meridiani.planum
09-21 11:16 PM
Hi, I am from India and applied for GC under EB2.my priority date is 01-21-2-2007.I filed concurrently I-140 and I-485 in july 2007. got my EAD and using it.EAD is valid for one more year.I-485 is still pending. my wife have filed a case against me in India.The indian court issued non bailable arrest warrent against me. I am not going to India to attend the court proceedings.Now the proceedings and non bailable arrest warrent against me is pending in indian court since 2 years. my indian passport has impounded by ministry of external affairs, India. The interpol in india has sent extradition papers to Interpol, washington D.C. there is no red corner notice issued against me. my questions are:
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
you need to sort out this case asap. If not for the FBI namecheck, then you can also get stuck at any time with Interpol (Getting a GC is not going to avoid a deportation).
If your case is approved without an interview, you dont need the passport right there, but if called for interview you will need it.
You cant travel anywhere without that passport, and for all other proofs related to status or immigration also you need both teh passport as well as the GC.
Also, depending on what you have done, you might even already be disqualified for a GC:
Moral turpitude - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Moral_turpitude)
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
you need to sort out this case asap. If not for the FBI namecheck, then you can also get stuck at any time with Interpol (Getting a GC is not going to avoid a deportation).
If your case is approved without an interview, you dont need the passport right there, but if called for interview you will need it.
You cant travel anywhere without that passport, and for all other proofs related to status or immigration also you need both teh passport as well as the GC.
Also, depending on what you have done, you might even already be disqualified for a GC:
Moral turpitude - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Moral_turpitude)
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getta05
03-30 07:47 AM
I am on L2 visa. You dont need to have to have a GC with L2?
Rolling_Flood
09-22 09:33 PM
bump
Anyone got a generic response to an I-485 Service Request that "your case is awaiting standard security checks required for everyone who applies for this immigration benefit"?
More importantly, did anyone get an approval for their I-485 after being stuck in such a check?
Thanks much.
Anyone got a generic response to an I-485 Service Request that "your case is awaiting standard security checks required for everyone who applies for this immigration benefit"?
More importantly, did anyone get an approval for their I-485 after being stuck in such a check?
Thanks much.
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sandy_anand
10-04 11:45 AM
Is there an equivalent for EB2 in the same website pls ?
Regards
Not sure but if you see the name of the website, I doubt they would have anything for EB-2. Also I heard that they came got this data from USCIS and DOS as a part of their lawsuit against DOS or USCIS for wastage of EB-3 numbers for the Chinese quota. Again, the news if unconfirmed, but was posted on Ron Gotcher's site along with these links.
Regards
Not sure but if you see the name of the website, I doubt they would have anything for EB-2. Also I heard that they came got this data from USCIS and DOS as a part of their lawsuit against DOS or USCIS for wastage of EB-3 numbers for the Chinese quota. Again, the news if unconfirmed, but was posted on Ron Gotcher's site along with these links.
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sorcerer666
02-04 08:03 PM
There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.
Specially from the crappy source you had provided.
Sachin, aren't you the OP of this thread. Since you have already read those thousands of posts why ask the question in the first place and then if someone is quoting a source and you are not willing to listen, then ignore the post. Why would you go on and start a fist fight.
I think moderators should just remove such posts.
Specially from the crappy source you had provided.
Sachin, aren't you the OP of this thread. Since you have already read those thousands of posts why ask the question in the first place and then if someone is quoting a source and you are not willing to listen, then ignore the post. Why would you go on and start a fist fight.
I think moderators should just remove such posts.
anil_gc
11-26 05:36 PM
Thanks for the replies, I did not get my approval notice so far and the travel is around the corner.
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Wendyzhu77
09-29 07:17 PM
I don't think you need to worry about the number on w2. Wages on W2 do NOT necessarily represent your actual wage. Lots of pre-tax deductions can be deducted from the W2 number, which means your W2 wage can be significantly much less than your actual wage. Your pay-stub will be a better evidence for your wage.
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
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sravani
05-16 08:52 AM
Hi All,
It would be great if you tell me how to go about with police complain for lost passport? Is it just I have to call 911 or go in person? And what questions they ask?
Thank You
You should not call 911. You should call the county police, they will ask you either to walk in to the nearest police station or some times you can ask the police officer to meet at a particular place. In my case I asked the police officer to come to the nearest Fedex Kinko's. He came to Kinko's sat with me and asked simple questions. The officers are usually very helpful and he/she will provide you a complaint no, and visiting card. You need this complaint no. when you are applying for a duplicate passport.
It would be great if you tell me how to go about with police complain for lost passport? Is it just I have to call 911 or go in person? And what questions they ask?
Thank You
You should not call 911. You should call the county police, they will ask you either to walk in to the nearest police station or some times you can ask the police officer to meet at a particular place. In my case I asked the police officer to come to the nearest Fedex Kinko's. He came to Kinko's sat with me and asked simple questions. The officers are usually very helpful and he/she will provide you a complaint no, and visiting card. You need this complaint no. when you are applying for a duplicate passport.
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meridiani.planum
08-09 05:45 PM
Just A thought.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
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piyu7444
04-11 12:47 AM
If EAD expires and you do not get a new EAD (which was applied in a timely manner) can you still work and get your pay Chq?
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milmuk
02-06 07:35 PM
Hello experts,
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
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clockwork
07-06 10:53 AM
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
more...
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gauravsh
05-04 09:44 AM
Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
I want to know for how long I can work from India on H1 being on US payrole? The
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at india.
I want to know for how long I can work from India on H1 being on US payrole? The
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jsb
01-07 01:03 PM
The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
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thatwillbeit
05-27 12:26 PM
I have the same inference as above .....
Can some please confirm this
Thanks
Can some please confirm this
Thanks
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waitin_toolong
08-13 10:08 AM
I think you misunderstood a point made there. Though it is possible to extend renew H1 for employer if EAD was used some time, but that is like recapturing that status and means fulfilling the terms of H1, by giving up on part time job.
You cannot be on H1 and use EAD for second job at the same time.
You cannot be on H1 and use EAD for second job at the same time.
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HV000
11-11 01:50 PM
slightly offtopic:
Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
http://immigrationvoice.org/forum/showthread.php?t=14821
visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)
Very well said. Nancy Pelosi was very assiduous in bringing a resolution on Armenian Genocide that happenned over 100 years ago!! So, she may NOT have time to work on "Current" world matters!
My post is not intended to lighten the Armenian Genocide event.
Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
http://immigrationvoice.org/forum/showthread.php?t=14821
visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)
Very well said. Nancy Pelosi was very assiduous in bringing a resolution on Armenian Genocide that happenned over 100 years ago!! So, she may NOT have time to work on "Current" world matters!
My post is not intended to lighten the Armenian Genocide event.
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helpmeExperts
02-14 03:37 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
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doggy
07-22 06:44 PM
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
abracadabra
05-30 01:59 PM
Did anyone went through this situation
gc_kaavaali
08-12 02:21 PM
That seems to be true. I had infopass appointment yesterday. IO told me samething. He told me my NC would be cleared by November this year(Because USCIS planned to clear out all NC pending cases for more than one year by that time). God only knows what is happening!!!!
I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).
PD Sep 05.
I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).
PD Sep 05.