rxk2303
08-09 02:52 AM
I am really sorry about your situation. While, it is true that there is a lot under USCIS' adjudicator's control, we need to give it our best try and exhaust our options before we give up. I think that being Indian, IT and skilled (I am all 3 !) does not have that much of a bearing on one's life situations and connection to green card being approved. Case in point : I went through a rough time myself (see beginning of the thread) and even paid the price (divorce, heartbroken) for taking a chance. However, everyones situation is unique.
If you can post details of your case, then someone from here is sure to be able to give you some guidance. One last piece of advice, there is no substitute for a damn good lawyer who can get you the results. It might not come cheap though. There are instances of people having accrued unlawful stays beyond 1 year and lawyers having gotten them their EB based green cards later through CP using tricks such as waivers etc.
Where there's a will, there's a way.
Deecha,
1).I came to USA on L1-B in 2003 October and the I-94 was till september-2006.
2). Then i changed my Visa to H1-B in 2005.
3). I was asking my employer to file for change of status from L-1 to H-1.
4). Those guys filed for a new H-1 and sent it to a consulate in India.
5). I was not aware of this and i thought i am legal till september the expiration date on my Visa.
6). Labor got cleared in July-2007.
7). Thought i would file for I-140 and I-485 together and found out that my I-94 was expired since September-2006.
What is the best course of action here to remedy my situation??
Any advice or details of a great Immigration lawyer who dealth with such cases before would be of great help.
Thanks in Advance !!
If you can post details of your case, then someone from here is sure to be able to give you some guidance. One last piece of advice, there is no substitute for a damn good lawyer who can get you the results. It might not come cheap though. There are instances of people having accrued unlawful stays beyond 1 year and lawyers having gotten them their EB based green cards later through CP using tricks such as waivers etc.
Where there's a will, there's a way.
Deecha,
1).I came to USA on L1-B in 2003 October and the I-94 was till september-2006.
2). Then i changed my Visa to H1-B in 2005.
3). I was asking my employer to file for change of status from L-1 to H-1.
4). Those guys filed for a new H-1 and sent it to a consulate in India.
5). I was not aware of this and i thought i am legal till september the expiration date on my Visa.
6). Labor got cleared in July-2007.
7). Thought i would file for I-140 and I-485 together and found out that my I-94 was expired since September-2006.
What is the best course of action here to remedy my situation??
Any advice or details of a great Immigration lawyer who dealth with such cases before would be of great help.
Thanks in Advance !!
wallpaper All the Roswell NM and Rachel
alterego
09-07 10:58 PM
After hearing this, do you think our folks will sit quiet. We will do whatever it takes to makes sure that American jobs stays American.
By god grace , we will make sure that Strive act does not pass. Especially, the portion that talks about employment based category.
What an intellectually bankrupt person you are. If in 25 yrs time, someone who would bring skills that improve America's economic competitiveness and strengthens this country's overall quality of life is being brought here by a Lear jet, why would I crib over that, saying I only came in first class? I would roll out the red carpet, it would not be about me, it is about what that person is bringing and the need for it here that determines this. What don't you get in that?
You are just demonstrating your ignorance over and over again.
By god grace , we will make sure that Strive act does not pass. Especially, the portion that talks about employment based category.
What an intellectually bankrupt person you are. If in 25 yrs time, someone who would bring skills that improve America's economic competitiveness and strengthens this country's overall quality of life is being brought here by a Lear jet, why would I crib over that, saying I only came in first class? I would roll out the red carpet, it would not be about me, it is about what that person is bringing and the need for it here that determines this. What don't you get in that?
You are just demonstrating your ignorance over and over again.
wandmaker
08-26 09:17 AM
I just talked to a NSC representative and he told me that my case is sent to extended review. Now what is this extended review?
Well, what annoys and confused me is that when I took Info pass day before yesterday she told me that my case is with IO. And now NSC rep is giving me another version called extended review.
Don't know whom to believe.
Does anyone here had same exp.
My ex-collegue's application went to extended review - Per his inforpass and csr calls experience, he beleives that the application was pre-adjudicated and the namecheck/security clearance completed. A month later, he received an RFE on his 140, 140 RFE replied, 140 denied w/ reason of "token employer" and hence 485 denied. So, extended review based on what I heard - they may be going to each and every page in your file or may be not.
Well, what annoys and confused me is that when I took Info pass day before yesterday she told me that my case is with IO. And now NSC rep is giving me another version called extended review.
Don't know whom to believe.
Does anyone here had same exp.
My ex-collegue's application went to extended review - Per his inforpass and csr calls experience, he beleives that the application was pre-adjudicated and the namecheck/security clearance completed. A month later, he received an RFE on his 140, 140 RFE replied, 140 denied w/ reason of "token employer" and hence 485 denied. So, extended review based on what I heard - they may be going to each and every page in your file or may be not.
2011 1.2 Old West Gun Set - Billy
Leo07
12-03 12:57 PM
<<<<<<<<<<<<<<<<<<<<<<<<bump>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
more...
H1BDreamer
05-31 08:23 PM
What was the date on which you filed. I think you should be fine. I did it the same way and got the letter from the Grad School. Mine was filed on 23rd. I haven't received the receipt yet!! dunno when it would come in!! this delay sucks!
The letter actually does not mention all degree requirements have been fulfilled. This left me really upset (I asked the dept to fax it directly to company, so I had not seen it).
It says "XYZ completed all coursework requirements for his PhD in EE at the University ABC, and deposited his thesis on April 11 2007. His degree should then be officially conferred in May 13 2007"
Obviously course + thesis = all degree requirements for PhD, but I wonder if USCIS might question it. The company's attorney (a highly reputable company) okayed the letter and he said denial is unlikely and that they will either approve it or issue an RFE; but based on my readings of other posts I think there is a fair chance that it might be denied.
The irony is that I got a letter from the registrar on April 16, but by that time the attorney had already filed with the weaker letter. I asked him to send the other one when quota was still available but he said it was unnecessary.
Please anyone with similar experience comment.
The letter actually does not mention all degree requirements have been fulfilled. This left me really upset (I asked the dept to fax it directly to company, so I had not seen it).
It says "XYZ completed all coursework requirements for his PhD in EE at the University ABC, and deposited his thesis on April 11 2007. His degree should then be officially conferred in May 13 2007"
Obviously course + thesis = all degree requirements for PhD, but I wonder if USCIS might question it. The company's attorney (a highly reputable company) okayed the letter and he said denial is unlikely and that they will either approve it or issue an RFE; but based on my readings of other posts I think there is a fair chance that it might be denied.
The irony is that I got a letter from the registrar on April 16, but by that time the attorney had already filed with the weaker letter. I asked him to send the other one when quota was still available but he said it was unnecessary.
Please anyone with similar experience comment.
chanduv23
09-18 11:10 AM
Exactly.
I wrote a letter to the university chancellor where I graduated from and urged him to use his power to influence lawmakers to pass STEM -or similar -bills or face the consequences in the form of dwindling enrollment of brilliant students. I used strong but not so harsh words. Refer to the following thread.
http://immigrationvoice.org/forum/showthread.php?t=19630
My state chapter leader was also excited about this idea. I posted the letter and the chancellor's response on this forum only to motivate someone 'higher up' to read it, endorse it and make it an action item for everybody (with a US degree). I feel now that I did my part as a dedicated member but the IV leaders (those who have the authority in IV circle) failed to lead my initiative or take it to a higher level (may be I am not able to find better words here).
Usually discussions get buried in forums. People open all sorts of threads and discuss - which is fine, but when some real effort is going on - I recommend the person who is behind it to own the effort. Thats what IV is - everyone MUST own the effort from start to finish and not give up or pass it on.
It is difficult for people to spend the time and effort in a thankless job. And we all need a lot of motivation and courage to do things. We are all professionals and currently dealing with politics and bureaucracy - must understand how difficult it is.
Below is for all readers
I just read the messages from Aman and Pappu - their tone is understandable - they are definitely stressed because they have to deal with all this. Am sure they are definitely looking for committed individuals who can help them and who can be trusted. There must be more than 100% commitment to do what they are doing.
Is it possible for everyone to commit themselves at that level?
If not can people do the following at the least?
(1) Provide correct information
(2) Contribute monetarily
(3) Join State chapter
(4) balance their schedules and create some time for IV and do at least something
(5) Stop crap talk and blame games and concentrate only on useful stuff
(6) Contribute in any other way - publicity, convincing friends, coming up with innovative ideas .....
(7) Channelize all your frustration into positive energy.
Based on commitment, availability, skill, trust IV can definitely utilize your help in different levels, maybe ann admin, maybe a chapter lleader, maybe a chapter member , maybe a media coordinator ...... Do you have that in you? Are you willing to do it??
I wrote a letter to the university chancellor where I graduated from and urged him to use his power to influence lawmakers to pass STEM -or similar -bills or face the consequences in the form of dwindling enrollment of brilliant students. I used strong but not so harsh words. Refer to the following thread.
http://immigrationvoice.org/forum/showthread.php?t=19630
My state chapter leader was also excited about this idea. I posted the letter and the chancellor's response on this forum only to motivate someone 'higher up' to read it, endorse it and make it an action item for everybody (with a US degree). I feel now that I did my part as a dedicated member but the IV leaders (those who have the authority in IV circle) failed to lead my initiative or take it to a higher level (may be I am not able to find better words here).
Usually discussions get buried in forums. People open all sorts of threads and discuss - which is fine, but when some real effort is going on - I recommend the person who is behind it to own the effort. Thats what IV is - everyone MUST own the effort from start to finish and not give up or pass it on.
It is difficult for people to spend the time and effort in a thankless job. And we all need a lot of motivation and courage to do things. We are all professionals and currently dealing with politics and bureaucracy - must understand how difficult it is.
Below is for all readers
I just read the messages from Aman and Pappu - their tone is understandable - they are definitely stressed because they have to deal with all this. Am sure they are definitely looking for committed individuals who can help them and who can be trusted. There must be more than 100% commitment to do what they are doing.
Is it possible for everyone to commit themselves at that level?
If not can people do the following at the least?
(1) Provide correct information
(2) Contribute monetarily
(3) Join State chapter
(4) balance their schedules and create some time for IV and do at least something
(5) Stop crap talk and blame games and concentrate only on useful stuff
(6) Contribute in any other way - publicity, convincing friends, coming up with innovative ideas .....
(7) Channelize all your frustration into positive energy.
Based on commitment, availability, skill, trust IV can definitely utilize your help in different levels, maybe ann admin, maybe a chapter lleader, maybe a chapter member , maybe a media coordinator ...... Do you have that in you? Are you willing to do it??
more...
sanju_dba
12-19 03:25 PM
Contacted 17 of my friends with subject line
"Could you please Farward(1mnt) or Contribute(15mnts) for GC Seeking folks... -Thanks!"
and a link to this thread!
My small efforts for this community ! Thanks!
"Could you please Farward(1mnt) or Contribute(15mnts) for GC Seeking folks... -Thanks!"
and a link to this thread!
My small efforts for this community ! Thanks!
2010 illy the kid gun.
sabhayk
04-30 09:52 AM
Guys,
I applied that way. I had to take the letter of completion from the school. Luckily I had a research credit to which I got a grade for and it completed my degree requirements. So I got the letter from the school as my lawyer said that I could not file for H1B Masters cap otherwise.
They had filed me for the 65000 regular cap before but they told me that I could apply for the Masters cap only if I have the letter, I got it from the school.
But there is a catch here. Due to all this I have two different dates on my OPT and H1b for finishing up the requirements and hence my OPT is bound to get rejected I think since it would be saying that I graduate in May and my H1B would say that I finished in April.
Trying to figure out if there is a way to stay here in US without having OPT. or else go back and get the visa stamped.
I applied that way. I had to take the letter of completion from the school. Luckily I had a research credit to which I got a grade for and it completed my degree requirements. So I got the letter from the school as my lawyer said that I could not file for H1B Masters cap otherwise.
They had filed me for the 65000 regular cap before but they told me that I could apply for the Masters cap only if I have the letter, I got it from the school.
But there is a catch here. Due to all this I have two different dates on my OPT and H1b for finishing up the requirements and hence my OPT is bound to get rejected I think since it would be saying that I graduate in May and my H1B would say that I finished in April.
Trying to figure out if there is a way to stay here in US without having OPT. or else go back and get the visa stamped.
more...
nimesh_shah16
07-17 08:49 PM
You guys have a done great Job and big favour to immigrant community. Thanks a lot. Keep it up.
hair of Billy the Kid
Macaca
02-02 09:49 PM
BTW, our dear macacay.
I am surprised to see that you don't know what ROW is.....
P.S.
I apologize for this utterly useless posting, but I really wanted to use the word 'macacay', the sub-continentalized version of 'macaca'
I don't know a lot. I understood retrogression last month although I have been waiting for I-485 application for 1 yr.
I also don't know RIR which I saw in your posts, I think.
Thanks for picking on me. Never heard about macacay. Actually, I had never heard of macaca until George Allen used it.
Please explain this sub-continentalized version preferably with URL.
There is nothing more to do. So useless posts are the only posts that will be there.
I am surprised to see that you don't know what ROW is.....
P.S.
I apologize for this utterly useless posting, but I really wanted to use the word 'macacay', the sub-continentalized version of 'macaca'
I don't know a lot. I understood retrogression last month although I have been waiting for I-485 application for 1 yr.
I also don't know RIR which I saw in your posts, I think.
Thanks for picking on me. Never heard about macacay. Actually, I had never heard of macaca until George Allen used it.
Please explain this sub-continentalized version preferably with URL.
There is nothing more to do. So useless posts are the only posts that will be there.
more...
nivasch
12-19 09:57 AM
Thanks for your efforts...
hot kid
reedandbamboo
09-14 12:26 AM
We have already drafted a letter positing these questions (WHY NO HARD DATA AFTER ALL THIS TIME, FROM THE USCIS? WHY THIS BACK AND FORTH MOVT IN THE VISA BULLETINS? WHY THE RANDOM APPROVALS?)
Go here:
http://immigrationvoice.org/forum/showthread.php?t=21340&page=5
Go here:
http://immigrationvoice.org/forum/showthread.php?t=21340&page=5
more...
house Billy the Kid Gun
anurakt
12-19 10:27 AM
You guy are not making me nervous yet..... yeah web campaign is free and this costs money ..... hmmm ....
Hey hey :D :D I am still winning the challenge ..... I think this forum is full of watchers.... not doers !!
Hey hey :D :D I am still winning the challenge ..... I think this forum is full of watchers.... not doers !!
tattoo on Billy the Kid#39;s rifle.
bigboy007
05-10 11:18 PM
When did you come to US my friend ? did you ever were in the posts and discussions that went through all the years reg SUBS ? Atleast search on internet you will see whether is idea is BRAND new or old enough ?
How can you think of USCIS going back to something that doesnt exist any more (Fraud is diff story) , Admin Fix is for something that is existing, and in hands of USCIS. per law ppl ported dates and it is valid at that time.. Per law ppl can still port dates from EB3 to EB2 or earlier dates in the same category. Admin Fix cant back date the LAW. Simple common sense. You can keep clogging ... Instead we can work on the same energy for Recap.
Are you going to followup with USCIS that It shouldnt let ppl port from EB3 to EB2? L1,L2 Getting quickly ? I dont want to waste my time on EB3 Vs EB2 Vs EB1 Vs L1 Vs L2.. Lets aim at one thing that helps all and its a jackpot that is achievable for us...
I am reviving this old thread because it was created by me, and it is highly relevant now. I predicted last month that EB2-I will become "U" soon, and it has happened (almost).
The quick way out of this mess is to ask CIS to move subst labor folks back in the queue. That will ensure that both EB3-I and EB2-I will move forward to July 07. Most of the labor substitution took place in that month itself.
This is an admin fix and does not require any new legislature. This is an idea whose time has come.
How can you think of USCIS going back to something that doesnt exist any more (Fraud is diff story) , Admin Fix is for something that is existing, and in hands of USCIS. per law ppl ported dates and it is valid at that time.. Per law ppl can still port dates from EB3 to EB2 or earlier dates in the same category. Admin Fix cant back date the LAW. Simple common sense. You can keep clogging ... Instead we can work on the same energy for Recap.
Are you going to followup with USCIS that It shouldnt let ppl port from EB3 to EB2? L1,L2 Getting quickly ? I dont want to waste my time on EB3 Vs EB2 Vs EB1 Vs L1 Vs L2.. Lets aim at one thing that helps all and its a jackpot that is achievable for us...
I am reviving this old thread because it was created by me, and it is highly relevant now. I predicted last month that EB2-I will become "U" soon, and it has happened (almost).
The quick way out of this mess is to ask CIS to move subst labor folks back in the queue. That will ensure that both EB3-I and EB2-I will move forward to July 07. Most of the labor substitution took place in that month itself.
This is an admin fix and does not require any new legislature. This is an idea whose time has come.
more...
pictures US #39;Billy the Kid#39; caught by
amitjoey
12-19 03:26 PM
I contacted 10 of my friends to contribute atleast 20. Even if only 5 are my good friends and listen to me I will get something done. We all have atleast 5 good friends :)
Let us call our friends, & family memers to keep the momentum going. IV really needs your help...
------------------------------------------------------------------
You Can If You Think You Can! Do your best and God will do the rest!
------------------------------------------------------------------
Thanks shukla77, ask them to register and register other members also
Let us call our friends, & family memers to keep the momentum going. IV really needs your help...
------------------------------------------------------------------
You Can If You Think You Can! Do your best and God will do the rest!
------------------------------------------------------------------
Thanks shukla77, ask them to register and register other members also
dresses Billy the Kid
new2gc
04-14 01:47 PM
Are we not human beings? May be we are labelled "aliens" but we are certainly not from Mars! Please consider to clear the long waiting backlogs of the greencard process.
no way.. we are NOT humans...
To the corporates, we are high-skilled slaves with no certainity on the status...easy to say..why bother..go back to your country...:o but the reality is different for each person.
To the govt, we are the funding means...(recent H1B/L1 fees ).
To CIS -- our fees is the main source of income to run the shop..
To Illegals -- we (backlogged EB) are hostages to get their wish fulfilled if any...
To Politicians - we are the their subjects in their arguments...
So you think they will listen to you to cut all these cords?? You kidding right.
take it easy....
no way.. we are NOT humans...
To the corporates, we are high-skilled slaves with no certainity on the status...easy to say..why bother..go back to your country...:o but the reality is different for each person.
To the govt, we are the funding means...(recent H1B/L1 fees ).
To CIS -- our fees is the main source of income to run the shop..
To Illegals -- we (backlogged EB) are hostages to get their wish fulfilled if any...
To Politicians - we are the their subjects in their arguments...
So you think they will listen to you to cut all these cords?? You kidding right.
take it easy....
more...
makeup Billy the Kid Gun Knife Set
frostrated
08-14 12:08 PM
Hi Guys.. need someone to answer my question, if possible. Thanks in advance.
My PD is Sep 2004 ( EB2 India ) and I was also July 2007 filer, and also the victim of my 485 being closed by USCIS nebraska in May 2008, which anyways got reopened within a month after supplying necessary documentation ( Approved I140 and moved to new company etc ) . I work on an EAD now. My question is
1) My AP is expiring in mid October. Should I file for a AP renewal and spend extra money ? Do I have a chance of getting GC in September ? Btw I was told last year at USCIS newark, NJ office that all the background checks and other things show clear on my case.
2) I moved my apartment 2 blocks away early this year, but my city and zip code are the same. If I file an AR11 ( change of address ) , will it raise any flags, since I have read on this forum that a change of address sometimes prompts an RFE. I am a bit scared of going through ups and downs, so I just feel like not doing anything which might create any kind of issue after so many years of pain.
Please give your insight. Thanks so much in advance !
Jim77, it is highly advisable to apply for your EAD (if it is expiring soon), not neccessarily your AP if you do not intend to travel. You also will need to file your AR11, reason being any government communication is not forwared to the new address. If you were to be approved for the GC next month, it will not reach you as the post office will send it back to USCIS as undeliverable. Filing an AR11 will not trigger any RFE. Maybe if you changed cities, then it might coz there might be a concern on what status you were working on, like if you had an AC21 etc. but within the same zipcode, I dont think so.
My PD is Sep 2004 ( EB2 India ) and I was also July 2007 filer, and also the victim of my 485 being closed by USCIS nebraska in May 2008, which anyways got reopened within a month after supplying necessary documentation ( Approved I140 and moved to new company etc ) . I work on an EAD now. My question is
1) My AP is expiring in mid October. Should I file for a AP renewal and spend extra money ? Do I have a chance of getting GC in September ? Btw I was told last year at USCIS newark, NJ office that all the background checks and other things show clear on my case.
2) I moved my apartment 2 blocks away early this year, but my city and zip code are the same. If I file an AR11 ( change of address ) , will it raise any flags, since I have read on this forum that a change of address sometimes prompts an RFE. I am a bit scared of going through ups and downs, so I just feel like not doing anything which might create any kind of issue after so many years of pain.
Please give your insight. Thanks so much in advance !
Jim77, it is highly advisable to apply for your EAD (if it is expiring soon), not neccessarily your AP if you do not intend to travel. You also will need to file your AR11, reason being any government communication is not forwared to the new address. If you were to be approved for the GC next month, it will not reach you as the post office will send it back to USCIS as undeliverable. Filing an AR11 will not trigger any RFE. Maybe if you changed cities, then it might coz there might be a concern on what status you were working on, like if you had an AC21 etc. but within the same zipcode, I dont think so.
girlfriend later Billy the Kid films
h1techSlave
11-19 03:19 PM
I think you can sell it in ebay and donate the money to IV.
If you post the link of the ebay auction in IV and promote it, the bidding price would be much higher than that for a regular Wii in ebay.
I am just thinking what is that I have to sell....
You know what. I would like to donate something to IV this holiday season. I have a Wii gaming console that I bought earlier during the year but never actually got around to play it much :)
I want to donate that to IV. There are a couple of ways you can get your hands on this amazing machine, PM me and I will mail it to your address, you send the retail value of a Wii, to IV as donation. Or we can set up an auction. Highest bidder gets it. Mind you this is just for donation purposes. I won't make any money out of this. You will get a gaming console and IV will get some donation.
Lemme know.
If you post the link of the ebay auction in IV and promote it, the bidding price would be much higher than that for a regular Wii in ebay.
I am just thinking what is that I have to sell....
You know what. I would like to donate something to IV this holiday season. I have a Wii gaming console that I bought earlier during the year but never actually got around to play it much :)
I want to donate that to IV. There are a couple of ways you can get your hands on this amazing machine, PM me and I will mail it to your address, you send the retail value of a Wii, to IV as donation. Or we can set up an auction. Highest bidder gets it. Mind you this is just for donation purposes. I won't make any money out of this. You will get a gaming console and IV will get some donation.
Lemme know.
hairstyles Billy The Kid Gun Knife
needhelp!
11-19 01:45 PM
I hope you will use your new-found power wisely.. as in bump the right threads :)
the first 'bump' of my wwwlife
the first 'bump' of my wwwlife
seekerofpeace
08-22 02:22 PM
What documents were u asked to submit...could you please enlist....well June 25 is fairly recent....you should be fine then.
Mine was RFE last November......and am not sure what's the status is....
u shld take a infopass appt.
SoP
Mine was RFE last November......and am not sure what's the status is....
u shld take a infopass appt.
SoP
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.
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Please send me your perspectives.
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