anilsal
12-14 11:49 AM
Are we calling the Senator's office for taking up the cause for CIR?
I presume he is a democrat. Can we request him to take into consideration, skilled immigration?
I presume he is a democrat. Can we request him to take into consideration, skilled immigration?
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gcnotfiledyet
02-28 01:52 PM
For any given fiscal year, either you are on f1 or h1. If for majority of the year (>183days) you are on f1 then claim as f1 for the whole year otherwise its h1.
If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.
If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.
Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.
If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.
If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.
Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.
sagar_nyc
04-02 05:17 PM
yes , I 140 they will ask details about employer only
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
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gc_check
03-13 10:30 PM
Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
http://www.murthy.com/mb_pdf/030609_P.html
See under Improper Denials of I-485 AOS on Priority Date Issue
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
http://www.murthy.com/mb_pdf/030609_P.html
See under Improper Denials of I-485 AOS on Priority Date Issue
more...
ronhira
12-19 09:15 AM
History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
waitingnwaiting
11-29 10:22 AM
This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help??
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
First people who do not have greencard should support.
Right now we do not even have 1% of those people part of IV
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
First people who do not have greencard should support.
Right now we do not even have 1% of those people part of IV
more...
smartboy75
10-17 03:51 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
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mrane1
07-18 04:19 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
more...
morchu
05-04 04:37 PM
That I agree.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
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deecha
06-18 02:02 AM
Hi,
My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.
My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.
If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?
Any one, Please kindly give your suggestions.
Thanks
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.
My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.
If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?
Any one, Please kindly give your suggestions.
Thanks
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
more...
speddi
09-16 10:31 AM
I found the address where we need to send the AP Renewal application if using non-usps carriers.
USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)
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DSJ
06-21 02:50 PM
You might save lot of money if you don't apply 485
Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?
Did somebody do research on getting the correct/valid photos for I 485 in the cheapest possible way ?
more...
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nkavjs
09-26 01:11 AM
I am Primary on H1B working 30 hrs base as a full-timer with benefits. If I understood you correctly I can lower my base to 20 hrs per week (without benefits) and still be on H1B visa?
wow..I hope this is true. Pls. let me know.
Thanks
RPH
wow..I hope this is true. Pls. let me know.
Thanks
RPH
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gc_peshwa
09-13 10:52 PM
Realistically I feel we (i.e. High Skilled Immigrant community) what the Jews went through during WWII at the hands of the Nazis.
Cornered from ALL sides.
Helpless.
Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
And finally about to be MASSACRED. (at the hands of the Obama's of this world)
US is no longer attractive to top immigrant talent that actually made USA what it is today.
Cornered from ALL sides.
Helpless.
Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
And finally about to be MASSACRED. (at the hands of the Obama's of this world)
US is no longer attractive to top immigrant talent that actually made USA what it is today.
more...
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Ramba
04-09 07:12 PM
That is Wrong. He can enter on H1 still maintain I-485. H1 can be from any compnay.There is reason why H1 is called as dual intent visa.
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
Read carefully. If a person not maintaining H/L/K/V status just before leaving US (and maintaining only AOS) and left the country without perior approval of AP, is considered he/she abondened the 485. Thats all. After abondment of 485, it does not matter how he re-enters. He can enter on J1, B1, H1. It does not matter.
One MUST NOT leave US with out approval of AP, if he/she maintains only AOS. Only H/L/K/V status holders can leave USA without obtaining AP, and continue to remain in that status after arrival. All others must get AP. Ofcouses, this guy lost his H1 status, after leaving his previous employer and working on EAD.
So do not post wrong info...
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alucard666
08-28 03:11 PM
Something like this would have been in their news section but I just logged on and there is nothing there.
more...
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desi485
11-11 01:04 PM
Priority Date Current: Curse or Boon ?
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.
edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
(http://www.ilw.com/articles/2006,0321-murthy.shtm)
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.
edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
(http://www.ilw.com/articles/2006,0321-murthy.shtm)
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gc_chahiye
02-10 06:13 PM
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS has been playing around with the definition of backlog... I believe the recent changes indicate that from now on only approvable cases will be considered a part of backlog. Meaning:
- if your PD is not current, or
- if your namecheck has started and is pending for <180 days
your case does not even count as a backlogged case... When they say they'll clear backlogs by 2010 what they mean is all approvable cases (PD current and Namecheck either clear or 180 days old) will be approved within the published timeframes (12-18 months for I-485).
For people stuck in retrogression such backlog reduction efforts have almost no meaning...
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS has been playing around with the definition of backlog... I believe the recent changes indicate that from now on only approvable cases will be considered a part of backlog. Meaning:
- if your PD is not current, or
- if your namecheck has started and is pending for <180 days
your case does not even count as a backlogged case... When they say they'll clear backlogs by 2010 what they mean is all approvable cases (PD current and Namecheck either clear or 180 days old) will be approved within the published timeframes (12-18 months for I-485).
For people stuck in retrogression such backlog reduction efforts have almost no meaning...
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ramaonline
01-10 07:24 PM
EAD Renewal can be filed if EAD has expired or will expire within 120 days. The process is the same for both and can be done on your own - Its really simple
If you efile you have to go for biometrics. If you paper file you need to send photos. I don't think there is much difference in the time for approval
If you efile you have to go for biometrics. If you paper file you need to send photos. I don't think there is much difference in the time for approval
gc_kaavaali
11-21 10:01 PM
Happy Thanksgiving to all IV members.
thesparky007
04-25 07:25 PM
thanks
slowroasted
slowroasted
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