amsgc
03-31 06:03 PM
I hate to be nitpicky here, but that is not what Ronnie said.
Ronnie stated in no uncertain terms that "Immigration and Tax Filing are not at all related". This statement, in any which way you look at, is factually incorrect. Unfortunately it perpetuates the misconception that your non-immigrant status (which is an integral topic in the subject of immigration) has nothing to do with your taxes. In fact, many people often make this mistake, only to be corrected when presented with the 1040 instructions, and Publication 519.
If Ronnie had said something to the effect that filing jointly or separately will not have an affect on your immigration status or Green Card application, then I might not have objected. However, it should be filed in compliance with the law.
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
Ronnie stated in no uncertain terms that "Immigration and Tax Filing are not at all related". This statement, in any which way you look at, is factually incorrect. Unfortunately it perpetuates the misconception that your non-immigrant status (which is an integral topic in the subject of immigration) has nothing to do with your taxes. In fact, many people often make this mistake, only to be corrected when presented with the 1040 instructions, and Publication 519.
If Ronnie had said something to the effect that filing jointly or separately will not have an affect on your immigration status or Green Card application, then I might not have objected. However, it should be filed in compliance with the law.
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
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andycool
12-14 05:14 PM
Well, you have to quit job in USA before moving to India. When you go out of USA, your H1-B status is gone. Read gain, your H1 status is gone. So your spouse can not be on H4.
You should consider getting professional advice both for your immigration issues as well as your personality disorder.
Get a life!!!
________________
Not a legal advice.
kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...
hope this helps
Thanks
You should consider getting professional advice both for your immigration issues as well as your personality disorder.
Get a life!!!
________________
Not a legal advice.
kavitha Tell your husband go file for a new H1B for him or file a F1 , if not once your company withdraws your H1B petition he is out of status and will be come illegal ...
hope this helps
Thanks
javadeveloper
07-18 10:04 PM
I FOUND THIS URL https://efiling.uscis.dhs.gov/efile/ , can someone pls confirm
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puskeygadha
07-08 02:47 PM
is this becuase of arranged marriage? immigrants like us have to
go back home find girl quickly and get married..its just like
similar way we get screwed in the hopes of green card..
i believe arranged marriage can be hard but we can grow together
given time and patience
go back home find girl quickly and get married..its just like
similar way we get screwed in the hopes of green card..
i believe arranged marriage can be hard but we can grow together
given time and patience
more...
anilsal
08-03 12:49 AM
Very well said. We need legislation and for that to happen, grass roots efforts from IV to end this retrogression.
Now get back to becoming a contributing member plus supporting IV efforts by opening/joining your state chapter and meeting local law makers.
Now get back to becoming a contributing member plus supporting IV efforts by opening/joining your state chapter and meeting local law makers.
indianabacklog
10-27 05:04 PM
I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.
Sorry you had trouble finding the location. The intersection of roads was the nearest I could suggest.
Two of is. infact three including Ulises wife Dana were there. The Starbucks we were at was next to Panera Bread on the corner near a large Kohls store and Walmart.
Once again I am sorry not to have had the chance to meet you today.
Please feel free to send me a PM, give me a telephone number and I will call you.
Sorry you had trouble finding the location. The intersection of roads was the nearest I could suggest.
Two of is. infact three including Ulises wife Dana were there. The Starbucks we were at was next to Panera Bread on the corner near a large Kohls store and Walmart.
Once again I am sorry not to have had the chance to meet you today.
Please feel free to send me a PM, give me a telephone number and I will call you.
more...
naturopathicpt
06-29 01:46 PM
Hi Atty. Prashanthi, I signed a contract from my local Philippine recruiter who brought me here in the US. My recruiter made a hardcopy of terms and agreement and gave my employer and I a copy to sign on. The agreement inlcudes if and when I breach the contract, I have to pay all the expenses incurred by my employer to bring me here in the US (immigration fees, recruitment fees, etc.). I would just like to know if there is a law that allows recruiters to hold employees through this agreement.
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dhiru
08-03 03:16 PM
I have similar issue, I have applied for the EAD renewal on May 18th and received the notice on May 24th. My EAD is expiring on August 18th, and still have not heard back from USCIS. I have called the USCIS on July 26th and opened a service request, but it got rejected asking me to wait for 90 business days. What are my options ?
a. Can I still keep working?
b. Should I quit my job?
c. Can I take unpaid vacation?
Please help...
Thnx.
a. Can I still keep working?
b. Should I quit my job?
c. Can I take unpaid vacation?
Please help...
Thnx.
more...
dingudi
03-09 03:34 PM
Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
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gcnirvana
11-14 07:44 PM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
It happened to me 3 years ago. They moved a bunch of LCs (from my company and also other companies in that region) from RIR to TR stating "unstable market" reasons. If your company has a freeze on hiring or a lot of lay-offs then it might happen. As USCIS claim to process all LCs by Sep 2007, you might want to wait till that and then decide on a future course of action. Or if you don't have a lot of wiggle room in your H1 then you can try the PERM route and atleast get your I-140 cleared.
As for me, I did just that and am in a much better position in my new company (in both, what I do and how much I earn). I am not suggesting you do the same thing but am just letting you know that there is always a way around this misery. Just dont get dejected; do a lot of thinking; talk to your friends/well wishers/family and then decide.
Just my 2 cents...
Good Luck!
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
It happened to me 3 years ago. They moved a bunch of LCs (from my company and also other companies in that region) from RIR to TR stating "unstable market" reasons. If your company has a freeze on hiring or a lot of lay-offs then it might happen. As USCIS claim to process all LCs by Sep 2007, you might want to wait till that and then decide on a future course of action. Or if you don't have a lot of wiggle room in your H1 then you can try the PERM route and atleast get your I-140 cleared.
As for me, I did just that and am in a much better position in my new company (in both, what I do and how much I earn). I am not suggesting you do the same thing but am just letting you know that there is always a way around this misery. Just dont get dejected; do a lot of thinking; talk to your friends/well wishers/family and then decide.
Just my 2 cents...
Good Luck!
more...
hebron
06-21 10:58 AM
Hi Guys,
Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.
Job description when I was hired: (software engineer): Understand client requirements, design, document and develop object-oriented software solutions; debugging and code review, unit tetsing code for all logic and flow, participates in the test review thorugh test review and analysis. Experience require 2-4 years.
My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.
Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.
Job description when I was hired: (software engineer): Understand client requirements, design, document and develop object-oriented software solutions; debugging and code review, unit tetsing code for all logic and flow, participates in the test review thorugh test review and analysis. Experience require 2-4 years.
My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.
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hope2007
05-22 11:20 AM
plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
;)
;)
more...
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my_gc_wait
08-10 12:16 PM
yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)
Thank you my_gc_wait.
Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.
Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.
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tijuanense
11-23 04:09 PM
The Real Tijuana (http://realtijuana.blogspot.com/) is a blog that began this month in order to describe Baja California from the inside. People who actually live in Tijuana address issues of local culture, medicine, cuisine, and history with the goal of making tourism less intimidating and more rewarding.
Thanks to you, Prem, we will start running items on transportation this week.
Tijuana is surprisingly peaceable in spite of the bad press.
Thanks to you, Prem, we will start running items on transportation this week.
Tijuana is surprisingly peaceable in spite of the bad press.
more...
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hopefulgc
03-08 12:57 PM
AFAIK, I-140 is the underlying petition for the I-485. If I-140 is denied, the i-485 is automatically denied.
Move fast, start a PERM and see if u can lock in a date.
i missed the second part of your question.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
Move fast, start a PERM and see if u can lock in a date.
i missed the second part of your question.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
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Eb3_frustrated
07-31 11:09 AM
Your wife can work as along the date on EAD is valid, EAD is employee authorization, it not a visa status unlike H4. She can have a EAD and be on H4 at the same time. It does not matter if you filed an extension for H4 but she can work if the EAD is valid ie end date on EAD has not passed.
This is just my thought based on my experience, remember I am not an attorney, consult one if you need dependable answer.
This is just my thought based on my experience, remember I am not an attorney, consult one if you need dependable answer.
more...
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TwinkleM
12-10 11:16 PM
Pls. find the answers in red ink below. Also, all the answers are based on personal experience.
on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.
Until when can I stay in the us?
The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.
Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?
Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.
How long does the appeal process take ?
It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How many days can I stay in us after the case is appealed?
Till you get the verdict of the appeal.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.
Until when can I stay in the us?
The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.
Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?
Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.
How long does the appeal process take ?
It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How many days can I stay in us after the case is appealed?
Till you get the verdict of the appeal.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
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HopeSprings
07-17 03:45 PM
Murthy is a she...and I would but I'm not single. ;)
I don't want to start a battle of words here but it would be great if we could refrain from using such language in this forum.
Administrator, please make sure that we maintain the sanctity of the forum.
I don't want to start a battle of words here but it would be great if we could refrain from using such language in this forum.
Administrator, please make sure that we maintain the sanctity of the forum.
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gcisadawg
04-30 01:37 AM
Man, this guy is a GC holder. He is going to marry a girl in India. At some point, he would become citizen and ask his wife to move with him. This is a natural process. Why is USCIS putting an unnecessary delay of several years by not allowing one's spouse to join him/her? It is beyond my understanding to think how lawmakers missed this simple reasoning!
Sorry, I don't have helpful suggestion for you but am just purely frustrated that a GC holder who wants to start a family can't do whenever he/she is ready.
-GCisaDawg
Sorry, I don't have helpful suggestion for you but am just purely frustrated that a GC holder who wants to start a family can't do whenever he/she is ready.
-GCisaDawg
Euclid
02-11 06:24 PM
Hi Prashanthi,
Thank you for your reply.
The receipt is not for an "initial or renewal" (OPT) EAD. It is for the "replacement for a lost (OPT) EAD".
I do have the approval notice in hand. It the actual OPT EAD that is lost.
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
Thank you for your reply.
The receipt is not for an "initial or renewal" (OPT) EAD. It is for the "replacement for a lost (OPT) EAD".
I do have the approval notice in hand. It the actual OPT EAD that is lost.
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
sam_hoosier
03-26 10:18 AM
I am hoping to travel via emirates to bangalore..I have avoided other airlines due to transit visa issues...any experince using Emirates??.
I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)
I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)
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