abalu400
07-21 12:54 PM
First, deecha, and VZLAN you are brave men..hope you get through. When the immigration system is so arcane, you cannot blame yourselves
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
===============
next, I am in a similar 'somewhat out of status' position myself. i am filing for i-140/i485
I have been with the same employer since Jan 2004, and have every pay stub since then. However during some time in 2006, the company was in deep trouble, management takeover etc. and we were only paid for time spent on a major project (which was the cash cow). Because i was not directly involved in it, I was paid at about 50%, but every week, which lead my final W2 for 2006 to be around 76% of the total on the LCA. I looked at my paystubs and the total weeks at less than 100% is 5 months.
For 2004, 2005 and 2007 (on course) I am on course for my full salary. Also I got a bonus and stock options as the project took off and we are all in a better shape and my 2007 W2 should be higher.
Before 2004, I was a student on a F1 (MS degree) with one h1 in the bad days of 2002. However, my change of status was on the dot.. i.e. i got laid off on a friday and i filed my change of status to f1 the same day. My h1 visa was stamped in 2004 in India. My H1 was extended in early 2007
I am filing a self-sponsored I140. So, my question is:
1) Should I wait for 2008/whenever to file my i485 and hopefully show one year w2 and try to see if that goes through?
2) Try to convince my employer to pay me the back wages for 2006 (they may agree) in lieu of some future pay cut or paid out vacation or trade my stock options. File an amended return with a new 2006 W2 (what are the risks of an audit??)
3) Try to wait till 2008, stamp my visa extension and then file for i-485 showing only 2007 w2.
-=====-=-=-====-
Please send me your perspectives.
wallpaper 2001 Pontiac Grand Am
thesaint
04-18 11:56 AM
Saint,
I am also in same boat!! no Communication yet eventhoug my company lawyer applied on 2nd april in MS quota with PP.
Which center you case went to? Mine went to California service center ( CSC).
Hope for best!!!
My lawyer and company headquarters are in CA. However, I am going to be working in a different branch. So, I am guessing that most likely my application is in CSC, since I do not have a formal notification from my lawyer as to where he sent it.
I am also in same boat!! no Communication yet eventhoug my company lawyer applied on 2nd april in MS quota with PP.
Which center you case went to? Mine went to California service center ( CSC).
Hope for best!!!
My lawyer and company headquarters are in CA. However, I am going to be working in a different branch. So, I am guessing that most likely my application is in CSC, since I do not have a formal notification from my lawyer as to where he sent it.
qasleuth
12-09 04:05 PM
I certainly expected a better articulated reply than a brilliant one-liner.
OK. I missed your inline comments. so here we go:
So why bring it up at all? l have lived in Texas in hispanic majority communities. I havent met any who want california or texas to be a part of mexico. If we start bringing history into it, then the only people who should be here are the native americans.
Like I said, I am not suggesting CA/TX should be brought back into Mexico. All the Hispanic bashing that happens day-in day-out in the media should be aware of history. I brought it up to show a different perspective.
Immigration to the US is a privilege, not a right.
Agreed. How you implement the spirit of the law is what we are discussing here.
You insist on making it sound more complex than it is. It really isnt. Whats right is right and whats wrong is wrong.
I sincerely hope you are young and when you get ten years older you may see other shades in life. I simply do not understand how you do not see as to how that man thinks about people (see my earlier post) and goes ahead and treats them the way he does.
I am not condoning the 'illegal' act of the person but how she was treated especially when this guy has a certain mindset.
This is propaganda. In this country no one can get away with doing what you claim he does.
Check out the links I posted and there is always google. And there are close to 2700 lawsuits against the Sheriff. His day due in court is not very far away.
OK. I missed your inline comments. so here we go:
So why bring it up at all? l have lived in Texas in hispanic majority communities. I havent met any who want california or texas to be a part of mexico. If we start bringing history into it, then the only people who should be here are the native americans.
Like I said, I am not suggesting CA/TX should be brought back into Mexico. All the Hispanic bashing that happens day-in day-out in the media should be aware of history. I brought it up to show a different perspective.
Immigration to the US is a privilege, not a right.
Agreed. How you implement the spirit of the law is what we are discussing here.
You insist on making it sound more complex than it is. It really isnt. Whats right is right and whats wrong is wrong.
I sincerely hope you are young and when you get ten years older you may see other shades in life. I simply do not understand how you do not see as to how that man thinks about people (see my earlier post) and goes ahead and treats them the way he does.
I am not condoning the 'illegal' act of the person but how she was treated especially when this guy has a certain mindset.
This is propaganda. In this country no one can get away with doing what you claim he does.
Check out the links I posted and there is always google. And there are close to 2700 lawsuits against the Sheriff. His day due in court is not very far away.
2011 2001 Pontiac Grand Am with
jignesh5
07-17 07:07 PM
i know we desis.. once our work is done .. we will not turn back to IV again...
PLEASE do not do that..
PLEASE do not do that..
more...
desi3933
07-20 04:40 PM
Can someone advice on this.
Currently I am on H1B visa and I will apply my AOS before 17th august as dependent(Secondary applicant).
After applying AOS if I have to leave my job then will I be out of status since I won't be on H1 status and I won't be on H4 ?
Can I leave my job after applying AOS or I have to wait till We get receipts of 485?
Thanks in advance.
After applying for I-485 you are in AoS Pending status and you can leave the current job without being out of status.
You should probably wait until I-485 is delivered.
_________________
Not a legal advice.
Currently I am on H1B visa and I will apply my AOS before 17th august as dependent(Secondary applicant).
After applying AOS if I have to leave my job then will I be out of status since I won't be on H1 status and I won't be on H4 ?
Can I leave my job after applying AOS or I have to wait till We get receipts of 485?
Thanks in advance.
After applying for I-485 you are in AoS Pending status and you can leave the current job without being out of status.
You should probably wait until I-485 is delivered.
_________________
Not a legal advice.
santb1975
12-04 02:14 AM
Cheers
Pledge: wandmaker will donate $50 for every $2500 & santb1975 will donate $100 for every $5000 we raise thru Holiday Funding Drive (http://immigrationvoice.org/forum/showthread.php?t=15493)
Raise the bar......
Pledge: wandmaker will donate $50 for every $2500 & santb1975 will donate $100 for every $5000 we raise thru Holiday Funding Drive (http://immigrationvoice.org/forum/showthread.php?t=15493)
Raise the bar......
more...
ak_2006
06-10 12:22 PM
I am extending my donations for one more year. It�s almost a year I signed up for monthly contribution.
I could not go to DC ..but I will continue my support through funding. I sent mails to local senators.
Kudos to everyone who participated in the DC advocacy event. Core IV is really deserved to be appreciated from bottom of our hearts.
I could not go to DC ..but I will continue my support through funding. I sent mails to local senators.
Kudos to everyone who participated in the DC advocacy event. Core IV is really deserved to be appreciated from bottom of our hearts.
2010 2001 Pontiac Grand Am GT Coupe
jsb
08-12 03:33 PM
...
Also, there is something I wanted to ask I was looking at our I 797C (I485 receipt notice) and found that the Priority date cell is blank. I have checked another I-797 (I-140 approval notice) and it is mentioned there though. Is this common ?
Yes, PD has no significance until case is ripe for final adjudication. Sometimes they don't care, as it has to be filled in manually. When I got my GC (a few months ago), the approval notice I received had every date cell (including PD cell) filled with the date of my final approval. It didn't make any sense, but it didn't matter.
Also, there is something I wanted to ask I was looking at our I 797C (I485 receipt notice) and found that the Priority date cell is blank. I have checked another I-797 (I-140 approval notice) and it is mentioned there though. Is this common ?
Yes, PD has no significance until case is ripe for final adjudication. Sometimes they don't care, as it has to be filled in manually. When I got my GC (a few months ago), the approval notice I received had every date cell (including PD cell) filled with the date of my final approval. It didn't make any sense, but it didn't matter.
more...
dtekkedil
07-06 11:58 AM
http://digg.com/politics/FLOWER_DAY_JULY_10TH
Digg it people Digg it!!!
Digg it people Digg it!!!
hair jason022#39;s 2001 Pontiac Grand
transpass
08-22 11:33 AM
I totally agree. This might be true, but cableching MUST update his profile with a valid information and be verifiable and then be contacted if we want to believe what he says.
I don't think he wants us to believe him. And why should he? It's just for our FYI, he posted...Sure, one can ask more details about his experience, but it's upto the individual whether he/she wants to believe and to what extent...
I don't think he wants us to believe him. And why should he? It's just for our FYI, he posted...Sure, one can ask more details about his experience, but it's upto the individual whether he/she wants to believe and to what extent...
more...
Saralayar
04-15 11:14 AM
After all these posts your plan of action is to start a blog and send emails to Congress. :D
Is that all you can think of? I suggest you educate yourself first on how laws in Congress are changed. Talk to others who were able to change laws in Congress. Then find out how they did it, money they spent, time it took and people it took.
In this country if you want to do anything via congress you have to lobby. Tell me one bill in this country that was passed because someone created a blog and emailed congress.
Before laughing at others why don't you update your profile with your GC filing details??
Is that all you can think of? I suggest you educate yourself first on how laws in Congress are changed. Talk to others who were able to change laws in Congress. Then find out how they did it, money they spent, time it took and people it took.
In this country if you want to do anything via congress you have to lobby. Tell me one bill in this country that was passed because someone created a blog and emailed congress.
Before laughing at others why don't you update your profile with your GC filing details??
hot 2001 PONTIAC GRAND AM
jsb
08-12 02:17 PM
Receipt Date
Well, that may not be quite correct. Service centers claim that they process cases in order they receive them. Receive Date on the receipt is the official RD (the mail room receive date) by USCIS. It is not the date case was received by a center. In the above case, files were just waiting somewhere between Aug 17 and Oct 16. Texas center perhaps opened the case on Oct 16, entered it in the system and sent out a notice. Online status perhaps shows "...your case was received on Oct 16...". So, as far as Texas center is concerned they received the case on Oct. 16.
Thus, as curent processing times are at August 23, 2007, dwhuser case file is yet to be opened. Since file is not yet opened, no one yet knows his/her PD (it is nowhere other than on paper files). So the case waits - his/her PD may get current and pass. Of course, Aug 17 '07 to Oct 16, '07, was not dwhuser's fault, but it put him/her behind a lot of cases whose files were accepted/opened by a center in the meantime.
Why so? Because USCIS prime systems are not designed for huge volumes, or PD's so much in the waiting.
Well, that may not be quite correct. Service centers claim that they process cases in order they receive them. Receive Date on the receipt is the official RD (the mail room receive date) by USCIS. It is not the date case was received by a center. In the above case, files were just waiting somewhere between Aug 17 and Oct 16. Texas center perhaps opened the case on Oct 16, entered it in the system and sent out a notice. Online status perhaps shows "...your case was received on Oct 16...". So, as far as Texas center is concerned they received the case on Oct. 16.
Thus, as curent processing times are at August 23, 2007, dwhuser case file is yet to be opened. Since file is not yet opened, no one yet knows his/her PD (it is nowhere other than on paper files). So the case waits - his/her PD may get current and pass. Of course, Aug 17 '07 to Oct 16, '07, was not dwhuser's fault, but it put him/her behind a lot of cases whose files were accepted/opened by a center in the meantime.
Why so? Because USCIS prime systems are not designed for huge volumes, or PD's so much in the waiting.
more...
house 2001 pontiac grand am hot
Nagireddi
07-17 11:16 PM
I am very proud to be a member of IV.I am very happy today. Today you have witnessed a small victory. We know we have a long way to go. I request all guests to be members of IV and start contributing your time and money. My sincere thanks and hats off to all people who have contributed their time and money to achieve this small goal today. I promise I will be with IV forever.Kudos to our core members. Once again guests please join IV and make us stronger.:)
Contributed $100+$50+$20(recurring contribution)
Contributed $100+$50+$20(recurring contribution)
tattoo Grims01GT#39;s 2001 Pontiac Grand
Leo07
12-02 10:30 PM
>>>>>>>bump<<<<<<<<<<
more...
pictures 2001 Pontiac Grand Am. Clean
dwhuser
08-14 01:39 PM
darn......processing dates moved only by 7 days. TSC moved to August 30th 2007.
dresses 2001 Pontiac Grand Am GT Coupe
ajay
03-06 11:38 AM
Guys,
Please DO NOT vote "Yes" if you are not intending to contribute $25 for this cause. Whoever enters yes, I will pursue and make sure we get contribution before 31st March. Please make sure you send me PM with your contact information if not paying withing a week.
Please please please, do not put junk on this forum. Keep bumping up anyways.
Core, no offense meant, but please don't shy voting on this. I usually don't see core voting, understandable but keep this as an exception.
P.S.
Based on multiple IM to me on this issue:
I am trying to set up something with IV so that the contribution specifically will go for this cause. Any access money will be transferred to IV regular account. I will publish the account summary at the end of effort for transparency reasons.
Please be specific how to remit this amount ?
Please DO NOT vote "Yes" if you are not intending to contribute $25 for this cause. Whoever enters yes, I will pursue and make sure we get contribution before 31st March. Please make sure you send me PM with your contact information if not paying withing a week.
Please please please, do not put junk on this forum. Keep bumping up anyways.
Core, no offense meant, but please don't shy voting on this. I usually don't see core voting, understandable but keep this as an exception.
P.S.
Based on multiple IM to me on this issue:
I am trying to set up something with IV so that the contribution specifically will go for this cause. Any access money will be transferred to IV regular account. I will publish the account summary at the end of effort for transparency reasons.
Please be specific how to remit this amount ?
more...
makeup 2001 Pontiac Grand Am SE 1
hope_4_best
03-09 07:19 PM
Please see the details below.
Subscription Payment Sent (Unique Transaction ID #86U889978Y3154013)
In reference to: S-7LW91387KA323242P
Subscription Payment Sent (Unique Transaction ID #86U889978Y3154013)
In reference to: S-7LW91387KA323242P
girlfriend 2001 Pontiac Grand Am.
leoindiano
08-21 06:36 PM
Cableching,
What ASC did you go to?
What ASC did you go to?
hairstyles 2001 Pontiac Grand AM Coupe
whiteStallion
12-04 01:44 AM
Good link...
Hope these will help the immigrant community to think twice before hiring a live in nanny!
http://www.miindia.com/classifieds/details.aspx?rid=43597
Hope these will help the immigrant community to think twice before hiring a live in nanny!
http://www.miindia.com/classifieds/details.aspx?rid=43597
ps57002
09-08 12:57 PM
Please relax. Thanks for your initiative to put up flyers. It would be nice if you could attend the DC rally in person. :)
If you are unable, please do try to contribute such that someone else can attend the rally.
Lol no I'm relaxed enough...just worked up about the rally. I am attending and did contribute too. Am meeting some others later to put up more flyers. All this did was get me more psyched...no harm done :)
If you are unable, please do try to contribute such that someone else can attend the rally.
Lol no I'm relaxed enough...just worked up about the rally. I am attending and did contribute too. Am meeting some others later to put up more flyers. All this did was get me more psyched...no harm done :)
senthil1
07-10 12:28 PM
FBI check delay is admin procedure so courts could take up the case. But per country quota is law.
Many persons used to say skills need to be basis for selection. But that is not applicable for GC processing. Here there is no selection from multiple candidates. In Labor and I140 they are checking that particular candidate is suitable for that position or not and also no US citizen is available for the job. If not they will reject the candidate. So they are not selecting based on Merrit as no compettion is there for the particular position. So it is just all the eligible persons will get GC. It is similar to all the high school passed candidates will get admission to college if seats are available but not based on marks but based on FIFO basis.
By FIFO based it is discriminatory but still unused other country quota is used in last quarter for India and China. So per country quota impact will be less if CIS uses all the 140K. Also they are not giving any one country preference or quota. So it is not outrageous compared to many other controversial laws. Law in any country is not perfect and even if perfect it will give more benefit to some group.
It is very difficult to win by lawsuit against any law unless that law is outrageous and impacts many persons. So best way is to try for another law to change a law. But just removing per country quota will give very less benefit especially for Eb3. Waiting time will reduce from 7 to 6 years for all countries. If per country quota is removed with recapture bill then waiting time for EB3 may reduce to 1 to 3 years for EB3.
I also personally think the lawsuit is the better way, especially in the election year.
It can produce one of the three results:
1> We Win... Everything is fine.
2> We Lose... At least the thing got settled and it is clear that the US can create discriminatory laws.
3> Force Congress & the US govt. to expediately state its stand & justify the stand on the per country quota limit in employment based immigration.
Everyone, I talked to including some lawyers, especially after 9/11, thought that nothing could be done about FBI check ups. But guess what, the courts decided in favor and required that FBI check ups be done in 6 months.
Second case would be about Guatanamo Bay prisoners. Even there, the courts decided the prisoners were protected by the US human rights laws.
The good thing about the US is the case gets settled/decided ASAP, and it would make sense to give the lawsuit a try.
Many persons used to say skills need to be basis for selection. But that is not applicable for GC processing. Here there is no selection from multiple candidates. In Labor and I140 they are checking that particular candidate is suitable for that position or not and also no US citizen is available for the job. If not they will reject the candidate. So they are not selecting based on Merrit as no compettion is there for the particular position. So it is just all the eligible persons will get GC. It is similar to all the high school passed candidates will get admission to college if seats are available but not based on marks but based on FIFO basis.
By FIFO based it is discriminatory but still unused other country quota is used in last quarter for India and China. So per country quota impact will be less if CIS uses all the 140K. Also they are not giving any one country preference or quota. So it is not outrageous compared to many other controversial laws. Law in any country is not perfect and even if perfect it will give more benefit to some group.
It is very difficult to win by lawsuit against any law unless that law is outrageous and impacts many persons. So best way is to try for another law to change a law. But just removing per country quota will give very less benefit especially for Eb3. Waiting time will reduce from 7 to 6 years for all countries. If per country quota is removed with recapture bill then waiting time for EB3 may reduce to 1 to 3 years for EB3.
I also personally think the lawsuit is the better way, especially in the election year.
It can produce one of the three results:
1> We Win... Everything is fine.
2> We Lose... At least the thing got settled and it is clear that the US can create discriminatory laws.
3> Force Congress & the US govt. to expediately state its stand & justify the stand on the per country quota limit in employment based immigration.
Everyone, I talked to including some lawyers, especially after 9/11, thought that nothing could be done about FBI check ups. But guess what, the courts decided in favor and required that FBI check ups be done in 6 months.
Second case would be about Guatanamo Bay prisoners. Even there, the courts decided the prisoners were protected by the US human rights laws.
The good thing about the US is the case gets settled/decided ASAP, and it would make sense to give the lawsuit a try.
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