Saturday, June 11, 2011

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  • Mount Soche
    03-31 10:06 AM
    I think your only option would be to get your AP sent to you in Canada if you will not be able to get your H1 from the Embassy. The visa is what allows you to get in and out of the U.S and they cannot let you back in if you don't have the stamp.

    Good luck


    I came to Montreal to have my H1 stamping done and am stuck here since 3/18. They told me they want to search the company and will call me back with in 10 days but no response yet.

    Pls. ensure you have all valid documents before you get here but you can not go back with expired visa.

    Do you have AP? If yes bring with you. I did't have mine so I am stuck.

    I had got my H1 in Toronto also in 2005 without any problem this time I am stuck.

    Are you a landed immigrant of Canada? I am but till having this problem.

    Can I come back to US without H1 being stamped on my passport? What other options do I have.
    Any suggestions.

    Ramesh




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  • NO_Free_Rider
    09-14 12:47 PM
    Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.

    I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.

    Case 1:
    EB2 Labor filed: April 2005
    Labor Approved: December 2005
    I-140 Filed: January 2006
    RFE for Ability 2 pay and RFE replied.
    I-140 Denied: August 2007
    Never recieved the denial notice as per the lawyer

    Case 2:
    EB2 Labor filed: August 2005
    Labor Approved: January 2006
    I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
    I-485 Filed: August 2007
    RFE for W2/wages company tax information etc that were replied on time.
    I-140 Denied Sep 2009


    EAD valid till October: 2010
    AP Valid till Feb 2010

    H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
    Extension Denied based on Case 1 I-140: October 2008
    I-290B Appeal to commissioner filed and pending as of date

    Case 3:
    Pending EB2 labor since October 2008.

    I am paid more than the prevailing wages. Now the question is:
    1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
    2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
    3. If MTR/Appeal is filed for I-140, can I still continue working?

    Any thoughts or suggestions will be appreciated.




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  • sonia_sd
    10-19 07:15 PM
    I second it :) NO SSN REQUIRED FOR PP. I filled out 000-00-0000 for my son. I believe there was a site or document I looked up and got this info (dont remember where I found it).

    You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.

    BTW does Indian consulate do background check and issue 221(g) :D:D

    PS: I live in IL as well and you dont need SSN for kids to get a PP :)

    SSN IS Mandatory.




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  • chvs2000@yahoo.com
    10-21 09:58 AM
    Other alternative is to have your employer run the payroll for 5000 and deduct 500 from your adjusted gross income when you file taxes.

    Note that you can only deduct unreimbursed work related expenses when you choose to itemize your deductions.



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  • pmb76
    07-14 12:42 AM
    I sent a letter to Rep Zoe Lofgren on July 4 after she sent a letter to Chertoff and Rice on our behalf. Below is what I wrote:

    Re: July Visa Bulletin revision

    Dear Representative Lofgren,

    Let me begin by Thanking you immensely for standing up for the cause of legal immigrants. Your response to the July Visa Bulletin fiasco made me very pleased and re-instilled the hope in me that I had lost as a result of the recent announcements by USCIS to stop accepting Adjustment of Status applications.

    It is indeed appalling that the various problems faced by highly skilled legal immigrants get lost in the cracks of the system and do not get any media coverage.

    I have been in the U.S for approximately 9 years now. I graduated with a Masters in Engineering from a highly ranked school here, always played by the rules and still am stuck in the backlog delays and the bureaucracies of the immigration process.

    The July visa bulletin released on June 13th a gave me and others a ray of hope which was crushed after USCIS stopped accepting applications on July 2nd. I have spend huge amount time, effort and attorney's fees preparing all the paperwork and submitting it to USCIS on July 2nd.

    Again I want you to know how much me and other skilled workers in the same situation as me, appreciate your taking up this issue with Dept of State and USCIS. Thank you so much for your help in this critical hour. Please help us in resolving this issue and also discuss this with your colleagues in congress so they may also take up this issue with the Federal government agencies.

    Sincere Regards,
    XYZ




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  • das0
    06-22 10:04 AM
    Thanks.

    In that case, she will not use the EAD and work on EAD. but wait until Oct 1, 2007 and then start on H1B only.

    I was told that there is a potential worry about timeline renewal of EAD and interim EAD will be frozen until further notice?



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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.




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  • sai
    05-25 06:49 AM
    sent



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  • Jamin
    08-15 09:31 PM
    The receipt number will start either with SRC or LIN depending on whether it is Texas or Nebraska.

    hi,
    where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
    can any1 tell what is the window period b ween check clearance and recipt notice?
    Thanks.




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  • chanduv23
    01-10 09:13 AM
    We need every member in the tri state area to attend this. Please show your support



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  • MetteBB
    05-11 01:39 PM
    im redoing some of them.... Think the blackberry one is ok tho... no? =)

    /mette




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  • kamakya
    05-14 11:38 AM
    If you are looking in 300K range with best schools,large indian community then Villages of Urbana in Frederick is one of the better choices.
    The property tax is pretty low here because it is in Frederick county. I hope this information helps you. The elementary,middle and high schools here are one of the best in the state.



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  • dsneyog
    01-14 10:44 AM
    Thanks. there is hope. I paper files too and included self paid return envelope. Was yours renewal or fresh? Mine is fresh.Paper filed AP in TSC on Oct 28th 2009 & received the document on Dec 24th 2009 by mail.

    Hope that helps.




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  • kirupa
    07-27 05:19 AM
    Instead of ShowDialog, try using just Show. See if that fixes the issue.



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  • godbless
    12-14 03:09 PM
    Hello,

    Please respond.

    1. When you file it online, the category for your wife would be h4.
    2. Send it separately please.
    3. Send the following after applying online:
    a. A print out of the confirmation page that you will get after applying online.
    b. 2 Pics each. Put your a# on the back of the pics.
    c. A copy of any approval notice showing your current status in USA.
    d. A copy of I 485 reciept notice.
    e. A copy of old AP (if any).
    g. A small letter mentioning why you need the AP.

    Thats it and you are all set.




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  • pal351
    05-27 02:02 PM
    Hi,
    I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC

    I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
    Please share your experiences and ideas

    Thank You,
    Raj.



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  • kaisersose
    07-09 10:20 AM
    Hi All,

    Give me all your valuable suggestions for the below case:

    - Got a full time offer for my wife who is working on H1 and has EAD too.
    - She decided to transfer her H1 instead of using EAD.
    - My wife has sent all the necessary documentation to the lawyer.
    - Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
    - We have not received I 485 approval notice through mail yet. We just have email from immigration

    Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.

    Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.

    Your response is highly appreciated.

    I fail to see the problem. If your wife is already working on this job, she will continue to work as before.

    If she is waiting to work, what was she originally waiting for? Whatever it was, everything continues as before.

    Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. Anyway, show your 485 approved e-mail to this joker and he should accept your ead as temporary validity to work until the card arrives.

    Again as I said, I see no problem at all.




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  • gcgreen
    07-07 04:04 PM
    to my knowledge, the first year that she started it would be no problem.
    but in subsequent years you do need to pay estimated taxes or be subject to underpayment penalty. also, because estimated taxes are pay as you go, you do need to make payments on the payment deadlines.

    for some really screwed up reason, the payment deadlines are not precisely three months apart: apr 15, jun 15, sep 15 and jan 15

    the amount of estimated tax you need to have paid in order to have paid is calculated based on a worksheet that you can download from the IRS website.

    But the general rule of thumb you need to follow is that you should have paid AT LEAST the previous year's taxes by this year including all withholdings and estimated tax payments. For example, if you owed $30000 in federal taxes in 2007, make sure the sum of all estimated taxes and withholdings for 2008 meets or exceeds 30000. I also think there is a rule that if your AGI was greater than 150K in the previous year, you need to pay at least 110% of prior year's tax amount. I am not sure of this one. But generally speaking, I think this rule is called safe harbor rule.

    The other rule you can adopt is to ensure that you pay at least 90% tax that you will owe for 2008 by end of 2008. In other words, if you end up owing 40000 this year, make sure you have paid at least 36000 by end of this year.

    You can find more info at:
    http://www.fairmark.com/estimate/whomust.htm
    http://finance.yahoo.com/taxes/article/101936/FAQs_on_estimated_taxes#howcalculate

    I hope this information was helpful. Bear in mind, I am no expert on this, and all this info is just by reading various online sources, IRS docs etc.


    Continuation..
    My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).

    We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?

    That would make things so much more easier..




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  • ssingh92
    01-03 11:33 AM
    I asked a question regarding use of AP and received following response from Embassy of Belgium.

    Dear,
    As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
    Sincerely,
    Marijke Janssens

    Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.

    I booked my ticket in JetAirWays (better than Air India).




    leo2606
    10-14 07:43 PM
    Check the following thread.

    http://immigrationvoice.org/forum/showthread.php?t=13358
    Hi:
    I filed on July 23, I-140 and 485 concurrent.
    I got EAD on 5th Oct.
    I had fingerpring done on OCT12.
    Whne Fingerprinting was done, with 2 of my fingers, it gave message
    Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
    Does it mean it matches with some kind of FBI database and Do I need to worry about it?

    Please help gurus. I have lost my sleep.

    Thanks




    tikka
    06-25 12:41 PM
    http://immigrationvoice.org/forum/showthread.php?t=5470

    We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.

    If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.

    We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.

    We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.

    At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.

    Thanks



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