest this 10K in a startup or even in real-estate. The custodian helps in the documentation so that you and the new company are very clear about everything. The key is you cannot be the owner of the company or real estate that you are investing but you can invest in a friends company or real-estate. I went to this route for one of my account and invested in a friends company who own commercial real-estate - with a 8% annual return rate for last year I can say its my best performing investment account. Obviously this is not for everyone and need lot of leg work and an ideal opportunity to go for this - but thought of giving out my experience anyway.



loveiv05-25 10:23 PMMost of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.

Source: www.immigration-law.com

Three years clock ticks from the day filed, one year is down, two to go.



gc_eb2_waiter07-26 11:18 AMAny thoughts?