pushkarw
12-19 05:36 PM
When you want ride in a bus, you have to buy a ticket. I hope everyone agrees - at least that is the legal way :). The ticket to ride on the "Omni Bus" needs millions of dollars not thousands. Thousands lets you look inside the bus, not ride it.
LETS MARCH TO A MILLION! LETS BUY OUR OWN TICKET!
Please visit the funding thread. There you will find words of wisdom and words of inspiration for all of us.
LETS MARCH TO A MILLION! LETS BUY OUR OWN TICKET!
Please visit the funding thread. There you will find words of wisdom and words of inspiration for all of us.
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pponakan
02-15 11:31 PM
bbct :
My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.
I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.
AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.
HTH
My wife was on maternity leave last year. She was paid partially by the State and partially by a 3rd party insurance company. Her employer did not pay for these, so they did not include it on her W2.
I am not sure if your case is similar, but this is what I know about maternity leave benefits. BTW I am in CA, so I am not sure how it works for other states.
AFAIK, Short term disability payments are not taxed by Fed and State. We got a W-2 from the 3rd party ins company. This W2 only mentions the payments as "Third-party sick pay" and does not add to the gross W2 wages. My wife also took the CA paid family leave which is paid by the State. We got a 1099-G from the state for this. AFAIK, the paid family leave payments are taxable by Fed but not by CA state. BTW, fathers are also eligible for this paid family leave in CA within the 1st birthday of the baby.
HTH
immigrationvoice1
04-16 05:23 AM
have any one applied for AC 21 your self or with advise, I need some guidance can you please help.
Thanks
Jay
I have changed jobs recently using EAD after over 180 days of filing 485 and 140 approval. Process is pretty simple if you do not wish to notify USCIS like me. Just fill out a I-9 form with EAD details with your new employer and give them a copy of the card (front and back) and with passport copies. Job title and description do not match completely with the LCA. Employer will help with employment verification letter with salary/title/responsibilties if and when a RFE is received.
Thanks
Jay
I have changed jobs recently using EAD after over 180 days of filing 485 and 140 approval. Process is pretty simple if you do not wish to notify USCIS like me. Just fill out a I-9 form with EAD details with your new employer and give them a copy of the card (front and back) and with passport copies. Job title and description do not match completely with the LCA. Employer will help with employment verification letter with salary/title/responsibilties if and when a RFE is received.
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abhaykul
04-04 11:04 AM
Keep up the gr8 job IV's core team and Ignore stupid comments. We are all behind you
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unitednations
04-23 01:04 PM
Do you know any example of I-485 got rejected after using AC21?
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
WeShallOvercome
07-12 03:05 PM
One of my friend got EAD 2 year back even though his priority date was not came. Ofcourse this was even b4 this mess created USCIS. He was still using his H1 till couple months back, he is afraid of USCIS may roll back his EAD since PD is not yet reached.
I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.
I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....
Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D
You don't need your PD to be current for EAD/AP
I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.
I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....
Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D
You don't need your PD to be current for EAD/AP
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sc3
08-07 08:22 PM
I plead Guilty, but to lesser charges.
As a long time EB3 sufferer (and will continue to suffer for a long time to come, 7 years and counting), it is very difficult to sign up for "hang in there, and hang in together". By now my spinal cord is at the breaking point, I was 5.4 when I started hanging in there, now I am 7.2 and growing (check out the latest Guinness book of record for the longest neck).
IV has done a lot, and I applaud it for doing so. However, I don't subscribe to "hang in together" mantra anymore (the current EB1 spill-over still rankles me), but I don't use IV for such discussion anymore. *Some* EB2'ers initially bashed us for being silly and jealous, and now they want EB3s to not port. Just as the reputation I have shored up, it looks like "EB3s are infamous around these parts".
As a long time EB3 sufferer (and will continue to suffer for a long time to come, 7 years and counting), it is very difficult to sign up for "hang in there, and hang in together". By now my spinal cord is at the breaking point, I was 5.4 when I started hanging in there, now I am 7.2 and growing (check out the latest Guinness book of record for the longest neck).
IV has done a lot, and I applaud it for doing so. However, I don't subscribe to "hang in together" mantra anymore (the current EB1 spill-over still rankles me), but I don't use IV for such discussion anymore. *Some* EB2'ers initially bashed us for being silly and jealous, and now they want EB3s to not port. Just as the reputation I have shored up, it looks like "EB3s are infamous around these parts".
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ebizash
02-08 12:44 PM
Disclaimer - This is only based on my knowledge gathered from different forums so take it as its worth.
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
Depending on the timing of your return, you will get 2 or 3 years of RNOR (Returning non ordinary resident or something?). The RNOR status makes your overseas income non-taxable in India. So you can withdraw your 401K in those 3 years and pay less or no tax in US and no tax in India (on 401K withdraw). You will still have to pay a 10% penalty. This will ofcourse only work if you have low balance in 401K.
So for example, if you have a $30K in your 401K, you can withdraw $10K every year for 3 years, pay a $1K in penalty and avoid US taxes (due to exemption limits) as well as Indian taxes (due to RNOR status). But if you have a large 401K balance like 100K or something, there is no way to avoid taxes.
Hope this helps!
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meridiani.planum
04-03 02:09 PM
Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
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sixburgh
04-12 11:08 PM
Hi
Only My wife has got a medical RFE.
It talks about going to original civil surgeon and getting a TB test again and a Xray.
Did you face a similar situation as ours?
If yes can you throw some light on how to proceed.
I cannot go to the same surgeon since I live very far now.
Also worried why they have generated this RFE when I had submitted everything properly!
Anyways any guidance provided is much appreciated.
Thanks
Only My wife has got a medical RFE.
It talks about going to original civil surgeon and getting a TB test again and a Xray.
Did you face a similar situation as ours?
If yes can you throw some light on how to proceed.
I cannot go to the same surgeon since I live very far now.
Also worried why they have generated this RFE when I had submitted everything properly!
Anyways any guidance provided is much appreciated.
Thanks
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nuke
01-03 02:58 PM
I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.
Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?
Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?
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alterego
06-13 06:06 PM
The benefits to the porting are obvious. However let me share with you the considerations:
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
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seekerofpeace
09-17 01:04 PM
Folks,
Here is the same old Cockney reply from TSC on inquiry for my wife's case through my area congressman:
TSC is currently processing I-485 visas based on filing date order. There are a large amount of cases that are being worked and your case will be worked in receipt date order. With the limited amount of visas that are currently available between now and September 30, 2009, there is no guarantee that your case can be completed before the end of FY2009. It is estimated, that in general, your case will be completed between 45 and 90 days.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Obviously that logic is bull crap, otherwise I also won't have been approved. We have the same receipt date and everything...........I guess there is so much we can do....
SoP
Here is the same old Cockney reply from TSC on inquiry for my wife's case through my area congressman:
TSC is currently processing I-485 visas based on filing date order. There are a large amount of cases that are being worked and your case will be worked in receipt date order. With the limited amount of visas that are currently available between now and September 30, 2009, there is no guarantee that your case can be completed before the end of FY2009. It is estimated, that in general, your case will be completed between 45 and 90 days.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Obviously that logic is bull crap, otherwise I also won't have been approved. We have the same receipt date and everything...........I guess there is so much we can do....
SoP
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Gclong
07-20 12:23 PM
Hi gurus
I look for a help in terms of clarification for birth cert,,
1. Born in 70 but my birth was registered in 2005 when I wanted a birth certificate, BC issued in aug 2005 and says registered in 2005. Is it ok I use them or I need an affidavit also from my parents?
2. There is one letter written wrongly in my name.. can i send or get a new one??
I would greatly appreciate your advise on this
Thanks in advance for your help
Gclong
I look for a help in terms of clarification for birth cert,,
1. Born in 70 but my birth was registered in 2005 when I wanted a birth certificate, BC issued in aug 2005 and says registered in 2005. Is it ok I use them or I need an affidavit also from my parents?
2. There is one letter written wrongly in my name.. can i send or get a new one??
I would greatly appreciate your advise on this
Thanks in advance for your help
Gclong
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desi3933
03-10 11:34 AM
....does PD porting require that the new GC application have exactly the same job profile as the one for which the original Labor was filed and I-140 approved?
No.
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
No.
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
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superdude
07-13 01:15 AM
waiting
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fittan
03-18 09:35 AM
I don't believe it...did you guys even read the original thread? He is asking about being laid off while on EAD while you went on a tangent about H1B status, buying furniture and rental lease!
Also, poorslumdog, who told you that you that "once you are in EAD and got laid off...you lose your status"?
The only person that makes sense on this thread is ramaonline. Javadeveloper, since you've filed your AOS, you'll be in legal status with or without a job. You don't even need to have a job now...GC is for a future job offer. EAD has nothing to do with it. Has it been 180 days since you filed your I-485? If so, your I-140 is safe since your employer loses "control" over it. Because your I-140 is not approved, using AC21 to port is quite risky but this may be your only path.
One last thing, I hope things work out and your employer re-hires you BUT you really have to assume that they won't and plan for you worse. Remember no one cares about your GC more than you...
Also, poorslumdog, who told you that you that "once you are in EAD and got laid off...you lose your status"?
The only person that makes sense on this thread is ramaonline. Javadeveloper, since you've filed your AOS, you'll be in legal status with or without a job. You don't even need to have a job now...GC is for a future job offer. EAD has nothing to do with it. Has it been 180 days since you filed your I-485? If so, your I-140 is safe since your employer loses "control" over it. Because your I-140 is not approved, using AC21 to port is quite risky but this may be your only path.
One last thing, I hope things work out and your employer re-hires you BUT you really have to assume that they won't and plan for you worse. Remember no one cares about your GC more than you...
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shreekarthik
06-22 10:04 PM
While having Vayalar Ravi talk to US Govt. on social security taxes is a good idea having him talk about retrogression is a very bad idea.
Permanent residency and retrogression are internal affairs of US of A. USA and USA alone will determine who gets their PR and citizenship. Any foreign official touching that subject will be seen as infringing on this nation's sovereignity.
During the 60s USA wanted lot of doctors and imported them from India. Later on they started producing their own doctors and we know how difficult it is for an Indian doctor to emigrate now. I suspect computer programmers are the next. The current focus is on importing nurses and when they have enough nurses they will have the same problem..... Isn't life very fair ?
Permanent residency and retrogression are internal affairs of US of A. USA and USA alone will determine who gets their PR and citizenship. Any foreign official touching that subject will be seen as infringing on this nation's sovereignity.
During the 60s USA wanted lot of doctors and imported them from India. Later on they started producing their own doctors and we know how difficult it is for an Indian doctor to emigrate now. I suspect computer programmers are the next. The current focus is on importing nurses and when they have enough nurses they will have the same problem..... Isn't life very fair ?
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Gravitation
02-10 07:18 PM
If someone has EB2 application, and EB2 is unavailable, but their EB2 PD is current with respect to EB3 visa bulletin date, will USCIS allow an EB2 to take an EB3 slot?
No.
If not I wonder whether you can "down grade" by interfiling a new I140.
Yes.
No.
If not I wonder whether you can "down grade" by interfiling a new I140.
Yes.
garybanz
11-12 02:17 PM
Did you have to get it in advance or did you get it on arrival?
No visa required with GC. But, since I only had my AP, they asked me to get a Mexican visa ($36). The above rule must be new (no visas needed with non-immigrant US visas).
No visa required with GC. But, since I only had my AP, they asked me to get a Mexican visa ($36). The above rule must be new (no visas needed with non-immigrant US visas).
ivar
11-12 02:43 PM
Is there a conspiracy, first there was delays in the processing of the EADs, now there is delay in the production of the EAD cards...
Are there more RFEs happening too?
My EAD renewal took almost 90 days to get approved, and my employer was ready to let me go if I did not get the approval before my EAD expired. Just made it with 2 days to spare.
Why every discussion has to end with donate - why donate? What IV has done so far? Where the money goes? EB2 vs EB3... etc. Stop hijacking threads.
By the way, the title of this thread is of no good. Don't give such title to generate clicks, your post is not a media news site to give misleading titles to generate clicks. "Whats happening with EAD delays" would have been more appropriate.
Are there more RFEs happening too?
My EAD renewal took almost 90 days to get approved, and my employer was ready to let me go if I did not get the approval before my EAD expired. Just made it with 2 days to spare.
Why every discussion has to end with donate - why donate? What IV has done so far? Where the money goes? EB2 vs EB3... etc. Stop hijacking threads.
By the way, the title of this thread is of no good. Don't give such title to generate clicks, your post is not a media news site to give misleading titles to generate clicks. "Whats happening with EAD delays" would have been more appropriate.
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