Tuesday, June 14, 2011

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  • akred
    07-07 11:03 PM
    Yes, as long as you meet these conditions -

    1. You lived in the US for 183+ days in the tax year or

    2. You lived in the US for a total of 183+ days in the tax year and the previous two tax years, counting 1/2 of the days for the previous tax year and 1/3rd of the days for the tax year before that one.

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  • chris
    07-08 03:35 PM
    Why the lawyer need some information from your wife ? ( she no need to apply any thing , since your GC is approved ).

    I think best way to tralk to HR dept in your wifes company and explain them. that you will get GC soon. If they need some proof show them approval email .

    If they ask to fill i9 form show the EAD as proof for employment eligibility.

    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?

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  • sraghava
    10-08 02:29 PM
    I have the same case as user beautifulMind ..

    I applied for my I-485 AOS and EAD-OPT card for my wife at the same time (June last week) .My wife is on F-1.We decided to apply for the EAD-OPT since there were rumors of the July 2 retrogression.She received her EAD-OPT in Sep (EAD to start Oct 1 ) and received her I-485 EAD on Oct 5 (EAD to start Sep 27).

    Should she use her OPT-EAD or I-485 EAD ?

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  • Winner
    06-18 03:39 PM

    I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
    I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.

    I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...

    My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help

    Cognizant to Wipro? Out of the frying pan, into a fire? :)


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  • felix31
    11-15 05:16 PM
    And dont forget that teacher's H1 also comes under the cap. You would need to get interviewed for a position and get an offer before April 1st, so that application can be received at USCIS on April 1st.

    Usually, H1s run out within couple of days, last time it was one day or two days. I forgot the details.

    The only way to avail of Masters H1 cap is to have US Masters degree.

    Some schools also do J1 for teachers. Try VIF program at www.vifprogram.com

    Once you get into the school system you can also go for a masters degree and if the school principle wants to keep you, HR can file for your H1. All that is possible if you immediately file for a Home Country Requirement waiver.

    It sounds complicated, but for teachers this may be the only open route.
    H1 visas are in such high demand anyway.

    Hope this helps!
    Good luck!

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  • njboy
    12-02 11:19 AM
    what are our chances if the Dream Act does not pass? Dream is #7 on the list.

    Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
    The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years


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  • dealsnet
    10-07 12:47 PM
    Your daughter is a citizen ?
    How she filed your I-485 ?

    My daughter is now 22 years old and filed I-485 on behalf of me in the year 2007. That time she was only 19 years.

    Now she is planning to get married before getting a green card. Her bride-groom is H-1 visa and not applied for labor. Will her I- 485 application be cancelled?.

    I am also porting to eb-2 in the next three months. I am hoping to get green card may be after Sept 2011.

    Suppose she gets married before the green card what will happend to her case. Please I need advise.

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  • sammas
    07-14 12:36 PM
    Please look at the text below

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, and you paid the I-485 application fee required, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.

    Based on the above text, you are supposed to pay $340. Chances are that your EAD application might be rejected due to no filing fee.

    Coming to your questions, below are the answers
    1. Probably not
    2. If you have the application number like SRC or LIN etc., you may be able to do this. Before doing it, please take the advice of your attorney.
    3. If no application number was generated, this might be a good idea.

    Hope this helps.

    Note : I am not an attorney, please make sure to take legal advice.


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  • loudobbs
    07-17 05:18 PM

    1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 13th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.

    Does this mean all AOS applications received or only consular processing cases??

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  • knowDOL
    08-15 11:01 AM
    Converting to PERM is safe, does cost money and advantageous only to get 3 year extensions of H-1B which will save your company the money for extensions. (H-1B). It does not expedite your GC processing time and does not fetch you even EAD.

    My company's attorney converted 4 EB2 cases with PD March 2005 to PERM and successfully got approved all the 4 cases with in two months. On all the four cases they have not got the 45 days letters.

    In your case since you are in 8th year extension it may be better to either convert exisitng EB3 to PERM or file a new EB2 for a different position in same company and get I140 approved. Evaluate based on which one costs you less money.

    Hi Mike,

    I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?



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  • senthil1
    04-08 02:15 AM
    I think all the issue will be resolved if number 5 is done. No need for H1 extension, and even there is a in efficiency in USCIS you can get gc within 3 years if they double or triple EB quota. So no need to meet President just meet Congressmen and try pressing them to increase EB quota.

    Can we get an appointment with the President and explain the problems faced by EB immigrants....

    1. Travel restrictions (no travel during H1 extension etc..)
    2. Driver license issues
    3. Wasted Visa numbers
    4. Inefficiency of USCIS
    5. Need to increase EB quota

    I know that law makers should make these changes, but President has a strong voice and if he hears our pathetic position, he may do something, just a hope :rolleyes:

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  • dc2007
    07-25 10:55 AM
    I didn't find what I am looking for.

    I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.

    So, I am thinking to file myself.


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  • ameryki
    03-17 04:30 PM
    I don't remember immi status even coming up during mortgage appli!

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  • gaffarkhan
    07-16 02:03 PM
    Sent I-140 on October 2nd. Status showing as it's recd. Anybody's I-140 approved in that range?



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  • phigi
    08-18 11:36 PM
    Also, at this point there are some questions lingering around your 'consulting' agency. I'm pretty sure a 4 yr. degree from an accredited college/university is considered equivalent to BS here. I really have suspicions on the real cause that's being presented to you.
    You may want to check if your agency is employing others and if so, get in touch with one of them and gather facts.
    I am no expert on saving your status, hence I am not commenting.

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  • drirshad
    05-24 11:22 AM
    Is postal address for e-Filed AP & EAD same, are the 2 photos is only for EAD renewal not AP, seems they will take a picture/fingerprint for AP by appointment.

    Anything missing from the following:

    Req docs, you will have to send (I-765/EAD)
    1. a copy of of your I-765/EAD E-file receipt,
    2. pending I-485 receipt,
    3. two 2"x2" passport photograph,
    4. copy of your previous EAD, both side
    5. drivers license, both side
    6. passport non-immigrant visa page
    (even if its expired, it will serve as a federal issued photo ID).

    Req docs, you will have to send (I-131/AP)
    1. I-131/AP E-file receipt
    2. Photo Id: License
    3. Passport visa page
    4. 485 receipt copy
    If applying for Re-entry Permit, you must be fingerprinted as part of USCIS biometric services requirements. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, USCIS may also take your photograph and signature.


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  • sweet_jungle
    12-29 05:10 PM
    Like all July 2 filers, I will now become eligible for AC-21.
    My I-140 has been approved long back.
    However, I do not have a copy of approved I-140.
    If i Change, I will change using H1 and not EAD.

    In the new company, will I be able to get a 3 year extension with ONLY I-485 receipt?
    I am retrogressed and so technically should be able to get 3 year ext.But, the only way to prove it is through I-140 approval copy which I do not have.

    If anybody has changed using H1 transfer and only I-485 receipt, please let me know whether you got 1 year extension or 3 year extension.

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  • aat0995
    08-01 04:59 PM
    Hi Guys (and gals)
    My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!

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  • STAmisha
    03-27 06:31 PM
    What documentation I need to convert from H1 to h4? Do I need to go outside US for this. I'm on H1 and I dont have paychecks since I'm on bench.
    I want to convert back to H4 soon.

    11-16 12:20 PM
    Report indicates that Sen. Robert Menendez (D-N.J.), Rep. Nydia Velasquez (D-N.Y.) and Rep. Luis Gutierrez (D-Ill.) will meet with President Barack Obama this afternoon to talk about the chances of getting comprehensive immigration reform or the DREAM Act passed in the lame duck session, signaling the Democrats, Hispanics, and Obama turning their posture in CIR or DREAM from "defensive" to "offensive" strategy, by going forward with the all-court pressing DREAM or CIR during the Lame Duck session. For this apparent strategy, time is indeed short and running out. There was also report that the House Speaker Nancy Pelosi (D-Calif.) could bring the DREAM Act to the floor as early as this week. This strategy will push and corner Republicans to the "defensive" position in connection with the 2012 Presidential and another national election. For this matter, the Democrats have nothing to lose by pushing for DREAM or CIR during this Lame Duck session while they are in a majority position. Failure to pass the DREAM Act during the Lame Duck session will be placed on the Republicans, which are likely to bring about some Republican casualties and political liabilities in 2012 election. From the perspecitives of the DREAM activists, this is indeed considered a last chance and they are taking an aggressive position to take advantage of such political strategy of the Democrats. Let's watch how this political drama will unfold during the next one month or so. ww.immigration-law.com

    03-12 09:22 AM
    MN. You can call and tell them that you are using ITIN and will update with SSN when you have one.

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