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  • krustycat
    03-09 07:26 PM
    I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?

    You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
    Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.

    the company's net income is equal to or greater than the wage that is offered
    the company's current net assets are equal to or greater than the offered wage
    the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage


    Point #3 will fail, then your company must prove #1 or #2 in order to be approved.

    #2 => net income = taxable income
    #3 => net current assets = current assets - current liabilities




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  • mhathi
    09-23 07:55 AM
    I suggest you talk to a good lawyer! This kind of question is too sensitive to rely on people's opinion.




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  • mrdelhiite
    07-13 08:29 AM
    and marry a celebraty

    or work hard and support IV :)
    -M
    PS: good things come to those who wait




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  • p_kumar
    02-27 12:16 PM
    Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.

    Hope this makes sense.

    You have seen applications being scrutinized for employment history at the time of naturalization?. can you please provide elaborate and provide examples?. Otherwise dont scare people unnecessarily.:mad:



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  • mrsr
    02-20 11:13 AM
    InterFiling Help please gurus...




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  • gbof
    04-08 02:52 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.

    I assume you are primary and she is derivative (as she is on H4). Now, If she has filed I-485, she is already in AOS irrespective of the fact that she is not using EAD.



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  • reddy77
    04-13 05:09 PM
    Does your spouse also recieved rfe on 485, in my case both of us got the RFE, still waiting for the document ...


    This is my first post, in this website.

    I recieved an RFE on my I-485 .

    This is a brief summary as to what was asked,
    if I am still working for the current employer, or for an intended future employer.

    1. Specific Job Title
    2. Duties of the offered position
    3. Minimum education or training requirements
    4. Start date of the employment.
    5. Offered salary or wages.

    Mine is EB-2 PD APRIL -04.

    I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.

    Did any one get similar RFE , plase let me know more in detail

    My concern is why would USCIS want to know these details at this stage?

    Thanks
    SK26




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  • karthkc
    03-27 05:47 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?

    The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.

    What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.

    In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.

    If it does come up during adjudication, a good attorney should be able to compose a response accordingly.

    Hope that helps!

    --Karthik



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  • ganeshpv
    05-01 12:40 PM
    Folks,

    I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.

    Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :

    Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?

    You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.

    Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?

    I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.

    Ganesh.
    ps: I can't get appointments before June in Canada or Mexico either. :(




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  • jojet
    10-26 01:02 AM
    guys can someone please let me know what is meant by lud.

    my fringerprinting was done 2 days ago and received ead no ap yet.

    i have seen posts saying online status of i485 been adjusted to lud after
    finger printing done.i donot see any changes online for i485 after finger printing.

    i highly appreciate if someone let me know what is lud



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  • gcformeornot
    04-08 11:59 AM
    Its time to file for my EAD. I was wondering what option people prefer most these days. Online or Paper?
    Please vote.




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  • alkg
    10-24 10:19 AM
    July 2nd Filer.
    Reciept notice received on October 11th on Phone.
    Waiting for EAD,AP.
    FP Not Done

    Still waiting for physical receipts ,EAD and AP.............
    :mad::(:confused:



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  • Munna Bhai
    12-14 10:15 AM
    RFEs these days? Especialy for I140s?

    Yes, too many RFEs and we can expect more very soon because of AC21 usage etc.




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  • perm2gc
    01-08 04:39 PM
    Hi,

    Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?
    Filing immediately after they open in April is good option.If new H1 increase bill is not passed then the current numbers won't long enough.



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  • monkeyman
    10-17 01:14 PM
    No, you are expected to fill up all the forms and only once you confirm the appointment (I do not know how much time) - but you will be able to go back in later and print out all the forms. Or if you provide the e-mail id, the system automatically sends you the appointment confirmation along with DS-156 and DS-157.




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  • STAmisha
    06-19 03:50 PM
    Lawyers office is in Atlanta. So you think I can get it in 2 weeks?



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  • tnite
    06-18 08:56 PM
    Is the visa number the red colored number on the visa stamp or something else?

    thanks
    \yes it is the red colored number on the visa stamp




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  • thomachan72
    09-08 01:19 PM
    Both Shaktisagar and Greyhair make very valid points. Which side wins the argument well only time will tell. Nothing works the way it ideally should. The world is evolving and this recession and all this policies are all part of the evolution. People have started rethinking the value of having money versus true peace/hapiness slowly. In the US the disparity was partly hidden by the "plastic". Everybody was given a plastic and everybody could buy and live the "dream". Well that has just about ended to some extent. The problem is that, it is just about begining in Indian/china/brazil and russia.

    What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.

    If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........




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  • ayazali17
    12-18 07:08 PM
    One more question. Does a person with EAD (I-766) considered a permanent legal resident? The reason why i asked is because i was filling out a form to open a Scottrade account, i was stumped on this question, so i thought i asked someone here to verify.
    Thanks for answering.




    dhesha
    08-30 01:33 PM
    did you ask them if the processing date on the website includes applications received on July 2 also? I know it is not clear... but maybe if you had asked them...?
    Mine is July 2 and he said my file is with in processing dates and they should be working on it so I wd assume it is <=




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