Mentol Blog's

Hi all,

I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.

Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.

Questions:

1: Can my company issue a W2 for 2007 now ?

2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?

3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?

4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.

Thanks in advance.

You company must provide you the W2. Otherwise its illegal. Ask them to give you the W2 or contact IRS/DOL

When I asked my attorney she said no you cannot.. thats what I quoted here.

Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)

On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?

This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.

I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

Mr Saxena

Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.

Now on to the OP :-

YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.

It should not have any effect on your current H1 or 140.

Hi Sara,

Could you please post you case details & PD?

This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that,

If you read the post , they say 21 year old means fresh graduate (bach.), it is very high for that age with no or less experience. here in california also freshers get 50-60k start..

That depends on company, job-title. Ofcourse, this is still high for a fresher, but you can't compare 50-60K to facebook job. This kid must be extremely smart. 50-60K would be for some lucky fresher coming out of an avg university in US. Even folks for decent US univ's get close to 100K in Cali. (Depends on company and pos).

Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...

For EB3 India 7% of 85,030 = 5903. And still Dates are stuck in 2001. I don't know what it take to move it to beyond 2002-2003 ?
I'm afraid if there are 100K EB3 in 2001-2004. Why doesn't USCIS come up with such statistics..


Providing such statistics woul dmean accountability right. There si no value add for them other than getting a bunch of calls. I really wonder what the nuber is for the 2001-2003 period. 100K looks kind of large.

The information stated here in the context of pending AoS applications is incorrect.

While all non-citizens must file an AR-11 when moving, all those with pending petitions and cases at USCIS must ALSO file a change of address specific to their receipt/case numbers.

You may do this ONLINE at the USCIS website.

https://egov.uscis.gov/crisgwi/go?action=coa

Note, you must STILL file the AR-11.

As for your change of city, if you are no longer in the same metropolitan area you shoud be cautious. Unless you are in a position to use AC21 portability, you may be invalidating the Labor as this is only valid for a job in the specified census area. (Usually 30 to 50 mile range).


Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below

"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?


No..you can file later based on pending 485 but why you want to wait to save some bucks.

hemanth22:
I definitely agree that there are many mexicans who are legal here.
However, be it on TV or papers the term mexican is so interwined with illegal that one can't help but continue with that same convention.

Also, in my above post i never said illegal mexians are so....
Again iam not branding everybody here for not following rules. I expected readers to read it has people who overstayed and or sneaked into United states and thus became illegals.
However, i will make sure that i am politically correct in my future posts.
Personally i am not against anybody. My statements may be construed differently by different people and iam not too terribly worried about it.


At the end we want to see a smile on everyone's face.

gemini23:
Thanks for correction dude.




srikondiji,

I agree with your input, all of us have lost money, time and a lot of effort scrambling to get ready to file.

what i feel is that they realized that they will be getting only $1000 * 200 k in july and that they will be getting $2000 * 200k when they make the dates current later on. the difference is huge , now that CIR is dead and they cant raise the $4.5 billion they said for border protection

As to what we have spent on medical reports , tickets , lawyers etc etc, they do not care

But we should stay away from branding any body as not following the rules.
there a lot of mexicans who are here legally and are hard-working.


hemanth

Murthy.com has some advice on this situation, please check their site. This is what I understand. Your daughter can board the flight to US based on the valid AP. Once she reaches US, she needs to inform the immigration officer that her GC was approved. The immigration officer has the authority to let her into the country after checking her records. Murthy has this scenario in detail.

^ Agreed. Possible to put them all on page somewhere for viewing? Can anyone host that for a week or so?

Like Apume pointed out, if there is Good News on preadjudication, it will be posted on other web sites and forums too. I don't think IV has exclusive rights on posting these things. So you will get to know it one way or the other.


apume,

I am just asking why i lost my Donor Access? Not begging.

They opened a thread, "Good News on preadjudication"...I just wanted to take a look at it.

If you count how many people contributed more than me, you will not find more than 100 members. If top 100 contributers dont have access, who will have accesss to Donor Forums.... What is the freaking use? Why even have Donor Threads?

No Accountability results in No Credibility.

For the sake of others who may search this forum in future, could you tell how you got it corrected? Thanks!

I went to a CPB defferred inspection site which was the one closest to where I live ,with my pasasport ,I-94 and my H1 petition . So the officer clearly saw it was an error and gave me a new I-94 .

http://www.uscis.gov/files/pressrele...ling062107.pdf

Does this mean USCIS take it back?

really sorry for your experience. I hope everything will come out ok and you will get your passport back with visa stamp.
I am also appearing at mumbai consulate for my 7th year H1B stamping. is that lady's behavior same with other people appearing for visa ? or just for H1 applicant ?
is it your first time H1 stamping ?

here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.

(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)

1. landed in the united states on f-1 visa -- september 2000.

2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.

3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)

4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).

5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.

6. graduated with advanced degree (and high academic honors) in december 2006.

7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.

8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.

9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.

10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.

11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).

12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.

13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.

14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.

15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).

16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!

17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.

18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!

notes in conclusion:

1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)

2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.

3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.

4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.

5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"

reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!

Yes. Travelling through Europe has become a big hassle these days. Avoid the London route. It is the worst. I have travelled via Frankfurt (Lufthansa) several times. But Lufthansa is getting troublesome too these days.

The South Asian route via Singapore is the best. SIA In- flight service is excellent and you will notice a marked difference in their "attitudes". I have heard about China Airlines too. You might want to check that out as well.

I was working for company A as a Title X through H1 B visa
And company A filed my GC sponsorship petition with title Y and I-140 cleared.
I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)

But Company A revoked my EB based sponsored petition.
Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y

Please clarify


You have no legal right. Employer can sponser and revoke the petition.

This is a perfect example of creating more problems for everyone including yourself. IF everyone applies 2 H1 just to make sure there probability increases the overall probability of one getting H1 stays the same. The problem comes when someone plays by book and applies only one H1. By your action his probability is decreased. This is something my conscious won’t allow. When i was applying a H1 i had option to go for a regular H1 or last years left over masters Quota (The first year masters Quota opened, USCIS started accepting applications in Jan for that already started fiscal year). I decided to go for the Masters one so that i don’t use up a number from the coming year's regular or masters quota .. i could have saved money staying on OPT but i did not
Moral of the story .... please think about ur actions and be considerate to others. We is stronger then me.

-M

I think it is a good idea to have T-shirts made available in DC too. This will make it easier for people who haven't had the chance/time to order online, buy them in DC itself. Any thoughts????

Totally agree on the information front.
Our stress levels will be in control if everyone of us knows their case status.

I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.