Flash-Matic
10-28 10:46 PM
good thing i brought an umbrella :)
wallpaper Mickey amp; Minnie Mouse
Almond
02-10 08:52 AM
Saurin did you mean yes you do have a pending I 485, because that was her question.
forever
07-27 03:33 PM
First Step: Filter out applications based on priority date eligible as per the visa bulletin date.
Second Step: Process based on receipt date within the applications filtered out in the first step.
Second Step: Process based on receipt date within the applications filtered out in the first step.
2011 as Mickey Mouse Valentine
kshitijnt
02-07 05:02 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
more...
samswas
06-22 12:55 PM
My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
If I'm in your situation, I would do this ----------
Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
If I'm in your situation, I would do this ----------
Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.
wandmaker
06-19 08:04 AM
This document is mandatory - why don't you either ask your lawyer for a copy or call up USCIS and explain the case. Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.
Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
more...
monkeyman
10-19 09:07 AM
Q : What if I need advance parole? NEW
We anticipate completing the receipting of the I-131 documents by the end of October 2007. Due to the heavy volume of cases, we are encouraging customers to wait until the end of October before inquiring about their case. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit your local USCIS office or call the National Customer Service Center (NCSC) at 1-800-375-5283. When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.
We anticipate completing the receipting of the I-131 documents by the end of October 2007. Due to the heavy volume of cases, we are encouraging customers to wait until the end of October before inquiring about their case. If special circumstances exist and advance parole is needed quickly, please make an InfoPass appointment to visit your local USCIS office or call the National Customer Service Center (NCSC) at 1-800-375-5283. When you visit the local district office, be prepared to explain the need for urgent travel, provide the U.S. Postal Service tracking number associated with the original application filed, and the date the application was received at the Service Center where you filed.
2010 Mouse Valentine#39;s Day
bigboy007
10-30 07:17 AM
what does ur online status show btw? also ur dep's earlier checks havent cashed right ? dumb Q :-( one of my friend got in to similar situation he sent it back and checks cashed not sure how much did he sent though.
more...
saketkapur
03-24 03:38 PM
She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
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kondur_007
09-15 11:17 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
more...
485Mbe4001
09-27 01:45 PM
I suggested the same when i met with the congressmen. There should be a MAXIMUM processing limit, it is unfair to suck our blood till eternity. They understand but cannot do anything without a consensus.
Set a time frame and give a result accepted or denied or something. We can plan our lives accordinly even animals slaughtered according to a schedule.:mad:
With the way things are going, it might soon make more sense to be illegal anyway :D
Maybe our message needs to be
CONSIDER LEGALS BEFORE ILLEGALS
or
GUARANTEE MAXIMUM TIME FOR GC PROCESSING
aka if your GC is not processed in 1 year (or some known reasonable length of time) from getting your 485, they should just automatically approve
Set a time frame and give a result accepted or denied or something. We can plan our lives accordinly even animals slaughtered according to a schedule.:mad:
With the way things are going, it might soon make more sense to be illegal anyway :D
Maybe our message needs to be
CONSIDER LEGALS BEFORE ILLEGALS
or
GUARANTEE MAXIMUM TIME FOR GC PROCESSING
aka if your GC is not processed in 1 year (or some known reasonable length of time) from getting your 485, they should just automatically approve
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ar
02-04 05:35 PM
What would you need done
I'll help out
I'll help out
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house quot;Mickey Mouse and Minnie Mouse
pcs
07-18 08:12 AM
Guys can you keep this thread up please ????
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pd_recapturing
02-29 03:16 PM
Oh my God. This is too much. I cant believe it that these desi blood suckers employers can go to that level. This is height of explotation that person even does not know that when exactly his labor and I140 got applied.
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Jimi_Hendrix
12-16 02:51 PM
USCIS refuses to give this data to anybody. They are not willing to give any break up.
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sin94
03-08 08:50 PM
Sorry folks did not get to update this discussion as things have dramatically changed in past couple of months
On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.
No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.
Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear
I just hope others do not go through the same harrowing story as mine.
That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient
On January 15th the online status Changed to "Approval Notice sent", :D We waited a week and my company and lawyers received each a copy of the approval notices.
No idea what was the catalyst behind the U-turn from the USCIS (please note we still have not received the RFE response from USCIS) weather it was the Lawyers letters,1-800 calls, infopass visit or AILA intervention.
Call it the luck / divine intervention I am so lucky this step being cleared now just have to wait for the final 485 stage to clear
I just hope others do not go through the same harrowing story as mine.
That said USCIS was and is a big black hole :mad:, any information requested is swallowed and no response will be provided, just hope for the best and be patient
more...
makeup Dizpins News Archives February
shar533
04-30 12:38 PM
Gator, I wish I could answer that part.While I was doing research on AVR on this forum and other Google results, I think I did read somewhere that using AVR might affect adversly on AP application.
You know, 1 thing I did b4 going out was to go on CBP official website, went to Ask a Question and asked my question. I got reply same day from an official Chris. I printed that question and answer page and took with me, just in case. But everything was fine.
You know, 1 thing I did b4 going out was to go on CBP official website, went to Ask a Question and asked my question. I got reply same day from an official Chris. I printed that question and answer page and took with me, just in case. But everything was fine.
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pd_recapturing
10-31 08:02 PM
This topic has been discussed a zillion times in this forum. Please search all the threads.
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wellwishergc
03-01 04:15 PM
Logiclife,
That makes perfect sense.
My question is - Is it possible that all clauses related to illegal immigration will be striked off, while legal will go through? To my understanding, the main objective of this bill is to solve the issue of illegal immigration. Legal immigration is just an additional section.. My fear again is - will the whole bill be discarded just because of the contentious illegal immigration aspects in the bill?.. Is there a way to pass the legal immigration relief measures without a bill?.. something like an amendment to the existing law?
Thanks for taking the interest and posting the comment.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
That makes perfect sense.
My question is - Is it possible that all clauses related to illegal immigration will be striked off, while legal will go through? To my understanding, the main objective of this bill is to solve the issue of illegal immigration. Legal immigration is just an additional section.. My fear again is - will the whole bill be discarded just because of the contentious illegal immigration aspects in the bill?.. Is there a way to pass the legal immigration relief measures without a bill?.. something like an amendment to the existing law?
Thanks for taking the interest and posting the comment.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
dush0805
11-25 01:32 PM
I am in the same position guys, I have a approved H1b visa (started oct 2010), I am flying to mumbai through Munic, so I probably wont need a transit visa....
But let me ask you a dumb question, what does AP stand for?
But let me ask you a dumb question, what does AP stand for?
gc_chahiye
09-17 02:35 AM
I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.
So, I have two questions and need advice.
1. When should I start working for Company A, upon approval of EAD or approval of GC.
Ideally, I would like to start working for Company A upon approval of GC.
2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.
Please let me know if anyone has similar situation and need what the reality is when EAD is approved.
Thanks.
Kum25
you dont need to start working for the company that sponsored your GC until you get the GC. If USCIS ever sends an RFE that company needs to confirm to USCIS that the job offer is open to you and provide a copy of the offer letter (it should match the LC). Your intent to work for that company on getting a GC should also be obvious (ie. if you currently make 5X what that company is offering for the GC job, you might have to convince the IO that you really intend to take up that offer).
In the meantime you can do whatever you want at company B, either on H1 or on EAD.
So, I have two questions and need advice.
1. When should I start working for Company A, upon approval of EAD or approval of GC.
Ideally, I would like to start working for Company A upon approval of GC.
2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.
Please let me know if anyone has similar situation and need what the reality is when EAD is approved.
Thanks.
Kum25
you dont need to start working for the company that sponsored your GC until you get the GC. If USCIS ever sends an RFE that company needs to confirm to USCIS that the job offer is open to you and provide a copy of the offer letter (it should match the LC). Your intent to work for that company on getting a GC should also be obvious (ie. if you currently make 5X what that company is offering for the GC job, you might have to convince the IO that you really intend to take up that offer).
In the meantime you can do whatever you want at company B, either on H1 or on EAD.
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