Dakshini R. Sen
06-25 10:33 AM
Yes, until her I-485 application is approved she can apply for the EAD as well as the AP. Provided you have received the permanent residency card, you do not have to do anything. AC21 filing is irrelevant in your case.
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
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chanduv23
09-30 04:33 PM
I cracked up reading the post. I never really understood why they call us losers and locusts.
calredd
10-01 01:52 PM
You have to select NO if your VISA has expired more than an year back from your future/present appointment date. Your category will come under new Visa. I am in the same boat as yours and when I see availabity, there is none. Dont know what to do.
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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.
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dsneyog
11-30 10:49 PM
Thank you. I have my package ready. I am thinking about including prepaid self addressed envelope so I can track the package. How do you do it? Just go to postoffice and get one from them? I always ship out packages using paypal and I was thinking about printing a shipping label for priority envelope. Not sure if I should do that.I have filed for and recieved AP twice so far. I have done both paper and e-filing and combinations. When I lawyer files, he e-files. When I do it - I paper file. I have done different combinations. First time, with 485 - lawyer filed both for me and wife. Next year, my company suddenly decided they dont want to pay the lawyer fee for the dependent AP/EAD - so I paper-filed for my wife while mine was e-filed. Next year - my company decided to pay for both and my lawyer did e-filed mine and paper-filed my wife's application (dont know why).
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.
It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.
caydee
06-15 02:16 PM
Will continue contributing at least till guys stuck in the backlog centers get to file their I-140s.
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munnu77
04-29 08:44 PM
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CHHAYA
02-02 08:14 AM
Hi Everyone,
My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.
Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.
Thanks if you can help me out
Regards
Karthik
In 2008 we landed EWR within 5 days of expiring date of AP and no issues. My AP expiration date was 7/20/08 and we landed on 7/15/08 w/o any hassels.
My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.
Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.
Thanks if you can help me out
Regards
Karthik
In 2008 we landed EWR within 5 days of expiring date of AP and no issues. My AP expiration date was 7/20/08 and we landed on 7/15/08 w/o any hassels.
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jliechty
May 19th, 2005, 05:16 AM
Could you post a similar crop of a problem image?
First idea: put the lens to manual focus, and try that on a tripod. Perhaps the focus point got moved, and the camera is attempting to focus on black sky? This test would attempt to eliminate that.
On the other hand, with the changing size of the moon, the camera could be overexposing more than it did in your first example (if that turns out to be the case, I'll explain why, so you can avoid it in the future). :)
First idea: put the lens to manual focus, and try that on a tripod. Perhaps the focus point got moved, and the camera is attempting to focus on black sky? This test would attempt to eliminate that.
On the other hand, with the changing size of the moon, the camera could be overexposing more than it did in your first example (if that turns out to be the case, I'll explain why, so you can avoid it in the future). :)
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gckalafda
03-20 11:46 AM
RoseBall,, here is my query..Please answer
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
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gc_buddy
12-03 12:52 AM
Good news..But, let us not stop our campaign until we hear something concrete from USCIS.
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varshadas
11-08 12:25 PM
I am not sure how you are seeing 14000 EB3 visa in totals. If you look at the table that says India, there are approx 8000 visas or so around Dec 02 for India alone. In addition, I believe the country quota is 7% and not 10% but I could be mistaken on that.
Since you would get approx 3000 EB3 visa's every year, that is why the PD is not moving.
Since you would get approx 3000 EB3 visa's every year, that is why the PD is not moving.
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beautifulMind
10-05 10:32 PM
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
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ssingh92
01-03 11:33 AM
I asked a question regarding use of AP and received following response from Embassy of Belgium.
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens
Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.
I booked my ticket in JetAirWays (better than Air India).
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samcam
05-19 11:19 AM
Welcome to our newest member biju...
3870 and counting!! Come join us!
30 more to go to reach today's goal of 3900 members..
3870 and counting!! Come join us!
30 more to go to reach today's goal of 3900 members..
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jsb
02-02 10:21 AM
Pappu - Can we also ask all the users to update the amount of taxes they've paid in 2008 (now that everyone is filing for their returns)? There seems to be a negative campaign against us that somehow we don't need to pay taxes and we are a burden on local entities.
Also, if possible, can we track how many of us are willingly capable of purchasing a home as a bargain chip for GC. I believe that we are capable of stimulating this economy and it'll be for everyones good, including US Citizens.
Cheers
Praveen
"Temporary Workers" have to pay not only Federal and State taxes, but Medicare and Social Security taxes too, which for a true temporary worker is just a donation for who live or will live permanently in the US.
It is a double standard. You are a temporary worker with limited rights, but when question of paying taxes comes, IRS considers H1, L1 etc. as "US Person", which means they have to declare their world income and pay taxes to the US govenment on all of it. Moreover, if you don't contribute to SS for 40 quarters (10 years), you get nothing back when you retire. You pay for Medicare, but will get nothing unless you are a legal resident when you are eligible for medicare.
Also, if possible, can we track how many of us are willingly capable of purchasing a home as a bargain chip for GC. I believe that we are capable of stimulating this economy and it'll be for everyones good, including US Citizens.
Cheers
Praveen
"Temporary Workers" have to pay not only Federal and State taxes, but Medicare and Social Security taxes too, which for a true temporary worker is just a donation for who live or will live permanently in the US.
It is a double standard. You are a temporary worker with limited rights, but when question of paying taxes comes, IRS considers H1, L1 etc. as "US Person", which means they have to declare their world income and pay taxes to the US govenment on all of it. Moreover, if you don't contribute to SS for 40 quarters (10 years), you get nothing back when you retire. You pay for Medicare, but will get nothing unless you are a legal resident when you are eligible for medicare.
more...
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EndlessWait
01-15 07:53 AM
we've had way too many :mad:
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Mount Soche
03-31 10:06 AM
I think your only option would be to get your AP sent to you in Canada if you will not be able to get your H1 from the Embassy. The visa is what allows you to get in and out of the U.S and they cannot let you back in if you don't have the stamp.
Good luck
I came to Montreal to have my H1 stamping done and am stuck here since 3/18. They told me they want to search the company and will call me back with in 10 days but no response yet.
Pls. ensure you have all valid documents before you get here but you can not go back with expired visa.
Do you have AP? If yes bring with you. I did't have mine so I am stuck.
I had got my H1 in Toronto also in 2005 without any problem this time I am stuck.
Are you a landed immigrant of Canada? I am but till having this problem.
Can I come back to US without H1 being stamped on my passport? What other options do I have.
Any suggestions.
Ramesh
Good luck
I came to Montreal to have my H1 stamping done and am stuck here since 3/18. They told me they want to search the company and will call me back with in 10 days but no response yet.
Pls. ensure you have all valid documents before you get here but you can not go back with expired visa.
Do you have AP? If yes bring with you. I did't have mine so I am stuck.
I had got my H1 in Toronto also in 2005 without any problem this time I am stuck.
Are you a landed immigrant of Canada? I am but till having this problem.
Can I come back to US without H1 being stamped on my passport? What other options do I have.
Any suggestions.
Ramesh
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imm_check
11-06 05:06 PM
Thanks to one and all for your feedback....i shall wait for some more days before talking to USICS
Hi All,
I got an update from my companies lawyer that my daughters application was returned as the cheque was not signed...I have a couple of questions to authenticate what she told me...
1. Could some one let me know what happens when 485 or any application is sent back. Do they send a notice why they sent it back?
2. Would USICS accept those applications again?
3. What is the time period they give for a response in a situation like mine?
4. What is the ramification of a application submission at a later date than that of the main application to USICS.
Thanks...
Hi All,
I got an update from my companies lawyer that my daughters application was returned as the cheque was not signed...I have a couple of questions to authenticate what she told me...
1. Could some one let me know what happens when 485 or any application is sent back. Do they send a notice why they sent it back?
2. Would USICS accept those applications again?
3. What is the time period they give for a response in a situation like mine?
4. What is the ramification of a application submission at a later date than that of the main application to USICS.
Thanks...
dagu1234
06-08 03:02 AM
did you provide social security number? temporary license can be issued only if you do not provide social security number.
apahilaj
09-28 05:04 PM
graj012, thanks for your input. You phrased it nicely.
Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.
Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.
Good luck!
Actually, I was trying to avoid kanhaiya's comments....as we say in our country, barking does does not affect the walking elephant.
Being a professional, I think everyone realizes here how to talk and what to talk. So guys lets not try to ignite sparks against each other...we are all here in this forum for a common cause.
Good luck!
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