validIV
03-18 10:48 AM
One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.
We can quote memos and statutes all day and it would go nowhere. This is simply a matter of interpretation by USCIS and how it applies to the situtation.
Best advice? Talk to more than 1 immigration lawyer.
We can quote memos and statutes all day and it would go nowhere. This is simply a matter of interpretation by USCIS and how it applies to the situtation.
Best advice? Talk to more than 1 immigration lawyer.
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optimist578
01-22 11:10 PM
I also want to know the same...
Please, anyone??
As long as she is in status, she can apply for a visa change. What is her status on the day she files for H1 ? If it is legal (H4 has not expired et al) , things should be fine.
Please, anyone??
As long as she is in status, she can apply for a visa change. What is her status on the day she files for H1 ? If it is legal (H4 has not expired et al) , things should be fine.
damialok
07-11 03:20 PM
To claim as dependents, IRS requires that you pass two tests(many more but specific to your case)
Substantial Presence requirement, 184 days and may include previous years stay.
Income Requirement, I dont know the actual 2006 limit for income but it has to be less than $5000-$6000
If you can pass both then you can file but you will require a Tax Id(ITIN) from IRS prior to doing that.
What can happen at the maximum is that you might get audited and if you use a professional tax agent then you can easily rebut these. Also the IRS's auto auditing rules are unlikely to audit individual returns if the windfall is less than a certain amount. I guess the amount would be around $2000~$3000, as the cost for attorneys,staff and other resources will not make this audit viable.
I claimed my sister at that time on F1 about 5 years back and was successful. Your parents should be no different. The lack of communication(systematic) between IRS and USCIS is boon for us in this case. If it were truly streamlined, USCIS would have never let the 184 days be accumulated in the first place.
On the actual amount that you can get back depends on your tax bracket. Looks like each Dependant is worth about $5k~$6k of deductions. Assuming that you are in the 30% fed tax return bracket that would amount to around, $1.5K ~$1.8K net return. You may also be eligible for state deductions if that applies in your case, which would increase the latter amount.
Substantial Presence requirement, 184 days and may include previous years stay.
Income Requirement, I dont know the actual 2006 limit for income but it has to be less than $5000-$6000
If you can pass both then you can file but you will require a Tax Id(ITIN) from IRS prior to doing that.
What can happen at the maximum is that you might get audited and if you use a professional tax agent then you can easily rebut these. Also the IRS's auto auditing rules are unlikely to audit individual returns if the windfall is less than a certain amount. I guess the amount would be around $2000~$3000, as the cost for attorneys,staff and other resources will not make this audit viable.
I claimed my sister at that time on F1 about 5 years back and was successful. Your parents should be no different. The lack of communication(systematic) between IRS and USCIS is boon for us in this case. If it were truly streamlined, USCIS would have never let the 184 days be accumulated in the first place.
On the actual amount that you can get back depends on your tax bracket. Looks like each Dependant is worth about $5k~$6k of deductions. Assuming that you are in the 30% fed tax return bracket that would amount to around, $1.5K ~$1.8K net return. You may also be eligible for state deductions if that applies in your case, which would increase the latter amount.
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Pegasus503
02-11 06:22 PM
How about, those who made incorrect predictions to pay $50 to IV?:D
There is no such thing as an incorrect prediction....it's just the time that might be inaccurate.
There is no such thing as an incorrect prediction....it's just the time that might be inaccurate.
more...
jnraajan
01-18 11:11 AM
Yes. 2001 to 2002 was the worst period as far as job market goes. I know, a lot of my friends left the country and went back to India. I was without a job for 5 months in 2001. Luckily, I had a secure job during 9/11 and afterwards. But, if 2008 is going to be anything like 2001-02, everyone should start preparing for it. Most of the members in IV might have an option to port their jobs, thanks to AC21. But, there are so many unlucky people who will have a tough time. From my past experiences and based on the current market, I think, banking is and will be the worst hit sector. Food Products, Medical, Insurance industries should be ok.
I had a lunch meeting with the President of my consulting Company.(This is an american company). She met with a few CIO's and gave us their view points. Most of these CIO's are going to budget for new projects and products for this fiscal year and beyond. But, they said, they will be cautious in actually using the budget so early in the year.
My personal opinion, If anyone is planning to use AC21 to port jobs, please do so carefully. If you already have a stable job, it would be best to hold on to it, instead of looking for better pay at this time.
Good luck to everyone in this economy.
I had a lunch meeting with the President of my consulting Company.(This is an american company). She met with a few CIO's and gave us their view points. Most of these CIO's are going to budget for new projects and products for this fiscal year and beyond. But, they said, they will be cautious in actually using the budget so early in the year.
My personal opinion, If anyone is planning to use AC21 to port jobs, please do so carefully. If you already have a stable job, it would be best to hold on to it, instead of looking for better pay at this time.
Good luck to everyone in this economy.
amitkhare77
10-01 09:03 PM
I am taking qatar airways for my next INDIA trip :) give me green :D (just kidding)
more...
bkarnik
08-11 01:38 PM
I am in the same Boat. My PD is May 26 2004. Mine and my wife's case was transffered to Des Moines Iowa on March 19th 2008 and says its for additional processing. I applied for EAD renewal on June 11th and no approvals yet. I called uscis and they say that my ead would not be approved until the additional processing on my 485 is completed.. I am guessing it would be an interview.
Not necessarily in the same boat, although in the same pond.. :) In your case if the email says 'additional"processing and clearly indicates the DEs Moines office then it might very well be for an interview. In the case of ABH though all it says is that it was transferred to a USCIS office for "standard" processing, which could be as simple as USCIS mailing the packets from CSC to NSC.
Not necessarily in the same boat, although in the same pond.. :) In your case if the email says 'additional"processing and clearly indicates the DEs Moines office then it might very well be for an interview. In the case of ABH though all it says is that it was transferred to a USCIS office for "standard" processing, which could be as simple as USCIS mailing the packets from CSC to NSC.
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ajayabhichandani
05-24 02:56 PM
Done , send from NJ. Keep it up IV
more...
acs_78
05-28 09:42 AM
I paper filed EAD to Phoenix lock box on May 14th. Checks got cashed only yesterday. Looks like it takes at least 2 weeks.
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pointlesswait
02-06 08:19 AM
abbe ghado...
he is a worm...;-)
he is a worm...;-)
more...
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cooldudesfo
09-13 04:52 PM
I am in the exactly same situation.
I talked to my Attorney and they are going to send me Originla I-485 receipt notice. What they told me the RD on original notices is July 2, 2007.
If this is true, then I will just ignore the Aug 28, 2007 RD on my Transfer Notices.
Try to get your original I-485 from Attorney and check out what the RD is on them....
An please post here if you find anything else.
I have my EADs and APs approved already.
I talked to my Attorney and they are going to send me Originla I-485 receipt notice. What they told me the RD on original notices is July 2, 2007.
If this is true, then I will just ignore the Aug 28, 2007 RD on my Transfer Notices.
Try to get your original I-485 from Attorney and check out what the RD is on them....
An please post here if you find anything else.
I have my EADs and APs approved already.
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bugsbunny
04-11 10:25 PM
2)How long I485 will take to process after becoming current priority date
Pls post your answers below
TEXAS---
NEBRASAKA----
Thanks
slns
don't quite get your question but you may find it in the tracker here...by comparing it to the visa bulletins
http://immigrationvoice.org/tracker/tracker.php?view=2
Pls post your answers below
TEXAS---
NEBRASAKA----
Thanks
slns
don't quite get your question but you may find it in the tracker here...by comparing it to the visa bulletins
http://immigrationvoice.org/tracker/tracker.php?view=2
more...
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immi2006
05-24 12:53 PM
logiclife
Super Moderator Join Date: Dec 2005
Posts: 335
Send webfax 15
--------------------------------------------------------------------------------
Webfax to push Brownback Amendment.
Friends,
The bill will be passing the Senate soon, and most likely be finalized and voted on Thursday.
Please bear in mind, that immigration voice DOES HAVE alternate ways to get the amendments into the final text of the bill if both Cornyn and Brownback's amendment are not floored and voted in this final lap of the debate. So please be patient and please have faith.
In order to give one more push to this amendment, we urge you to send a webfax support Brownback Amendment. Its is under the webfax menu as webfax Number 15.
Please enter your real name,(full name) and your address, phone etc on the webfax before sending it. With a few clicks, your webfax will go to all 100 senators therby generating support for this amendment.
Thanks.
Jay.
I do appreciate the full intentions of our admin in asking us to send faxes,
While these discussions are going on, if we send faxes - would it draw attention to a few hundred of them ? . Certainly worth the try, without loosing anything.
(2) - I also feel that Sending it to Cornyn, Spectre, in addition may help via faxes to remind them of our problems.
(3) - I do understand that the admins have a plan to get some relief via backdoor as the admin posted in case legal immigratns donot get a significant relief in the present form as posted just now, do you really think this is feasible ? would not we bypass the senate ?
Super Moderator Join Date: Dec 2005
Posts: 335
Send webfax 15
--------------------------------------------------------------------------------
Webfax to push Brownback Amendment.
Friends,
The bill will be passing the Senate soon, and most likely be finalized and voted on Thursday.
Please bear in mind, that immigration voice DOES HAVE alternate ways to get the amendments into the final text of the bill if both Cornyn and Brownback's amendment are not floored and voted in this final lap of the debate. So please be patient and please have faith.
In order to give one more push to this amendment, we urge you to send a webfax support Brownback Amendment. Its is under the webfax menu as webfax Number 15.
Please enter your real name,(full name) and your address, phone etc on the webfax before sending it. With a few clicks, your webfax will go to all 100 senators therby generating support for this amendment.
Thanks.
Jay.
I do appreciate the full intentions of our admin in asking us to send faxes,
While these discussions are going on, if we send faxes - would it draw attention to a few hundred of them ? . Certainly worth the try, without loosing anything.
(2) - I also feel that Sending it to Cornyn, Spectre, in addition may help via faxes to remind them of our problems.
(3) - I do understand that the admins have a plan to get some relief via backdoor as the admin posted in case legal immigratns donot get a significant relief in the present form as posted just now, do you really think this is feasible ? would not we bypass the senate ?
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JAYASURESH
10-14 07:52 PM
every drops count!! there is no single solution that would buyout all the foreclosures. Immigration is one of the major factors in fueling the economy.. folks, dont tell me that the legal immigration took away the jobs of an american.. may be one or two cases, most of the cases employers could not find any US people to fill ( high tech jobs). Letting the current non-immigrants to have GC, is not going to take away the new jobs.. all these non-immigrants are already in good paying Jobs.
more...
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mrsr
03-09 02:29 PM
Pd_recapturing,
Do you have any update from Infopass about your interfiling case?
Do you have any update from Infopass about your interfiling case?
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willigetgc?
02-25 01:10 PM
With that said, let me be a devils-advocate, if you will, and ask these questions:
Given ours is a issue-based, goal-based struggle, with Goal & Issue being same for ALL EB immigrants:
--- Why should I expect all immigrants to wear any organization's badge, be dedicated to any particular/one organization, whether that Org is IV/Democrats/Republicans/Congress/BJP
--- Shouldn't I be just worried about who can SHOUT louder about my issue and less worried about the Organization that's making them SHOUT?
-----
Thanks for the discussion again.
Hypothetically speaking, let's assume all the 55,000 members in IV are active but are not organized under one umbrella (IV). Each of them have the same problem (stuck in the backlogs) and each of them approach lawmakers. Each discusses their own personal case and each of them discuss about a solution that fits them - (human nature). Some of them may be the very same provisions as IV. But will these 55,000 people mention all the provisions? chances are - No.
So, there will be no coherent messaging, even though there are 55,000 people participating simultaneously.
Second, without being an organized unit, we loose the collective strength. Say a lawmaker is interested in fixing our problems - his task will be tremendous - he probably has only 10 people who have approached his office to fix the problem - so not only does he have to find out if there is a wide range of people affected by this problem, he also has to contact each of the 10 people individually. Guess what? he too will suggest for the 10 people to join forces and be under one umbrella.
What I am trying to say is that IV has already brought us together. It has built good relations with key people in DC. It has done the ground work. Why not build on the sound foundation?
In life we are ready to be grouped as Indians, Indian-Americans, Asians, Male, Female, Married, Unmarried, Hindu, Christian, Muslim, political organizations (we believe in one or the other - independents, democrats, republicans, congress, bjp), Unions, Employees of Cisco, IBM, Desi Consulting - what is wrong in identifying oneself in a group if you believe in it? By nature we are a collective group, but we think that it is wrong/unnecessary to belong to a group! We think we are smarter for being independent. But the truth is that even the most independent of the guys lives in a society. He may not accept it, but that does not change the facts.
Bottom line is, what each one of us believe in. If we believe in a cause, we will find a way to work on it. Quantity matters only when there is quality. If we have to depend on only one, my preference would be on quality. I want the loudest person, but at the same time, I want that loud person to be shouting the message that I want - or else it defeats the purpose.
Leo, this is just my opinion, not IV's - though I would think IV will agree with me. I believe in collective strength and individual's logic to think matters through (no brainwashing!).
I have nothing more to say.
Given ours is a issue-based, goal-based struggle, with Goal & Issue being same for ALL EB immigrants:
--- Why should I expect all immigrants to wear any organization's badge, be dedicated to any particular/one organization, whether that Org is IV/Democrats/Republicans/Congress/BJP
--- Shouldn't I be just worried about who can SHOUT louder about my issue and less worried about the Organization that's making them SHOUT?
-----
Thanks for the discussion again.
Hypothetically speaking, let's assume all the 55,000 members in IV are active but are not organized under one umbrella (IV). Each of them have the same problem (stuck in the backlogs) and each of them approach lawmakers. Each discusses their own personal case and each of them discuss about a solution that fits them - (human nature). Some of them may be the very same provisions as IV. But will these 55,000 people mention all the provisions? chances are - No.
So, there will be no coherent messaging, even though there are 55,000 people participating simultaneously.
Second, without being an organized unit, we loose the collective strength. Say a lawmaker is interested in fixing our problems - his task will be tremendous - he probably has only 10 people who have approached his office to fix the problem - so not only does he have to find out if there is a wide range of people affected by this problem, he also has to contact each of the 10 people individually. Guess what? he too will suggest for the 10 people to join forces and be under one umbrella.
What I am trying to say is that IV has already brought us together. It has built good relations with key people in DC. It has done the ground work. Why not build on the sound foundation?
In life we are ready to be grouped as Indians, Indian-Americans, Asians, Male, Female, Married, Unmarried, Hindu, Christian, Muslim, political organizations (we believe in one or the other - independents, democrats, republicans, congress, bjp), Unions, Employees of Cisco, IBM, Desi Consulting - what is wrong in identifying oneself in a group if you believe in it? By nature we are a collective group, but we think that it is wrong/unnecessary to belong to a group! We think we are smarter for being independent. But the truth is that even the most independent of the guys lives in a society. He may not accept it, but that does not change the facts.
Bottom line is, what each one of us believe in. If we believe in a cause, we will find a way to work on it. Quantity matters only when there is quality. If we have to depend on only one, my preference would be on quality. I want the loudest person, but at the same time, I want that loud person to be shouting the message that I want - or else it defeats the purpose.
Leo, this is just my opinion, not IV's - though I would think IV will agree with me. I believe in collective strength and individual's logic to think matters through (no brainwashing!).
I have nothing more to say.
more...
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nowhereman
01-31 09:55 AM
Stay in the US
I went through similar circumstances and finally I found that US was the better choice
Thanks gcpool for your reply. My question though is that is it pretty much guaranteed that the green card will come through after the 140 clears? I ask because just today the USCIS website updated to say that they sent out a RFE for our 140.
The risk/reward matrix for my situation is as follows:
Stay in USA/green card comes = most assurance of good job and pay.
Go to Canada/green card denied= harder to find job and less pay, but at least not deported.
Go to Canada/green card comes = I'll survive, but there's the possibility that I'll be kicking myself for a long time.
Stay in USA/green card denied = I'll probably jump off a building. :D
So you see it pretty much all depends on how much assurance there is of getting the green card after 140 clears.
I went through similar circumstances and finally I found that US was the better choice
Thanks gcpool for your reply. My question though is that is it pretty much guaranteed that the green card will come through after the 140 clears? I ask because just today the USCIS website updated to say that they sent out a RFE for our 140.
The risk/reward matrix for my situation is as follows:
Stay in USA/green card comes = most assurance of good job and pay.
Go to Canada/green card denied= harder to find job and less pay, but at least not deported.
Go to Canada/green card comes = I'll survive, but there's the possibility that I'll be kicking myself for a long time.
Stay in USA/green card denied = I'll probably jump off a building. :D
So you see it pretty much all depends on how much assurance there is of getting the green card after 140 clears.
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snathan
06-17 03:18 PM
This is B*^#S*&^. Take this to an attorney and see if it’s legally valid. I suggest you not to sign as he puts every possible issues and make you responsible for that. I never come across any agreement like this. Normally they ask only for non-competent agreement.
Why do you care if the client does not pay your employer and why you pay for the recovery. Simply Blood suckers. Tell him that you can not sign as he did not inform you about this agreement in advance and its not fair.
Thanks
Why do you care if the client does not pay your employer and why you pay for the recovery. Simply Blood suckers. Tell him that you can not sign as he did not inform you about this agreement in advance and its not fair.
Thanks
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nchendica
09-25 01:16 PM
I don't know how much time you took to complete AMIE.
Longer is better in this case.
I finished my AMIE in three years and I am in trouble.
If you took four or more, then you are lucky.
May be you can request a letter from IE, Calcutta mentioning the timeframe you took to finish AMIE.
That helps to support AMIE is a four years degree.
Regarding MTR, may be you can tell your attorney that similar AMIE applicants got I-140 approvals and your bad luch that it got stuck.
If your ed eval says you have bachelors, then you can tell your attorney that you have the qualification and you want try one more time.
My personal recommendation is go for another new labor with EB3 and draft it accoring to your qualifications.
Once the I-140 is rejected, then it is a bad remark.
All next I-140's will be linked and tracked. So it is difficult to convince USCIS that you have bachelors. Even though you go for MTR, you can buy time and it is hard to get positive results from USCIS. This is all my guess.
It is always better to go for EB3 new labor as you have some time.
Thanks and all the best.
Here are the details of my case:
Hi All �
Please I need some help urgently!!! Here is what I am going through �� My I-140 got denied on Aug 28, 2008.
My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).
In my labor it�s clearly stated that the bachelor equivalent is needed.
Labor Priority date: 5/10/2007
8/7/2007 I-140 petition filed for EB2.
8/7/2007 Adjustment of Status applications filed.
8/7/2007 EAD application filed.
8/7/2007 Advance Parole application filed.
9/25/2007 USCIS Receipt Notice received.
10/23/2007 EAD approved and valid till Oct 2008.
6/20/2008 EAD renewal application filed.
Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.
In the mean while, my wife got a job. I asked my lawyer if it�s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.
7/1/2008 RFE Submitted
08/28/2008 I-140 / I-485 got denied
I still have valid H1.
I-94 Expiration: 4/10/2009
Estimated Final I-94 Expiration: 11/25/2011
My questions are �
Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?
How do I convince my attorney that we should go ahead and file the MTR.
Please help!!!
Thanks
Longer is better in this case.
I finished my AMIE in three years and I am in trouble.
If you took four or more, then you are lucky.
May be you can request a letter from IE, Calcutta mentioning the timeframe you took to finish AMIE.
That helps to support AMIE is a four years degree.
Regarding MTR, may be you can tell your attorney that similar AMIE applicants got I-140 approvals and your bad luch that it got stuck.
If your ed eval says you have bachelors, then you can tell your attorney that you have the qualification and you want try one more time.
My personal recommendation is go for another new labor with EB3 and draft it accoring to your qualifications.
Once the I-140 is rejected, then it is a bad remark.
All next I-140's will be linked and tracked. So it is difficult to convince USCIS that you have bachelors. Even though you go for MTR, you can buy time and it is hard to get positive results from USCIS. This is all my guess.
It is always better to go for EB3 new labor as you have some time.
Thanks and all the best.
Here are the details of my case:
Hi All �
Please I need some help urgently!!! Here is what I am going through �� My I-140 got denied on Aug 28, 2008.
My education is 10+2, 3 years diploma in engineering, AMIE in Mechanical Engineering and 2 years PGDIE (Post Graduate Diploma in Industrial Engineering). I am working with the largest enterprise software company and hence a big law firm as well. I have total 15 years of experience (12 years after AMIE, 10 years after PGDIE).
In my labor it�s clearly stated that the bachelor equivalent is needed.
Labor Priority date: 5/10/2007
8/7/2007 I-140 petition filed for EB2.
8/7/2007 Adjustment of Status applications filed.
8/7/2007 EAD application filed.
8/7/2007 Advance Parole application filed.
9/25/2007 USCIS Receipt Notice received.
10/23/2007 EAD approved and valid till Oct 2008.
6/20/2008 EAD renewal application filed.
Not sure when my lawyer got request for REF. However, I was asked to get more detailed information like transcripts / mark sheets with regards to AMIE. I submitted whatever my lawyer asked for.
In the mean while, my wife got a job. I asked my lawyer if it�s okay for my wife to start working and they said yes she can and there will not be any issue her visa status. My wife was on H 4.
7/1/2008 RFE Submitted
08/28/2008 I-140 / I-485 got denied
I still have valid H1.
I-94 Expiration: 4/10/2009
Estimated Final I-94 Expiration: 11/25/2011
My questions are �
Is there a known case of guy with AMIE got it through EB2? If so what needs to be done?
How do I convince my attorney that we should go ahead and file the MTR.
Please help!!!
Thanks
gcnirvana
06-11 03:05 PM
I wanted to share with all you guys that last Friday I went to the local CBP office and got our I-94 extended till 2010 :)
phew...what a relief it is. The officer was very polite and accepted that it was the POE Officer's mistake and told me that he blew it up. He gave us a new I-94 and struck out the number and wrote the number that was in my old I-94. He also updated that info in the system.
Thanks for all your help.
phew...what a relief it is. The officer was very polite and accepted that it was the POE Officer's mistake and told me that he blew it up. He gave us a new I-94 and struck out the number and wrote the number that was in my old I-94. He also updated that info in the system.
Thanks for all your help.
OLDMONK
07-12 12:52 AM
Forget Identity theft. What about you bank statement showing balance, your W2, other value of assets, your children ages with pictures along with your FULL RESIDENTIAL ADDRESS / WORk ADDRESS / PHONE goes to an unknown source.
Most important information about you which can lead to a crime against you.
Its a scary situation.
So yes my concern would be personal / family safety more that barely credit history which can only do financial harm.
but probability of all the above happening is low.
Most important information about you which can lead to a crime against you.
Its a scary situation.
So yes my concern would be personal / family safety more that barely credit history which can only do financial harm.
but probability of all the above happening is low.