Pria
01-02 09:59 AM
My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...
I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.
Pria
I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.
Pria
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Ann Ruben
07-17 05:25 PM
There is a very good chance that the gov't will seek to remove your son from the US even if he is only found guilty of misdemeanors.
saketkapur
01-21 12:57 PM
Hi Guys
As all of us know that the renewal process for EADs will start from end Feb for people who were short changed last year and had lost 3 months on their EAD renewals in EAD. USCIS had issued record number of EADs by June end last year to avoid giving 2 year EADs and those people are coming up for renewal now.
So to me it looks like a pure scam. Move the dates significantly ahead since if the PD is current then they only need to issue 1 year EAD and then move them back next month or so.
Keep milking the cow as current PDs do not neccessarily mean getting green. Just my 2 cents.
regards
Saket
As all of us know that the renewal process for EADs will start from end Feb for people who were short changed last year and had lost 3 months on their EAD renewals in EAD. USCIS had issued record number of EADs by June end last year to avoid giving 2 year EADs and those people are coming up for renewal now.
So to me it looks like a pure scam. Move the dates significantly ahead since if the PD is current then they only need to issue 1 year EAD and then move them back next month or so.
Keep milking the cow as current PDs do not neccessarily mean getting green. Just my 2 cents.
regards
Saket
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p7810456
01-10 03:57 PM
munabhai
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
which center, gcphul?
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
which center, gcphul?
more...
BECsufferer
01-21 12:39 PM
rumour say retrogression may lift on march 2009, is it true????
Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:
(Atleast his thought is good, to keep your mind at peace)
Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:
(Atleast his thought is good, to keep your mind at peace)
optimystic
03-31 03:01 PM
I have a somewat similar situation, here goes:
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
more...
capriol
07-06 02:16 AM
Dear Folks:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.
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sdrblr
08-27 08:03 PM
Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)
USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)
more...
GCKabhayega
01-09 03:04 PM
Every time why does feel like that I have been in this dilemma before. I think we will gain almost nada frm this bulletin either.
My guess
EB2 : 1000 BC
EB3 : January 1962
My guess
EB2 : 1000 BC
EB3 : January 1962
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prasadn
04-07 05:15 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
From my understanding, you need to give USCIS a compelling reason (medical reasons etc.) for extending your stay on Visitor visa. If not, there is a good chance for the officer at POE to limit stay to a very short period on the next visit.
Last time time also lot of my friends scared me (immigration people will stop them at the port of entry), my another friend (both husband and wife doctors), they bring there in - laws everytime they will extend it to 3 times approxmately they will stay in US 2 years, they left several times and entered into US without any issues.
From my understanding, you need to give USCIS a compelling reason (medical reasons etc.) for extending your stay on Visitor visa. If not, there is a good chance for the officer at POE to limit stay to a very short period on the next visit.
more...
anandrajesh
08-15 11:55 AM
USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.
Welcome to the Weird World of USCIS where there are no rules to be followed.
Welcome to the Weird World of USCIS where there are no rules to be followed.
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gconmymind
03-25 01:26 PM
I remember this bill being brought up last year also and was "supposed" to be passed but never even came up for voting...why do u anticipate this will go through this time? My wife is applying for her "H1B" and she is awaiting the lotto results...
I strongly disapprove of ppl waiting for their GC voicing against H1B cap increase because they have crossed that bridge and have H1B. I am only safely assume such ppl will voice against IV and all IV activities once they receive their GC...
H1B increase is ok, but it will cause further backlog for the new filers because of 7% country limit and very few visa numbers. Business is only interested in H1Bs as it gets them the workforce. A GC makes an employee freer and less valuable to a company????
I strongly disapprove of ppl waiting for their GC voicing against H1B cap increase because they have crossed that bridge and have H1B. I am only safely assume such ppl will voice against IV and all IV activities once they receive their GC...
H1B increase is ok, but it will cause further backlog for the new filers because of 7% country limit and very few visa numbers. Business is only interested in H1Bs as it gets them the workforce. A GC makes an employee freer and less valuable to a company????
more...
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skodu
08-03 12:35 AM
If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
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sparky_jones
10-10 04:14 PM
No...if your current EAD expires and the new one hasn't arrived, you must stop working. it does not matter if you've applied for renewal and its pending. EAD does not work like H1B extension, where a 240 day period of automatic eligibility to continue working is available upon filing extension.
Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.
Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.
more...
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meyshimmi
02-10 04:39 PM
do you think they will?
On Ron Gotcher's site, they said that they were working to get the fees for the MTR refunded (correct me if I'm wrong)... Because, seriously, if it's wrongful denial, emphasis on the word "wrongful", why would it cost soooo much???
On Ron Gotcher's site, they said that they were working to get the fees for the MTR refunded (correct me if I'm wrong)... Because, seriously, if it's wrongful denial, emphasis on the word "wrongful", why would it cost soooo much???
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JSimmivoice
01-22 08:27 PM
Thks for your prompt response snathan, but I've been getting paystub from my new employer Company B (so far I've got 2 paystubs) so in this case I can't possibly getting Pay Stubs from both Company A & B right?
more...
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amdee
09-22 02:14 PM
I asked 6 other H1B ppl today to register to this site.
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
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sheela
08-06 12:35 PM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
Congrats!!!
Quick question: What is the best time to check for update on USCIS site. Does it happen all the time/real time/ morning/evening. It will prevent/help people visiting case status every now-and-then.
Congrats!!!
Quick question: What is the best time to check for update on USCIS site. Does it happen all the time/real time/ morning/evening. It will prevent/help people visiting case status every now-and-then.
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diesel
05-25 08:51 AM
The immigration council said he will pass our concern to the senator.
americandesi
04-06 01:31 PM
Refer http://www.murthy.com/pr_thngs.html and search for
"It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."
As suggested by "Optimystic", any time between 6 to 12 months should be ok.
"It is also important to understand that the green card approval will be reviewed at the time of the naturalization interview. For employment-based cases, this means inquiries into how long the individual worked for the employer after obtaining the green card. If the period is extremely short, there may be questions about the bona fide nature of the green card process."
As suggested by "Optimystic", any time between 6 to 12 months should be ok.
lostinbeta
10-03 01:29 PM
That isn't fair. I don't know trig like that.
:::weeps in corner::::(
:::weeps in corner::::(
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