wandmaker
01-02 02:30 AM
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
If time is not the key then please submit the documents/information requested by consular post. At the worst case scenario, you can very well use AP to re-enter and EAD to continue employment. Get a second opinion with your attorney. Good luck
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pointlesswait
03-16 11:07 AM
Dont use turbotax for ur taxes..?
use 1040-nr-ez...paper file it and get more...
if i am not mistaken.. you can claim rental expenses as deductions if u are on ur first year of H1(only the 1st year)...also since u moved from chi to cin.. you can also claim..job related relocation expense..blah blah..do if u do itemized decuations..u shoudl be able to get truckload of money..... so seek a desi tax guy..
just ask around..
Hi,
How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?
Also,
8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
3 Months of the H1B was in Chicago.
Can I use Turbo Tax to file my taxes or should I go to an accountant?
I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".
I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.
Thanks,
Deejay
use 1040-nr-ez...paper file it and get more...
if i am not mistaken.. you can claim rental expenses as deductions if u are on ur first year of H1(only the 1st year)...also since u moved from chi to cin.. you can also claim..job related relocation expense..blah blah..do if u do itemized decuations..u shoudl be able to get truckload of money..... so seek a desi tax guy..
just ask around..
Hi,
How do I file my taxes when I was on an OPT for 9 months and 3 months on H1B?
Also,
8 Months of the OPT was in Cincinnati and 1 Month in Chicago.
3 Months of the H1B was in Chicago.
Can I use Turbo Tax to file my taxes or should I go to an accountant?
I got 2 w2 forms from my employer. 1 for the time I worked in Cincinnati and 1 for Chicago. I am not sure if they are 2 different w2 forms or just 1, because on 1 of the w2 forms it says "1 of 2 w2 form" and on the other it says "2 of 2 w2 form".
I am pretty confused, so if anyone was in a similar situation can please let me know what they did, that would be great.
Thanks,
Deejay
Jaime
09-07 03:05 AM
How many more before Congress acts?
COME WITH US TO WASHINGTON TO TELL CONGRESS THAT WE'VE ALREADY WAITED LONG ENOUGH!!!!
How many more of us need to leave???? Let's not wait and find out! We love the United States and want to continue to contribute to its growth, world leadership and well-being. Don't let short-sighted politicians prevent you from securing what you have rightfully earned: The Right to contribute to the U.S. in peace and freedom, without abuse, without discrimination, and without the constant threat of being uprooted and kicked out the door like a piece of used old furniture!!!
COME WITH US TO WASHINGTON TO TELL CONGRESS THAT WE'VE ALREADY WAITED LONG ENOUGH!!!!
How many more of us need to leave???? Let's not wait and find out! We love the United States and want to continue to contribute to its growth, world leadership and well-being. Don't let short-sighted politicians prevent you from securing what you have rightfully earned: The Right to contribute to the U.S. in peace and freedom, without abuse, without discrimination, and without the constant threat of being uprooted and kicked out the door like a piece of used old furniture!!!
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franklin
09-23 02:42 AM
FWIW - I never got any copies of receipts, just the numbers, from my attorney
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raysaikat
01-06 02:06 PM
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
chi_shark
10-16 12:27 PM
look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".
my 2 cents.
may be not related ... but can someone explain what does this line mean ...
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
my 2 cents.
may be not related ... but can someone explain what does this line mean ...
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
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puskeygadha
05-22 10:15 AM
Hello -
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
if they are to terminate concurrent filing. How long would it take for
the rule to take place. This includes 2 months comment period and all
Thanks
P :)
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sreenivas11
10-03 05:10 PM
Now they are implementing in VA State too
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indio0617
10-23 11:38 AM
Significance of Priority date???
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasable) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasable) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.
I think 485 processing is not dependent on PD being current. It is only the adjudication or final approval for which the PD needs to be current.
All 485 processing takes place based on it's receipt date and after it is complete the application is put on hold for approval untill the PD becomes current for that application.
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haider420
06-12 07:54 AM
hello,
were u able to find more information on applying for H1B through non-profit? can you send me the links? thanks.
were u able to find more information on applying for H1B through non-profit? can you send me the links? thanks.
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srikondoji
07-17 02:21 PM
Go little bit more SOUTH and you will end up in NORTH and this is called optimism and i love this optimism over pessimism.
Everybody had different sources and those sources have their own sources.
So, sometimes your sources are wrong and relying them we tend to go wrong. Thats all to it.
However, iam of the view that we should believe all the sources both negative and positive and then make your educated guesees.
This is my guess
There will be relief but not to everyone.
USCIS/DOS will announce the news without an apology, but it will not please everybody.
They will accept few applications just to nake their case stronger and remove the teeth of AILF lawsuit.
USCIS/DOS is ready to take head on with AILF but only after making their asses stiff.
USCIS/DOS knows their bad deeds but is not passing all of it to its masters.
Masters are saying why we need to bend over, lets take on these immigrants.
At the end few will be fired and few will resign from USCIS and DOS with fewer I-485 applications accepted from July 2.
Thats all.
Everybody had different sources and those sources have their own sources.
So, sometimes your sources are wrong and relying them we tend to go wrong. Thats all to it.
However, iam of the view that we should believe all the sources both negative and positive and then make your educated guesees.
This is my guess
There will be relief but not to everyone.
USCIS/DOS will announce the news without an apology, but it will not please everybody.
They will accept few applications just to nake their case stronger and remove the teeth of AILF lawsuit.
USCIS/DOS is ready to take head on with AILF but only after making their asses stiff.
USCIS/DOS knows their bad deeds but is not passing all of it to its masters.
Masters are saying why we need to bend over, lets take on these immigrants.
At the end few will be fired and few will resign from USCIS and DOS with fewer I-485 applications accepted from July 2.
Thats all.
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boreal
09-23 12:07 PM
Hi boreal,
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
Thanks seeking_GC..i dont have such emergencies though...not visiting home country for four years probably wont qualify as an emergency :-)
I had a problem with my wifes AP- they had not acted on it for 4 months I asked them to expedite it since we wanted to visit my father in law who was hospitalized for a medical condition- they did not respond to that request so I contacted my Senators office and asked if they could assist in this matter. They asked me for some medical documentation and faxed it to USCIS.. I noticed yesterday that her online status had changed to document mailed..we are still to get it but are optimistic that we should receive it soon.
In the absence of any compelling circumstances though I am not sure how it would work. but I would definitely recommend contacting your Senators office.
Thanks seeking_GC..i dont have such emergencies though...not visiting home country for four years probably wont qualify as an emergency :-)
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daishwarya
07-20 03:03 PM
@Sanjay, sent you a private message. Please check.
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himu73
12-08 10:43 AM
I was also asked similar questions about status. but that was mostly to check if I am not on student visa status. they do not care if you are on H1
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rani77
02-06 07:30 PM
arjun007
Did u surrender your I 94s when leaving for Canada???
Also if you did ,did the POE officer issue you a new I 94 when you re entered US??
I am asking because i have heard different verisons when u visit canada
Please let me know ,we might be planning a trip to Canada soon
and our H1 stamp is expired so we might go for stamping.
Also please post about your canada visa details.
Thx
Did u surrender your I 94s when leaving for Canada???
Also if you did ,did the POE officer issue you a new I 94 when you re entered US??
I am asking because i have heard different verisons when u visit canada
Please let me know ,we might be planning a trip to Canada soon
and our H1 stamp is expired so we might go for stamping.
Also please post about your canada visa details.
Thx
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raj2007
06-21 03:54 AM
IN the same context, how about EAD.
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
No you will get all the benefits of I-485 filing lik EAD and AP. Only your 485 processing will suspend till your PD are current again.
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
No you will get all the benefits of I-485 filing lik EAD and AP. Only your 485 processing will suspend till your PD are current again.
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kaisersose
05-30 10:17 AM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.
H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.
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gvenkat
02-23 12:00 AM
2 friggin days... man they got to be kidding... :eek::eek::eek: at this rate it will take me 15 months to get my 140 approved... mine was filed on july 27th.....
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jayleno
10-13 05:19 PM
While I feel your pain, I still have a question:
How can you expect them to reach new goals when they are not even reaching their existing golas?
For example,
Honoring the priority date,
Processing in sequence,
Approving in the expected 90 days,
....
...
..
bottom less list.
Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.
First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.
Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.
EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.
Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....
How can you expect them to reach new goals when they are not even reaching their existing golas?
For example,
Honoring the priority date,
Processing in sequence,
Approving in the expected 90 days,
....
...
..
bottom less list.
Well you are correct I am trying to draw attention because as a saying "you will only know the pain when you walk the line". My company attorneys delayed the filings. I am not blaming anyone but myself. However, the fact of the matter is to find out a way to address this issue which is going to help everyone else. I do not knonw how long my particular case might take but since I am in the process I understood the issue.
First, when you apply in advance, yeah the possibility of approval before existing application expiration is very high. But you will end up loosing the EAD period from the date of approval to the date of last expiration. This is a loss for us.
Second, a renewal should only take less time as it takes for Drivers license. It is not AP where they have to validate your last entry etc etc.
EAD renewal adjudication should be separate from rest of all application processing and should shrink the timline.
Imagine my case. My wife was searching for jobs since her first EAD and now she got one but lack of EAD is going to cause her to loose it.....
anilsal
08-21 02:04 PM
not only that you got GC but also you made a one time contribution to IV.
kish006
12-27 09:13 AM
I have H1 upt 2010 with Visa. Its for my wife I am worried. She got her H1 1 year back and she is working from past 4 months. She is has to India as her Grandfather is sick he want see her before.....
Any possible to get sooner. She is stuck here even thought her AP is approved(with wrong picture).
Any possible to get sooner. She is stuck here even thought her AP is approved(with wrong picture).
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