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ajju

03-21 07:22 PM

Hi All

I got a RFE on my Substitute 140 ( PD is 2005) where they are asking for 2007 tax returns which are not filed yet, applied for extension. 2005 and 2006 tax returns are good.
Can someone suggest me what to do in this situation.
Any suggestions or any format leters...etc
Please suggest

Thanks

Looks like "Ability to Pay"... So they need company's tax returns... 140 is company's document not yours... But you mentioned your 2007 tax returns being extended.. Are you the company??

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Humhongekamyab

01-15 11:48 AM

I am using my EAD and working for the company which filed by PERM/I-140/I-485. Currently I am being paid a lot more than the prevailing wage on the PERM so my company has suggested me that they will give the amount listed on the PERM as a salary and the remaining as a check to the company that I own. I have a business in my name but all I did was register the company name; never actively ran the business.

Please share your concerns/opinions about the possibility of above scenario. Do you think taking the salary and B2B expense would cause a problem with the green card process?

Thanks!

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Blog Feeds

02-10 08:50 AM

VIA USCIS.GOV

In November 2010, USCIS transferred approximately 36,000 Immediate
Relative petitions from�our California Service Center to our Texas
Service Center. We anticipated that this redistribution�of work would
result in more timely adjudication of these petitions. Due to a number
of�unforeseen circumstances at our Texas Service Center, many of these
cases have not been�processed and are beyond our estimated processing
times. We sincerely regret any inconvenience�this may have caused you
and we are making every effort to remedy this situation as soon as
possible.

On Feb. 7, 2011, we implemented a rapid response plan to expedite the
adjudication of these�petitions. We have transferred a large number of
these Immediate Relative petitions back to our�California Service
Center to take advantage of resources currently available to
immediately�process these cases. Petitioners will see an action such
as an approval, denial or a Request for�Evidence (RFE) on their case
from our California or Texas Service Centers by the end of�February.
Additionally, we have briefed the Department of State’s National Visa
Center about�these cases.

We encourage you to monitor the progress of your case by accessing My
Case Status online. If�you do not see any action on your case, such as
an approval, denial or an RFE, by March 1, 2011�you may contact USCIS
at: I-130Inquiries.Tsc@dhs.gov

We remain committed to the prompt resolution of all pending cases and
will provide updates on�our progress in the coming weeks.


More... (http://ashwinsharma.com/2011/02/09/uscis-alert-about-its-intention-to-expedite-adjudication-of-delayed-forms-i130-that-were-transferred-from-csc-to-tsc-in-november-2010-the-alert-advises-that-petitioners-will-see-an.aspx?ref=rss)

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Weighing one up: Rory McIlroy

nhfirefighter13

June 8th, 2005, 04:16 AM

Good job!

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Photos: Rory McIlroy#39;s U.S.

pmat

06-06 09:51 AM

There is a change of status form available on USCIS website. It is called I-539:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCR D

Go through the instructions of this form. I followed the instructions in this form and sent every document they asked for. My wife also changed her status from F1 to H4. After you send everything, you will get a receipt in 2-3 weeks and approval notice will take ~3 months.


All the best.

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Rory McIlroy (Getty Images)

qwerty2046

03-26 04:27 PM

I used my 485 EAD, which I received when I filed my 485 with my spouse. And now I want my employer to apply H-1B for me. I am wondering if I can apply change of status to H-1B within US or I have to apply H-1B petition, which requires me to get out of US and get the visa at some US consulate or embassy.

I'd really appreciate any info.

Thanks a lot.

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akela

08-14 01:14 PM

Can forum members help me with the following query. If you see the same question has been asked by other members as well.
Can you look at the LUD and say that your Name Check is clear or not?
This is what is goig on. Withing 1-2 days of your Biometrics the LUD changes. This is I guess that your biometrics were recieved by USCIS or sent for Name check or whatever. Then there is a LUD change in a week. Is this the reply from FBI saying that no record found? I mean everything is ok?

I ahve seen people who are stuck did not get the email after a week. Is this the right assesment?

http://www.fbi.gov/page2/nationalnamecheck.htm

The majority of name checks submitted on a data tape are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. A "No Record" indicates that the FBI's UNI database contains no identifiable information regarding a particular individual. Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked, and the duplicate findings are returned immediately to the submitting agency

Thanks in advance,
akela

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Rory McIlroy is grabbing all

Pinkie7

03-15 07:08 PM

So that means in my case, if some company agrees to file H1 for me, i will not be counted towards quota. Please let me know if my understanding is correct?

In the mean time my company's immigration department is also checking about this. will update whenever i get any response.

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STAmisha

08-01 05:22 PM

Thanks for the information.

say for eg, there is a $1000 fee for my 485, does this include spouse's 485 also?
Or I have to pay seperate $1000 for spouse's 485?

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theshiningsun

07-31 04:11 AM

hi attorneys,

which visa can someone apply for it s/he intends to work as a caterer?

is the J-1 visa applicable for this? if yes what r the eligibility requirements for this visa?

thx in advance,

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Rory McIlroy, a Chandler-Slam

scoldme

04-26 03:51 AM

Hi,

I need some clarification regarding my case,

--> Got H1b approved for Employer A in 2008, during stamping received 221G.
--> Submitted documents in 2009 and got stamping done in May 2009.
--> Now Employer B has applied for fresh H1B 2010.

My questions are,

When my petition is approved and having the petition in my hand, do i need to get the visa stamping before travelling for Employer B?:mad:

Will my visa stamp for Employer B only have the starting date to be from October 2011?:mad:

Is there any remote possibility that i can travel for my Employer B at any time earlier to October 2011?:mad:

Note: Have never travelled on H1 (Employer A's Petition)

Thanks in advance.

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Rory McIlroy, a Chandler-Slam

mk26

04-25 03:42 PM

All,

I recently came back from India, and got a new I-94 at port of entry, but later I noticed that CBP officer added 10 more days to my I-94 expiry(it may be a mistake by the officer)

Do I need to worry about this? any advice/suggetion?

Thanks -MK

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Graeme McDowell Swing Sequence

shana04

01-30 07:06 AM

I currently have approved EAD, I-140 and waiting for a Visa number to become available. My receipt date for I-485 was July 2nd 2007 and my notice date was September 27th. My employer is closing the IT department in March. Though it has been 180 days since my receipt date, it's not 180 days since my notice date. Will my I-485 processing be impacted when a Visa number becomes available? Also, will it be Ok if I'm out of a job for a short time while I'm looking for my next job? I sincerely appreciate the help and guidance in this matter.
Thanks


it's not 180 days since my notice date. Will my I-485 processing be impacted when a Visa number becomes available?
No


will it be Ok if I'm out of a job for a short time while I'm looking for my next job?
.

If you are planning to use EAD no problem, but if you are planning to use AC21 with H1B then you need to maintain valid status as specified in your H1B. i.e., if you can mainting the salary specified in your offer letter and if that matches your W2 for the year, then you are ok.

These are my thoughts.

Good luck my friend and I am in process of doing my H1B using AC21

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Rory McIlroy hits his tee shot

SAPGURU

11-25 08:51 PM

My I-485 was filed in month of August 2008 under EB2 .I was laid off from my I-485 sponsoring employer(A) in month of August 09 and i took another Job with employer (B) in same field in month of Sep 09. I did not file AC21 as my previous employer's(A) attorney advised not necessary to file AC21.Now I am getting new offer from another employer(C) in same position but this new employer(C) wants me to file AC21 .

What are my options now? Should i file AC21 for employer (B) first and then file AC21 for employer (C) or should i directly file AC21 for employer (C).

I will greatly appreciate your reply.

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Graeme McDowell Swing Sequence

CADude

08-22 11:57 PM

Please consult qualified attorney.

I've recently filed my 485.

In my labor and I140 I have my job title as ' Data ware house architect'.

My H1 says 'Programmer Analyst'. So while applying my 485 I menationed my current occupation as 'Programmer Analyst', which is different from what my labor and 140 says.Will this create any problem?

Please advise.

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deafTunes123

10-15 01:03 PM

October 13, 2008 (Computerworld) A recent review of 246 H-1B visa applications by U.S. Citizenship and Immigration Services (USCIS) found that 21% contained fraudulent information or "technical violations" of federal laws and regulations.

The violation rate was even higher in cases involving computer professionals. Twenty-eight of the 104 that were examined, or 27%, had violations of some sort, according to a USCIS report that was finalized in September and publicly released last week by Sen. Chuck Grassley (R-Iowa).

USCIS investigators examined a random sample of the nearly 97,000 H-1B petitions filed in late 2005 and early 2006. They found problems such as forged signatures, fake degrees and the use of shell companies in applications. Other issues were discovered during visits to work sites. For instance, some employers "benched" H-1B holders when work wasn't available or had them doing jobs that weren't listed on their visa applications, the report said.
Fraud indicators

* Businesses with 25 or fewer employees and revenue of less than $10 million had higher rates of H-1B fraud than larger companies did, the USCIS said.
* Of 114 cases involving workers from India, 25% were found to involve fraud or technical violations. No other countries had statistically valid samples.

The report's authors called the level of fraud a "significant vulnerability" for the H-1B program and wrote that the USCIS is making "procedural changes" in response to the findings. An agency spokesman said Friday that possible steps include checking applications against external records and using fraud indicators to flag petitions for increased scrutiny.

Source::
http://www.computerworld.com/action/article.do?command=printArticleBasic&taxonomyName=Legislation%2FRegulation&articleId=327957&taxonomyId=70

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McIlroy#39;s beginning to Masters

arc

03-15 03:48 PM

Thanks in advance for answering my question:

I have had an EAD from past 2 years, but I also had a valid H1B I was working for company A on H1 and my GC is filed by Company B future employment(and hence the EAD)

- Company A went down last year, so I was laid off, so my H1 lapsed.
- I switched to Company B since I have an EAD through them.
- I am on Company B's payroll currently.
- The company A folks needed help after they were shutdown, I helped and was paid for hours. (doing same and similar work) but not issued a 1099...

Question - I will need to file taxes on those hours, in terms of immigration have I done anything out of ordinary here? I don't know if USCIS and IRS connecected, or I am just being paranoid here?

Thanks!

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Rory is laying the club under

baburob2

08-21 09:21 PM

I-94 determines your status in US and visa stamp is a merely used to enter into US .hence make sure your I-94 is stamped till the expiry date of new I-797 otherwise you would get into issues.

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Mike Austin swing sequence

funguy29

11-25 04:25 PM

Thank you for replying. One more follow up question: Is acting without pay considered work and hence a violation ? Thanks in advance.

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ravi.shah

10-06 03:58 PM

USCIS is increasing fees of various applications from 23, November 10

USCIS - Fact Sheet: After Public Comment, U.S. Citizenship and Immigration Services Announces Final Rule Adjusting Fees for Immigration Benefits (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Thanks for the link Raghu...

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freddyCR

February 13th, 2005, 04:13 PM

Thanks Anders...You think that's depressing...what do you think of this :

http://www.dphoto.us/forumphotos/data/500/sanat_051-1BW_Medium_.jpg

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