2004 Consolidated Tracker ONLY (140/EAD/AP/FP/485)

Need for EAC

Hello,
Can somebody give me some advice. My priority date is 4/30/2001, which I very much expect to become current in EB3 in the next month. My EAD expired last month and I did not bother to renew it. My employer does not care if I have an EAD or not, I don't think they even know that such a thing exists. But how important is it for CIS that I maintain my EAD and may it affect my i485? Should I apply for it now, I might even get the I485 approval before the EAD. Should I do it?
 
Kartoshkin said:
Hello,
Can somebody give me some advice. My priority date is 4/30/2001, which I very much expect to become current in EB3 in the next month. My EAD expired last month and I did not bother to renew it. My employer does not care if I have an EAD or not, I don't think they even know that such a thing exists. But how important is it for CIS that I maintain my EAD and may it affect my i485? Should I apply for it now, I might even get the I485 approval before the EAD. Should I do it?
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1- If you have Valid-H1B, then it is OK to work with H1B employer.
2- If you do not have valid-H1B and you have been using EAD, then you MUST renew your EAD immediately. It is illegal to work without valid documents. The period you work will be treated unauthorised after expiry of your EAD (if you do not have Valid H1B). It could impact on your GC process.
 
how come?

You are saying your 4/30/2001 priority date will become current next month? how come?



assur said:
1- If you have Valid-H1B, then it is OK to work with H1B employer.
2- If you do not have valid-H1B and you have been using EAD, then you MUST renew your EAD immediately. It is illegal to work without valid documents. The period you work will be treated unauthorised after expiry of your EAD (if you do not have Valid H1B). It could impact on your GC process.
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Thank you, assur. I'll apply immediately.

Gcprocess2005, I meant to say that I'm hoping that the cutoff date for EB3 (other countries) will move past 4/30/2001 on the next bulletin. Right now it's at 4/22/2001.
 
Gcprocess2005 said:
You are saying your 4/30/2001 priority date will become current next month? how come?
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I guess Kartoshkin from china, thats why he is expecting he could be current next month. Currently for China EB3 is 4/22/2001.
 
rajnag,

I have question on you signature message


How did you file 485 b4 140?

******************************************************
EB3 India LC Sub - PD 02/21/2001
I140 : RD - August 17, 2004,AD - OCT 5th 2004
EAD :RD - August 23, 2004,AD - 11/02/2004
AP :RD - August 23, 2004,AD - 11/18/04

I485 :RD - 07/30/04, ND - August 12th 2004,AD - Waiting
FP : RD 03/02/05, FP Done on 04/08/05 (Boston)
485 LUD 04/08/05,04/11/05, LUD 04/20/05(FP Received Msg.)

*********************************************************


rajnag said:
I guess Kartoshkin from china, thats why he is expecting he could be current next month. Currently for China EB3 is 4/22/2001.
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Please Please Please

Can someone please point me to right direction?? My employer is a small company with 27 employees head quartered in US. It has Subsidiary in UK with 5 employees. This company has never filed Fed Tax. It has filed only state tax in US. They have not done any financial aduting....

I had applied for my I140 in Oct and got an letter of RFE for Ability to Pay....I am not sure how to prove this?? Would a letter from VC help as this company is Venture funded and not profitable yet....

Please help me solve this.... :confused:

Thanks in advance!
 
GoodLuck_Angel said:
Can someone please point me to right direction?? My employer is a small company with 27 employees head quartered in US. It has Subsidiary in UK with 5 employees. This company has never filed Fed Tax. It has filed only state tax in US. They have not done any financial aduting....

I had applied for my I140 in Oct and got an letter of RFE for Ability to Pay....I am not sure how to prove this?? Would a letter from VC help as this company is Venture funded and not profitable yet....

Please help me solve this.... :confused:

Thanks in advance!
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Prevaling wage and wage offered in LC are 2 different things. Do you know what is offered wage in your LC?

If you are getting >= that wage mentioned in LC, then you can show your W2/Paystubs as proof of ability to pay.

If you are getting < the offered wage in LC, then you need to show that company has ability to pay the difference. One primary source to show that is the Federal tax return. You say your compnay never filed a federal tax return, since 97. I am not a tax expert, but I do not understand how a compnay can manage to not file a federal tax return. So I do not know what else you can use to show A2P. Letter from VC may work, but I have not seen anyone try that.
 
Thanks a lot!

Thanks EricS.

I am making more than wage mentioned in LC now. I was making the amount mentioned in LC when we filed LC. But I was making little less when I first joined this company which was back in 2001. They gave me first raise on April of 2004 and that was the salary mentioned in LC. Now I recently got another raise and that puts me over the mentioned wage. Does it matter that I was making less than 'offered salary on LC' before filing Labor?
 
GoodLuck_Angel said:
Thanks EricS.

I am making more than wage mentioned in LC now. I was making the amount mentioned in LC when we filed LC. But I was making little less when I first joined this company which was back in 2001. They gave me first raise on April of 2004 and that was the salary mentioned in LC. Now I recently got another raise and that puts me over the mentioned wage. Does it matter that I was making less than 'offered salary on LC' before filing Labor?
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No, it does not matter if you were getting less salary before filing LC. So you can show your W2 and pay stub to show the A2P, but it also depends on what USCIS has specifically asked for.

If they have just asked to prove A2P, W2 is good, but if they have asked to see company Federal tax returns/Audited Financial statements only, then you will have to think how to provide that. You must consult with your attorney about the RFE and how to respond.
 
A0001 said:
rajnag,

I have question on you signature message


How did you file 485 b4 140?

******************************************************
EB3 India LC Sub - PD 02/21/2001
I140 : RD - August 17, 2004,AD - OCT 5th 2004
EAD :RD - August 23, 2004,AD - 11/02/2004
AP :RD - August 23, 2004,AD - 11/18/04

I485 :RD - 07/30/04, ND - August 12th 2004,AD - Waiting
FP : RD 03/02/05, FP Done on 04/08/05 (Boston)
485 LUD 04/08/05,04/11/05, LUD 04/20/05(FP Received Msg.)

*********************************************************
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It was typo, I fixed it. Thanks for noticing
 
Guru's

Is the FBI responding to the Mails sent regarding the Name Check? I would be thankful if someone can respond to that(any post regarding mail sent by FBI confirming Name check clearance / or being under process).

Thanks and Regards.
 
Sample CFO letter

Hello All:

As I mentioned earlier, I am having problem collecting documents for my RFE on I140.

USCIS has asked 3 documents,
1.proof showing that employer was paying the offered wage at the time of LC filing
2. Employer's Federal Income Tax
3. W2 of 2002, 2003, 2004

I am submitting W2 of 2005 as proof for # 1. I have all other W2s as well. I am having problem with Federal Income Tax. They have never filed Fed tax it the history of eight years since they have been around. They don't have any documents for financial auditing either. Only tax they have ever done is State Sales Tax and i am not sure if it has any meaning to my case. :mad:

I am trying to collect alternate documents, like letter from CFO, letter from VCs (as company is still not profitable), Letter for CEO, Fund transferred documents from VCs etc.

Has anyone faced such situation before? If yes, how did you tackle it? If no, do you have any suggestion? Is there any hope in such case? :confused:

I am wondering if anyone can provide me with a sample letter or any template for these kinds of document.



Any help is much much appreciated!

Thanks :confused:
 
GoodLuck_Angel said:
Hello All:

As I mentioned earlier, I am having problem collecting documents for my RFE on I140.

USCIS has asked 3 documents,
1.proof showing that employer was paying the offered wage at the time of LC filing
2. Employer's Federal Income Tax
3. W2 of 2002, 2003, 2004

I am submitting W2 of 2005 as proof for # 1. I have all other W2s as well. I am having problem with Federal Income Tax. They have never filed Fed tax it the history of eight years since they have been around. They don't have any documents for financial auditing either. Only tax they have ever done is State Sales Tax and i am not sure if it has any meaning to my case. :mad:

I am trying to collect alternate documents, like letter from CFO, letter from VCs (as company is still not profitable), Letter for CEO, Fund transferred documents from VCs etc.

Has anyone faced such situation before? If yes, how did you tackle it? If no, do you have any suggestion? Is there any hope in such case? :confused:

I am wondering if anyone can provide me with a sample letter or any template for these kinds of document.



Any help is much much appreciated!

Thanks :confused:
Click to expand...

Check out this ability to pay thread by user UnitedNations, may help you:
http://www.immigrationportal.com/showthread.php?t=137088
 
Its been over 8 months since I sent an email to FBI regarding my name check clearance. I even followed this up with a phone call and was told to wait for 6 months before I get a response to my email.

SO far there's been no reply to email.


vicky007 said:
Guru's

Is the FBI responding to the Mails sent regarding the Name Check? I would be thankful if someone can respond to that(any post regarding mail sent by FBI confirming Name check clearance / or being under process).

Thanks and Regards.
Click to expand...
 
smarthi said:
Its been over 8 months since I sent an email to FBI regarding my name check clearance. I even followed this up with a phone call and was told to wait for 6 months before I get a response to my email.

SO far there's been no reply to email.
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Hi smarthi, thanks for the reply.What is the Phone number that you called?

Thanks.
 
Has someone mailed the FBI and has received reply back about the Name check clearance given to the USCIS??

Regards
 
The number is 202-324-3625. I just called them and spoke to a lday. Apparently they don't provide the status or accept emails anymore due to backlogs.


vicky007 said:
Has someone mailed the FBI and has received reply back about the Name check clearance given to the USCIS??

Regards
Click to expand...
 
any approvals recently

I see PD moved from Jan 1st 2001 to Aug 1st 2001 in Feb bulletin. Were there any approvals in Jan whose PD is before Jan 1st 2001 & waiting for Name Check?.

Can we keep hope? Or dates are moving with out any approvals?

Thanks
 
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