sunty
07-11 05:18 PM
[QUOTE=PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now[/QUOTE]
Maybe I am missing something here...Why do people think its a USCIS conspiracy to move PD forward...If someone's PD is current and he/she gets a 1 year EAD again, they will pay the $360 fee if they filed their I-485 before July 30, 2007, but they don't have to pay the fee again even if they get just a 1 year EAD...only they might have to do is to file the EAD application again next year WITHOUT the fee...
Maybe I am missing something here...Why do people think its a USCIS conspiracy to move PD forward...If someone's PD is current and he/she gets a 1 year EAD again, they will pay the $360 fee if they filed their I-485 before July 30, 2007, but they don't have to pay the fee again even if they get just a 1 year EAD...only they might have to do is to file the EAD application again next year WITHOUT the fee...
zimmyneuro
06-15 11:14 AM
Dear Friends,
Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
I have some questions
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
3. Any guidelines in order to correct the information in my original certificate.
4. Any other vital information in this regard
Thanks you all.
Zimmyneuro
Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
I have some questions
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
3. Any guidelines in order to correct the information in my original certificate.
4. Any other vital information in this regard
Thanks you all.
Zimmyneuro
talduk
March 24th, 2005, 02:29 AM
I forgot to mention that I purchased only the body and put on an old F-801 35-70 nikon lense.
surya.kant
06-19 01:16 PM
Hi,
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
I received an RFE on my H1-B application this year with the following questions. My H1-B sponsorer is currently discussing with the attorneys to better handle this situation. I would appreciate if someone can respond me how to handle this scenario properly.
Following are the context from the RFE document.
---------------------------------------------------------
U.S. Citizenship and Immigration Services (USCIS) is in receipt of your Petition for a Nonimmigrant Worker (Form I-129). Additional evidence is required in order to process your application:
Y ur company provides IT Consulting services. The record does not establish where, when, or for whom the beneficiary will work. USCIS regulations at 8 CFR part 214.2(h)(2)(i)(B) provide that an H petition which requires services to be performed in more than one location must include an itinerary with the dates and locations of the services to be provided.
Submit an itinerary of the work sites the beneficiary is assigned to, to include specific dates, locations, and the name of each work site where the beneficiary�s services will be delivered.
Submit a letter from each work site that identifies the name of the project and beneficiary is assigned to, the name of the vendor through whom the beneficiary�s services are provided, and whether the work site has the ability to assign the beneficiary to a different employer. Each letter must provide the address and telephone number where a contact can be reached.
For each of the beneficiary�s work assignments, identify the succession of consulting or staffing businesses involved in the assignment of the beneficiary to each ultimate work location. Include the related succession of contracts and work orders. The contracts and work orders must provide the address and telephone number where a contact can be reached. All contracts must be signed.
For each of the beneficiary�s work assignments, submit a letter from the business with ultimate control and authority over the beneficiary�s work. The letter must address the title and duties of the beneficiary�s position, the minimum education requirement for the contracted position, and the name and title of the person who primarily supervises or will supervise the beneficiary at the work site. This information is necessary to determine whether the actual duties to be performed under contract for an end client are duties associated with the specialty occupation sought.
If the beneficiary will work on an in-house project, submit evidence describing the in-house project, the length of time the beneficiary is expected to work on the project, team members assigned to the project, their titles and duties, and invoices showing the sale of the product to your customers. Explain the qualification necessary for the project and how the beneficiary is qualified for the project. Provide copies of client contracts with details that specify the in-house project name, location, definite starting and ending dates. All contracts should be current and include signatures and contact information from representatives of both companies.
This kind of H1 RFE is common this year. Employer needs to send the end-client letter for RFE.
Surya
more...
sabudanawada
03-07 12:32 PM
bump
chalamurariusa
04-28 02:52 PM
Thanks . I will surely update when we hear from USCIS
more...
siddar
01-05 04:40 PM
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.
my 2 cents.
my 2 cents.
a_yaja
02-26 11:40 AM
I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
Nozerd,
There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.
Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.
1) Assume I have $ 100,000 in a 401K plan.
2) I terminate and roll over the funds to an IRA.
3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.
4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.
5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)
So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?
Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.
Thanks
Nozerd,
There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.
Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.
more...
Aah_GC
06-14 12:29 AM
Hi Guys,
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
Edit:
Prepared the following documents today along with a cover letter -
Copy of the Confirmation Receipt notice
Copy of Current EAD (Front & Back)
Copy of I-485 receipt
Copies of I485 Case Transfer notices if any
Copy of Cut out mailer of previous EAD Approval.
Copy of I-94
Copy of Passport (which has Bio-graphic data)
Copy of Drivers License
Important: YOU DONT HAVE TO SEND PICTURES
I intend to send mine and my spouse's documents seperately.
Update: Got my receipt (and my spouse's) from TSC today. (Exactly after a week).
For those who applied for EAD using eFile, please post information on supporting documents you sent.
Any other info on post-eFile of EAD is welcome.
Thanks.
Edit:
Prepared the following documents today along with a cover letter -
Copy of the Confirmation Receipt notice
Copy of Current EAD (Front & Back)
Copy of I-485 receipt
Copies of I485 Case Transfer notices if any
Copy of Cut out mailer of previous EAD Approval.
Copy of I-94
Copy of Passport (which has Bio-graphic data)
Copy of Drivers License
Important: YOU DONT HAVE TO SEND PICTURES
I intend to send mine and my spouse's documents seperately.
Update: Got my receipt (and my spouse's) from TSC today. (Exactly after a week).
Sreenuuk
08-07 09:30 AM
Admins Please delete the thread.
more...
Ram_C
11-14 01:43 PM
Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
you are still on H1-B, EAD approval doesn't invlidate your H1-B status
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
you need not go to India to get your H1 extension stamping you can as well consider Canada, Mexico, Bahamas etc. you just need to cross the borders
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
There is no time line, however the sooner the better for many known reasons like Job, taxes, credit history to name a few
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
again you can send your original Passport along with application and required documents to nearest Indian Embassy (make sure to check the nearest Indian Embassy facilitates Passport renewals before you send in your docs) also you can attend in person which most folks prefer
Thank you very much in advance.
Anci.
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
you are still on H1-B, EAD approval doesn't invlidate your H1-B status
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
you need not go to India to get your H1 extension stamping you can as well consider Canada, Mexico, Bahamas etc. you just need to cross the borders
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
There is no time line, however the sooner the better for many known reasons like Job, taxes, credit history to name a few
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
again you can send your original Passport along with application and required documents to nearest Indian Embassy (make sure to check the nearest Indian Embassy facilitates Passport renewals before you send in your docs) also you can attend in person which most folks prefer
Thank you very much in advance.
Anci.
little_willy
05-02 01:51 PM
YES. You can. I know atleast 2 of my colleagues doing this. They got 3-year extension with new employer even when more than 6 months are left in the initial 6 years of H1. This won't be an issue.
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
more...
willIWill
02-23 05:25 PM
I don't want to use EAD/AP, as I want to have a backup.
Gps, look at the below link, it should be informative and useful in your case.
EAD or H1:
Unless until you have any dependants still to be included in your GC, go for EAD get done with the H1 headache.
H-1B vs. EAD/AP � some thoughts - Blogs - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/blogs/ron-gotcher/10-h-1b-vs-ead-ap-some-thoughts.html)
Gps, look at the below link, it should be informative and useful in your case.
EAD or H1:
Unless until you have any dependants still to be included in your GC, go for EAD get done with the H1 headache.
H-1B vs. EAD/AP � some thoughts - Blogs - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/blogs/ron-gotcher/10-h-1b-vs-ead-ap-some-thoughts.html)
Madan Ahluwalia
02-23 02:39 PM
Your wife can not extend her H1b.
If both of you have EAD/AP, you should use that to continue working.
Otherwise, you can extend your H1b and continue working. She can not.
If your new H1b is already approved (don't understand why you are not using your EAD and keeping H1b open), and you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.
If both of you have EAD/AP, you should use that to continue working.
Otherwise, you can extend your H1b and continue working. She can not.
If your new H1b is already approved (don't understand why you are not using your EAD and keeping H1b open), and you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.
more...
abhisam
01-08 12:03 PM
Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
jerez_z
11-03 11:39 AM
drop me an email (I'm 17) --> jeremy.moseley[AT]gmail.com MSN -> jim_at_hotmail_dot_com[AT]hotmail.com
more...
gcdreamer05
11-19 12:55 PM
The vermont service center says 2 months for h1b extensions, mine has been pending for 75 days, so i called the uscis today and guess what they told me, the processing times have been updated on teh web site but it is very difficult for us to follow them, i would suggest you wait for 90 days and see if there is any change in your online status if not call me back.
Then why do these people keep updating monthly processing dates if they cannot stick to their words.
I believe the processing times are just a gimmick to show progress to press....:mad:
Then why do these people keep updating monthly processing dates if they cannot stick to their words.
I believe the processing times are just a gimmick to show progress to press....:mad:
kevinkris
09-22 01:01 PM
it will not effect your GC..
what do you base this on
what do you base this on
juhis
06-14 06:45 PM
I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)
Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)
Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)
Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
This is what I call a true productive forum. Thanks factoryman for providing this list.
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)
Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)
Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)
Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
This is what I call a true productive forum. Thanks factoryman for providing this list.
BraveMadMan
07-18 10:29 AM
:)
goldbuckle
March 14th, 2006, 10:32 PM
Here are examples. Others file sizes to large to upload.
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