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  • IAspire
    02-20 11:54 PM
    Hi All
    I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.

    I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.

    What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?

    Regards
    IAspire





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  • a_yaja
    12-29 11:49 AM
    so you can setup your own LLC. start hiring people?
    You can start LLC and hire people to work for that company. But if you try to apply for H1B for any of the employees, you should be prepared to:
    1. Show business case that the H1B is for permanent employment (at the minimum for the time-period you seek H1B validity)
    2. Show that you have the ability to pay the H1B worker atleast the minimum prevailing wage

    If the company is new (less than 2 yrs old), it might be difficult to show that you can pay the minimum prevailing wages, unless you have cash reserves to show that you can pay atleast 6 months salary for all employees.

    I wanted to go down the same route - asking a friend (American Citizen) to setup a LLC and hire me on a part-time H1 so that I could do contracting work - but I talked to an attorney first - and he advised me against it and pointed out (1) and (2) above.

    Bottom line - I have to wait till I can file for 485 to do any kind of part time contract work :(





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  • ita
    11-13 10:26 AM
    I spoke with A CSR at NSC and she said she could n't confirm if the address has been updated or not since it is private information and she doesn't have access to it.

    I asked her about my EAD card.
    She took my reciept# ,checked the status and asked me to give the new address and said she sent request for the card to be resent.
    Is this how they do it ?

    So do I need to talk to IIO to see of my address is updated or not?

    Thank you.





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  • akhilmahajan
    09-14 06:59 AM
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  • hpandey
    04-30 01:36 PM
    So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?

    Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.

    But always consult a lawyer before taking any step because I have heard conflicting opinions before.





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  • ca_immigrant
    04-08 05:19 PM
    The indian consulate needs a proof of address for me and my wife
    We sent them the Property tax bill and hoped that it would work but get this mail from travisa

    Proof Of Residence - Unacceptable
    The proof of address received in your application is not acceptable for submission to the Indian Consulate. You must submit a proof of residence/address that matches the present address on the PIO application exactly. Photocopy of state issued ID (Driver License or ID), or major utility bill (Water, Gas, Electric, Sewage) or a copy of a lease containing both the landlord and tenant signatures must be submitted. The following items are not accepted: cell phone bill, credit card statement or bank statement. The address cannot include a P.O. box. For minors, a parent or guardian proof of address from both parents may be submitted instead. You can fax the proof of address to Fax: (415) 644-0158. In addition, you also have the option of mailing a paper copy to the address below.

    Now why does not a property tax not work ? it is issues by the county.

    We do not have the current address on my wife's driver's license and her name is not there on the PGandE bill

    Any suggestion ? or anyone had a similar issue ?

    Thanks in advance !!



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  • newyorker123
    09-28 10:06 AM
    I had filed an FOIA for a copy of my COMPLETE ALIEN file. I found my I-140 approval as part of those documents.

    It might not be a bad idea to file FOIA again to request the entire Alien file and not just the I-485 file. That is likely to give you the results you're looking for.



    I can see Approval stamp and date on my I-140 application. I just dont see I-140 approval notice(like the I-140 receipt they sent out). If I want to use AC-21 or use porting to EB-2 is my I140 application with approval stamp is good enough ??

    Again my original question can I submit another FOIA just to get the I-140 approval notice???





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  • eb3_nepa
    05-28 10:54 AM
    Thanks Surabhi.



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  • eb3retro
    07-11 05:16 PM
    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.


    hi saint, nothing against you, i wonder what is the freakin logic USCIS uses to decide on 2 year EAD approval, here i am with pd not being current for atleast next 2-3 years (given the halt of eb3-I), 2nd ead extn, in my 8th year of h1b, i got a one year EAD extn, where as a eb2 person gets a 1 year validity...i only wish we can know whats going in the minds of these decision makers..





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  • stxvr
    07-09 04:37 AM
    During the stage of 485 in how much details they look your your current status. In what all things they look except last 3-6 pay stubs and W2s.

    I have following questions:

    1. Dose any one has experience that they have asked for the details for the H1B LCA to verify the satus during the stage of 485(like your location specified in LCA). (-not talking about LC).

    2. Another good question. If your LCA filed with the petition was for the some location of California. Now if you relocated to NY. Now you worked in NY for a year and now your W-2 will have the sate as the NY. IF you submit this W-2 at the 485 stage then they can easily figure out that your LCA was for some city of california and you are paying tax in the NY. Means in such cases they can easily find out that you are out of status. Don't they look into such details?

    Asking this because I have not read a case like where they have traced back to the LCA level. Also many are doing the consultancy job means staying to one state for 1 year and another on second year. Eventhough not heard about any RFE on LCA to verify the current status.



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  • chem2
    01-10 11:32 AM
    have you considered asking your client to hire you effective jan 20, but take unpaid leave until jan 25 or whenever they are ready to hire you?

    Hi,

    I am in a unique situation, any advise/help would be appreciated.

    My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).

    However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.

    So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?

    Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?

    Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet





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  • BECsufferer
    03-19 01:03 PM
    Hello Everyone;

    I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;

    When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.

    So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.



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  • vban2007
    06-07 02:21 PM
    Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.

    IF� THEN �
    Your petition
    receipt number
    begins with
    �WAC�
    Send supporting documentation to:
    California Service Center
    Attn: E-Filed I-765
    P.O. Box 10 765
    Laguna Niguel, CA 92607-0765
    Your petition
    receipt number
    begins with �LIN�
    Send supporting documentation to:
    Nebraska Service Center
    Attn: E-Filed I-765
    PO Box 87373
    Lincoln, NE 68501-7373
    Your petition
    receipt number
    begins with �SRC�
    Send supporting documentation to:
    Texas Service Center
    Attn: E-Filed I-765
    P.O. Box 852401
    Mesquite, TX 75185-2401
    Your petition
    receipt number
    begins with �EAC�
    Send supporting documentation to:
    Vermont Service Center
    Attn: E-Filed I-765
    75 Lower Welden Street
    St. Albans, VT 054790001





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  • misha
    01-31 02:44 PM
    While entering the USA in Aug 2007 the Immigration office gave me I-94 validity till June 2008 which is equal to my H1-B Visa Stamp validity in passport, I had my new I-797 H1-B document from new employer with valid I-94 at the bottom till Sep 2009.

    Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.

    Thanks in advance.

    Hi,
    I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
    I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/

    Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.

    There are 2 dates on your visa stamp:
    1) Visa expiration date
    2) H1B status expiration date.
    Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.



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  • pappu
    01-09 12:19 PM
    From another thread: IV wants to hear from EB1, EB2ROW and people who are current or are outside processing time members.

    Come on fellas, I need your input.


    The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.

    Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.

    Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?

    Let us know your thoughts.





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  • pappu
    04-14 07:45 AM
    We have a call today @ 7 PM EST if someone wants to send questions/be in the call.



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  • alien2006
    09-13 07:54 AM
    For completeness, I think you should open a poll for EB3 ROW as well since they have a substantial number of members.





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  • anreddy77
    07-09 11:04 PM
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  • smsthss
    11-15 01:18 PM
    In other words, Does it matter whether I-485 is filed or not filed for a 3 year h1b extension based on approved I-140.





    goel_ar
    01-10 02:08 PM
    As per lawyer, there is a way of doing this using some 'temporary' # by payroll company.
    In my wife's case, her company didn't attempt to approach payroll company. She was paid after she received the SSN.
    Side question, very much related to OP's question.

    How to run the payroll while you still waiting for SSN?

    My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

    I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

    I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

    Thanks





    pappu
    06-19 09:13 AM
    See

    http://immigrationvoice.org/wiki/index.php/US_I-485_RFE_Birth_Certificate



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