waitingmygc
09-08 01:32 PM
Permfiling,
Your response to this post is harsh/mean.
Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?
We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (that�s the truth) and those are eligible to port will do it.
Frostrated,
It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.
Your response to this post is harsh/mean.
Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?
We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (that�s the truth) and those are eligible to port will do it.
Frostrated,
It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.
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desi3933
07-18 03:31 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Yes.
2. Yes
3. Yes
__________________
Not a legal advice.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Yes.
2. Yes
3. Yes
__________________
Not a legal advice.
glus
06-25 09:31 AM
Hi:
Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.
Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.
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malibuguy007
10-01 06:27 PM
Guys, I can see the energy level drop down after the HR 5882 did not pass in the Judiciary Committee. However we have to keep trying and part of that effort is keep working with lobbyists through IV core. During the next 6-9 months we need to collect enough money so that when the time comes IV Core is able to lobby hard on our behalf and get the necessary measures passed.
On that note I am starting this thread for people who would like to contribute $50 or more. It is the 1st of the month and all of us got our paychecks, so no reason not to.(Remember Feed the Pig Ad? Well IV is as important as feeding the pig - so please do your part).
Additionally for every $2500 collected I will put in an additional $50.
On that note I am starting this thread for people who would like to contribute $50 or more. It is the 1st of the month and all of us got our paychecks, so no reason not to.(Remember Feed the Pig Ad? Well IV is as important as feeding the pig - so please do your part).
Additionally for every $2500 collected I will put in an additional $50.
more...
crystal
07-10 09:47 PM
as we know the answer now
can somebody close this thread before people start writing one after other their last name and center.
can somebody close this thread before people start writing one after other their last name and center.
eb3India
04-26 06:12 PM
Many senators particularly republicans did know that last Year CIR has no chance of getting thru the house, since it was election year they tested water and did a favourable thing mainly to gain latino's vote, However this year is different, Democrats controles house and senate, none of the republicans want to give credit of passing CIR to democrates, McCain backed off as he was running for President and siding on Iraq war is good enough for him to defend popularity contest.
This year entirly depends on Bush administration backdoor negotiation, if he was able to get 70 Republicans there is good chance Nancy Pelocy will table the bill for debate, otherwise we have no chance in hell
This year entirly depends on Bush administration backdoor negotiation, if he was able to get 70 Republicans there is good chance Nancy Pelocy will table the bill for debate, otherwise we have no chance in hell
more...
indyanguy
06-29 07:28 PM
Thanks for the reply. Here's why it becomes more complicated. I asked my attorney about starting a new EB2 process (I have a MS from US). However, the attorney says he doesn't recommend starting a new PERM process as he strongly believes that this will affect the current EB3 I-140 application. He feels that USCIS will look at the ongoing EB3 application and deem it unnecessary to approve it (as I would have applied for a different position for EB2). Hence I might lose my PD !!
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
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venky321
02-24 12:53 PM
Its probably a good thing that LCA laws are being enforced. If a person hasn't gone on the bench and has a valid LCA, I don't think that person would be affected by this.
Consulting companies who adjust with the times and work to comply with the enforcement might come out of this stronger when the recession ends.
Consulting companies who adjust with the times and work to comply with the enforcement might come out of this stronger when the recession ends.
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waitin_toolong
10-29 02:13 PM
H4 people used to use TaxID instead of SSN in their tax returns (joint filing for ex.). What do they use when they get SSN after EAD ? Do they use SSN or just the Tax ID. Is there any requirement that they inform IRS that they got SSN and start using it instead ?
If you read the letter that came with ITIn it says that when you obtain SSN then send a copy of SSN and ITIn to IRS informing them of the change.
Till last year changing to SSN required paper filing of taxes, but now has made a provision in e-filing to accomodate the change, but I would personally give plenty of room (time wise) to avoid any bugs that might be there in the system.
If you read the letter that came with ITIn it says that when you obtain SSN then send a copy of SSN and ITIn to IRS informing them of the change.
Till last year changing to SSN required paper filing of taxes, but now has made a provision in e-filing to accomodate the change, but I would personally give plenty of room (time wise) to avoid any bugs that might be there in the system.
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ChangingJobs
06-29 10:27 PM
Here is my situation:
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
more...
alparsons
January 1st, 2005, 02:33 PM
Just realized I should mention that they look quite good as they are, and if you wanted to tinker with the stuff I mentiioned above I think you could turn it into something that would knock some eyeballs out.
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casinoroyale
08-22 12:01 PM
I have my own doubts about this matter, same as you. But doesn't your I-797 remains valid till its expiry date? Is there any such rule that if its un-used it will become void or should be cancelled after 6 months?
In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
more...
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ilikekilo
05-04 03:46 PM
i know FRA is abig airport hwoever I think 2 hrs is fine..
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immihelp1
10-12 09:57 AM
you can show either passport or driving licence. They won't ask anything in specific.
It's your call
Thanks,
It's your call
Thanks,
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nixstor
06-14 11:57 AM
I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.
House in 30 days in this market? I personally would take 60 days. As long as you dont force yourself into a decision just because your company is picking up the tab for 2500$ for an year does not mean that you have to buy a house that has a commitment of 30 years. Your company can do that for an apartment or rented property as well. Probably it wont be as much as 2500 but you can add up Internet, phone bills and other expenses to get close to the 2500$
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
No its not taxable income. In other words you wont get a W-2 for that money. How ever its good to have a letter from your employer saying that your job and your employer required you to have a home office and not at your own will. The reason why I say this is because Home office deduction is one of the audit triggers on a return. Even though you will not declare this on your return, your employer will disclose this as a write off. chances are very less that IRS will ask you, but just in case have that letter from your employer. Read this (http://nixstor.blogspot.com/2008/02/home-office-deduction-eligibility.html) and talk to a good CPA/IRS.
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
I dont think it matters. All that matter is your credit score. Dont tell the lender that you are NOT a permanent resident unless they ask you or the application asks you for. If they figure that you are concerned they will another quarter point
Thanks in advance,
USDream2Dust
House in 30 days in this market? I personally would take 60 days. As long as you dont force yourself into a decision just because your company is picking up the tab for 2500$ for an year does not mean that you have to buy a house that has a commitment of 30 years. Your company can do that for an apartment or rented property as well. Probably it wont be as much as 2500 but you can add up Internet, phone bills and other expenses to get close to the 2500$
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
No its not taxable income. In other words you wont get a W-2 for that money. How ever its good to have a letter from your employer saying that your job and your employer required you to have a home office and not at your own will. The reason why I say this is because Home office deduction is one of the audit triggers on a return. Even though you will not declare this on your return, your employer will disclose this as a write off. chances are very less that IRS will ask you, but just in case have that letter from your employer. Read this (http://nixstor.blogspot.com/2008/02/home-office-deduction-eligibility.html) and talk to a good CPA/IRS.
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
I dont think it matters. All that matter is your credit score. Dont tell the lender that you are NOT a permanent resident unless they ask you or the application asks you for. If they figure that you are concerned they will another quarter point
Thanks in advance,
USDream2Dust
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learner
09-20 09:53 PM
Situation: approved I-140 (EB-2), getting close to 5th year of H1B.
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
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samuel5028
02-21 01:30 AM
You will be coming under EB3 skilled or professional worker.
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rb_248
08-19 03:30 PM
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
rajarao - I have this suggestion. My employers did something similar for my LC audit, which is different from I 485. But, the point is to look for an equivalent substitute.
Do you have any sustitutes for the above ? Such as LIC policies with beneficiaries, ration card, voters registration, driver's license anything ? If you do, then call USCIS and explain what you are sending and the significance of these documents and find out if acceptable.
It looks like they are looking for an authentic document showing son's and parent's names.
Gurus, what do you all think ?
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
rajarao - I have this suggestion. My employers did something similar for my LC audit, which is different from I 485. But, the point is to look for an equivalent substitute.
Do you have any sustitutes for the above ? Such as LIC policies with beneficiaries, ration card, voters registration, driver's license anything ? If you do, then call USCIS and explain what you are sending and the significance of these documents and find out if acceptable.
It looks like they are looking for an authentic document showing son's and parent's names.
Gurus, what do you all think ?
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desi485
03-17 10:43 PM
afaik your date of first application is your pd. To recapture it, you need to have copy of approved i140 or atleast knowledge that it has been approved.
shana04
02-16 12:38 PM
Hi,
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
I would advice you to consult your attorney before you make this decision. Good luck
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
I would advice you to consult your attorney before you make this decision. Good luck
gc28262
05-30 12:26 PM
http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965
Eventually this bill introduced that 7% per country cap
Here is the proof that country cap is racially motivated. I can't believe that Ted Kennedy was behind this.
During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)
Eventually this bill introduced that 7% per country cap
Here is the proof that country cap is racially motivated. I can't believe that Ted Kennedy was behind this.
During debate on the Senate (http://en.wikipedia.org/wiki/United_States_Senate) floor, Kennedy, speaking of the effects of the act, said, "First, our cities will not be flooded with a million immigrants annually. Under the proposed bill, the present level of immigration remains substantially the same.... Secondly, the ethnic mix of this country will not be upset.... Contrary to the charges in some quarters, [the bill] will not inundate America with immigrants from any one country or area, or the most populated and deprived nations of Africa and Asia.... In the final analysis, the ethnic pattern of immigration under the proposed measure is not expected to change as sharply as the critics seem to think.... The bill will not flood our cities with immigrants. It will not upset the ethnic mix of our society. It will not relax the standards of admission. It will not cause American workers to lose their jobs."[2] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-1) The act's supporters not only claimed the law would not change America's ethnic makeup, but that such a change was not desirable.[1] (http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965#cite_note-.2770s_268-0)
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