amsgc
03-31 03:08 PM
This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
Immigration and Tax Filing are not at all related.
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
Immigration and Tax Filing are not at all related.
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joydiptac
05-25 02:01 PM
Apply for AP - 350 bucks. If you application is valid - you will get it.
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
All the best!
reddy77
08-09 08:10 AM
Even I did the same thing, MY PD was current in July Bulletin, So I applied (Premium processing) for 3 years extension based on approved 140 in Jun 2nd week and got the approval in Jun 3rd week for 3 years ...
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lacrossegc
09-06 03:56 PM
keep in perspective that --
H1B Visa is a travel document required for entry into US.
The green Card is for sponsorship towards FUTURE employment.
In all cases I dont see any problem with what you are planning to do ...
as soon as you adjust your status you can move back to US provided your company gives you the same/similar job as you were approved for by the green card.
H1B Visa is a travel document required for entry into US.
The green Card is for sponsorship towards FUTURE employment.
In all cases I dont see any problem with what you are planning to do ...
as soon as you adjust your status you can move back to US provided your company gives you the same/similar job as you were approved for by the green card.
more...
beemboy
10-31 10:33 AM
Guys, I need to reschedule visa appointment through the vfs website. I understand we have to cancel our appointment to reschedule; However, I am not sure if we have to fill out all the applications ( DS-156 & DS-157 ) again?
Did anyone go through this? Please let me know.
Did anyone go through this? Please let me know.
tnite
08-10 09:02 AM
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
bump
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
bump
more...
gsrknth
08-22 12:16 PM
My RD is 7/2/08, still waiting for approval, not even an LUD after notice date. I see EB2 folks getting renewals within 30 days or so. Isn't this descrimination?
I am EB2 and EAD approval tool almost 60 days. Some folks got it in 30 days during June/July before implementing 2 yr EAD. I didnot hear anyone getting it in 30 days or less . May be some lucky ones are getting.
I am EB2 and EAD approval tool almost 60 days. Some folks got it in 30 days during June/July before implementing 2 yr EAD. I didnot hear anyone getting it in 30 days or less . May be some lucky ones are getting.
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mrdelhiite
07-20 10:09 AM
I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
""""2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.""" --> FYI delhi still has August 3 onwards visa dates
1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?
2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.
3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.
Any suggestions from the community out there?
""""2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.""" --> FYI delhi still has August 3 onwards visa dates
more...
nozerd
02-24 12:20 PM
pitha,
they dont need tuition waiver. they pay in state anyway. Only drawback is they cant get on campus job and cant get OPT.
Advantage is they can go part time and take less coursework (dont have to take min 9 credit hrs). They can even take a semester off without worrying about status.
they dont need tuition waiver. they pay in state anyway. Only drawback is they cant get on campus job and cant get OPT.
Advantage is they can go part time and take less coursework (dont have to take min 9 credit hrs). They can even take a semester off without worrying about status.
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aadimanav
10-26 01:43 AM
It looks like the posts under the IV Home Page Rcent Forum Posts Section no longer show up in descending order of last-update date. Is this intentional?
more...
vivache
09-26 05:14 PM
"Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question."
Unintelligent question .
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ??)
Unintelligent question .
What time frame do we expect this to kick in .. if it does?
(I know you can't give a definite date .. but just curious)
Also how optimistic are we (IV lawyers) of getting this one in? (good chance, medium chance ??)
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dealsnet
09-08 12:12 PM
Collect from whom?
You are not giving any credit card info.
Did they collect from India?
I don't think India will have that facility.
Could be collect call. I would not trust this.
You are not giving any credit card info.
Did they collect from India?
I don't think India will have that facility.
Could be collect call. I would not trust this.
more...
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mani_r1
07-11 04:03 PM
When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
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ags123
07-26 12:40 PM
spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
more...
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raysaikat
05-24 05:43 PM
... My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year ...
One point to add: If your husband did not get AP before going out and/or stayed outside for too long and/or did not file taxes in US, etc., then it is possible that he has abandoned his GC application, in which case the dependent's EAD also becomes invalid.
One point to add: If your husband did not get AP before going out and/or stayed outside for too long and/or did not file taxes in US, etc., then it is possible that he has abandoned his GC application, in which case the dependent's EAD also becomes invalid.
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pnara2
01-24 10:04 AM
Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??
Thanks,
Prasad.
Thanks,
Prasad.
more...
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ArkBird
12-12 04:22 PM
Yes. If the company financials are problem, you may have the same problem with EB3. I suggest, get paid consultation from some reputed lawyers.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
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21stIcon
05-04 01:07 PM
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
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gcpool
07-08 12:43 PM
Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.
When the papers are prepared, attorney will send it to the candidate to review and sign it. Dint you find the flaws then? if not, then it is your mistake and the attorney will bill you for sure.
My attorney sent a draft from for me to fill it out. I filled it in and sent it back to him. He filled the original seeing the information from the draft with lots of mistakes. Then he sent the filled original to me. I have to review it again and fix all the errors. Then he corrected it and sent it back to me. Then again I have to review and sign. So the responsibility lies on me and not with Attorney.
When the papers are prepared, attorney will send it to the candidate to review and sign it. Dint you find the flaws then? if not, then it is your mistake and the attorney will bill you for sure.
My attorney sent a draft from for me to fill it out. I filled it in and sent it back to him. He filled the original seeing the information from the draft with lots of mistakes. Then he sent the filled original to me. I have to review it again and fix all the errors. Then he corrected it and sent it back to me. Then again I have to review and sign. So the responsibility lies on me and not with Attorney.
Prashanthi
12-03 05:13 PM
I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
tnite
08-06 04:06 PM
bump
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