krishna_brc
03-25 08:12 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
Thanks.
You should be fine as long as your W2's are higher than what is specified in H1 LCA.
You GC Labor Wages are for furure job.
Thanks,
Krishna
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
Thanks.
You should be fine as long as your W2's are higher than what is specified in H1 LCA.
You GC Labor Wages are for furure job.
Thanks,
Krishna
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whattodo21
05-03 10:24 AM
Right.
But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.
Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.
Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward
catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.
But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.
Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.
Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward
catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.
GC_1000Watt
05-21 01:25 AM
Get HDFC receipt
Fill DS -160 online (no 156 or 157). You can complete 160 even before paying fees though. You will need to upload photo in DS 160.
2 days after the receipt was issued, take appointment (online).
Arrange to drop the docs (copy of passport, copy of 797, Appointment Letter, Receipt) at VFS Center 3 days before interview (this step is unique for Mumbai consulate).
Appear for interview
You may also buy a Rs250 Ticket to Start & Stripe Lounge where you can sit inside till your appointment time (instead of standing outside in queue) and they will take you to consulate by bus right before interview. It is worth , particularly in hot (or pouring) month of July.
Thanks krish for the detailed answer. Btw when Ds 156 and 157 will come into play?
Can you also share your mumbai consulate experience if you were there recently?
Thanks dude!
Fill DS -160 online (no 156 or 157). You can complete 160 even before paying fees though. You will need to upload photo in DS 160.
2 days after the receipt was issued, take appointment (online).
Arrange to drop the docs (copy of passport, copy of 797, Appointment Letter, Receipt) at VFS Center 3 days before interview (this step is unique for Mumbai consulate).
Appear for interview
You may also buy a Rs250 Ticket to Start & Stripe Lounge where you can sit inside till your appointment time (instead of standing outside in queue) and they will take you to consulate by bus right before interview. It is worth , particularly in hot (or pouring) month of July.
Thanks krish for the detailed answer. Btw when Ds 156 and 157 will come into play?
Can you also share your mumbai consulate experience if you were there recently?
Thanks dude!
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pd_recapturing
11-05 08:11 PM
This might be a serious issue. Take an infopass and dig it. Did you use AC21 by any chance?
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H1bslave
06-27 02:28 PM
You should be perfectly fine as your joining date is 11/27. The first payday could take more than 30 days in many organizations and its a common practice.
For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.
For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.
I run payroll for my company and can provide insight, PM me if you have more questions.
Take it easy & Enjoy your weekend :D
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
For USCIS: It is perfectly fine argument that your first pay day falls in 2008 because of account/payroll setup.
For IRS: Their calculation starts when employer issues a pay check (pay day) with in same month they need to receive their (cut) taxes reagardless of what was the pay period.
I run payroll for my company and can provide insight, PM me if you have more questions.
Take it easy & Enjoy your weekend :D
I started work on 11/27 and that has been reported as the official start date. We will be talking to the lawyers next week to clarify all these issues. To my knowledge, I should not get a W2 as I did not get paid in 2007. Those wages should appear on my 2008 W2.
Outside of this topic, I have a question. Will I be eligible for the economic stimulus for 2007 if I did not get my W2 ? My husband will be filing the tax return (as joint) but he will not be able to enter my W2 information.
Thanks.
yabadaba
08-14 01:07 PM
you asked if you were missing something... i said yes you are. u asked for an explanation..so be it..and i put in a disclaimer...that what you were missing was anybody's guess
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signin241
07-24 07:49 PM
Somebody told me that I can get a letter from Indian consulate certifying by Date of Birth using my passport and I can use that in place of the Birth certificate for 485 ?? IS this true, if yes, will this be accepted by USCIS ??
In the first case if I proceed as of now and when I get an RFE, what should I do ???
Thanks
In the first case if I proceed as of now and when I get an RFE, what should I do ???
Thanks
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jotv
11-04 01:37 AM
Hai ,
Sorry For The Late Reply and Thank You For All Your Responses.
I Need The Details About " Medical Transcription " Job .
Because Some One Told Me That We Will Get That Job Quickly .thats Why I Am Asking The Details . If You Know Please Respond To This Message .thank You In Advance.
Sorry For The Late Reply and Thank You For All Your Responses.
I Need The Details About " Medical Transcription " Job .
Because Some One Told Me That We Will Get That Job Quickly .thats Why I Am Asking The Details . If You Know Please Respond To This Message .thank You In Advance.
more...
saurav_4096
07-30 05:33 PM
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sanprabhu
07-17 04:32 PM
I think we should send post cards to all the senators. The message should be simple:
1. RECAPTURE of the lost EB visas for the last decade.
2. Per Country quota flexibility.
The post cards should be sent to all the 100 senators.
If people want to send flowers it should be again to soldiers at Walter Reed. I think this time it should say Thank you for your service by USCIS.
1. RECAPTURE of the lost EB visas for the last decade.
2. Per Country quota flexibility.
The post cards should be sent to all the 100 senators.
If people want to send flowers it should be again to soldiers at Walter Reed. I think this time it should say Thank you for your service by USCIS.
more...
bekugc
04-01 09:21 PM
hi irrational;
if this is of any help to u, my friend got this same "the post office returned the notice" msg few months ago. His appln was in nebraska service center. he had gone to india and to prevent mailbox overflow they had given a stop order at the postoffice. When he further enquired about this they told him that reason for mail was "one of fingerprints on record for the spouse hadnt been proper and they wanted to re-take it". after this he got another FP notice and got it done.
if this is of any help to u, my friend got this same "the post office returned the notice" msg few months ago. His appln was in nebraska service center. he had gone to india and to prevent mailbox overflow they had given a stop order at the postoffice. When he further enquired about this they told him that reason for mail was "one of fingerprints on record for the spouse hadnt been proper and they wanted to re-take it". after this he got another FP notice and got it done.
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pappu
07-26 10:55 AM
pappu, the only way the labor can be transferred to new company is if the 485 has been filed for more than 180 days.
in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.
no my point was--
is there an expiry date for labor approval if 140 is not filed?
in this case, since he is unable to file 485 due to retrogression, the labor is not transferable. what may be transferable is the priority date.
no my point was--
is there an expiry date for labor approval if 140 is not filed?
more...
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gcnotfiledyet
02-26 11:29 AM
http://hammondlawgroup.blogspot.com/
From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.
My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.
If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.
Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.
From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.
My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.
If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.
Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.
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vinay@ocean
06-10 12:30 AM
I am very thankful for such a generous response in such a short span of time.
I have everything back with me except I-94 and VISA ( which can be had in india).
I owe this forum a lot.....:) and i will have to repay it ...
I have everything back with me except I-94 and VISA ( which can be had in india).
I owe this forum a lot.....:) and i will have to repay it ...
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haifromsk@yahoo.com
10-15 02:49 PM
I-9 is a USCIS document so i would guess it goes to uscis
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surabhi
10-17 03:14 PM
apart from payroll tax is'nt the employer suppose to pay employer tax which I suppose is anywhere between 8 to 12 % depending on the state it is operating? or is payroll tax same as employer tax? what other taxes does an employer has to pay if he hires a person on W2? appreciate inputs on this.
Payroll tax is same as employer tax. There are 2 or 3 components of the taxes that employer pays such as Social security ( employer portion), unemployment tax, Medicare ( employer portion)
also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings
Payroll tax is same as employer tax. There are 2 or 3 components of the taxes that employer pays such as Social security ( employer portion), unemployment tax, Medicare ( employer portion)
also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings
more...
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tonyHK12
10-11 11:11 AM
It not the right time to start campaign. All policians will be busy in elections an they may not hear waht we say. After elections may be the right time to do.
On the contrary, Immigration is one of the top issues now, and the stand on illegals and legals will be part of the campaign, besides jobs, economy, health care.
Their main work in campaiging is talking about how they will fix issues (Bills) and what they have done so far.... blaming others, etc.
They can do the dirty work for us in communicating to the public about EB visa increase and legal immigration issues.
On the contrary, Immigration is one of the top issues now, and the stand on illegals and legals will be part of the campaign, besides jobs, economy, health care.
Their main work in campaiging is talking about how they will fix issues (Bills) and what they have done so far.... blaming others, etc.
They can do the dirty work for us in communicating to the public about EB visa increase and legal immigration issues.
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stevensjd
04-28 11:59 AM
My wife came at JFK airport on AP in AI flight BOM to NYC. she did not have any issue at all.
She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.
I was worried that they may ask couple of questions but it was very smooth.
She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.
I was worried that they may ask couple of questions but it was very smooth.
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shirish
09-02 01:54 PM
I am in the same situation. My lawyer sent the application with out medicals one day before the medical reports reached him.
He is saying, he checked with USCIS customer service, that the medicals do expire after 12 months. So i will have to go for medical exam again when i get RFE.
As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
He is saying, he checked with USCIS customer service, that the medicals do expire after 12 months. So i will have to go for medical exam again when i get RFE.
As explained earlier I proactively decided to send in the medicals with a copy of the receipt notices since I didn't want to waste processing time through RFEs and was under the impression that medicals expire in 12-18 mths. However, when I spoke to the lawyer about this she said: "The medicals do not expire any more . . . let's "keep our fingers crossed" that the medicals make it to your files; we usually wait for CIS to send us an RFE, as that way there is a bar code on the cover letter to help get the medical to the examiner who has the file."
She also said that I wouldn't get any receipt notice or anything regarding the submission. So I guess I'll have to keep my fingers crossed.
peer123
04-16 05:22 PM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
chanduv23
08-15 08:46 AM
One question on the bullet below: Does the calculation assume that all 140K visa numbers can be used towards all pending applications, irrespective of country limits. I thought the country limit is going to make the situation much worse.
If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up
If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up
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