Tuesday, June 14, 2011

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  • gkdgopi
    08-30 05:01 PM
    Congratulations! Enjoy the moment.

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  • ajju
    02-24 09:00 PM

    This is what i found on the irs website - still havent decided whether to e-file or paper file

    Just eFiled Federal and its already accepted.. My AGI was as it was last year and for spouse (new SSN) put AGI=0.. I needed to confirm the AGI twice and it went thru then.. And next day I received email that return has been accepted... Didn't filed state for personal reasons...

    So I don't see any reason why not eFile.. its faster... Lots of others have already done and thats how I came to know that I need to enter spouse's AGI=0... And filed using her new SSN.. No mention of ITIN anywhere...

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  • zCool
    06-08 02:20 AM
    While it was indeed a horrible bill and it deserves to die,
    it's too early to say it's gone forever.
    Moreover, it is nativist and scare-mongering that won the victory today so lets not get carried away..
    Moral of the story is.. Anti-immigrant lobbies are very strong and they are organized.
    Republican base has found enemy to blame for mis-steps and win 2008 elections.. it is immigration. Buoyed by the success in slowing down 1 piece of legislation that probably had most broad-based support in recent years.. they will try to further the gains by proposing more divisive and mean-spirited bills designed to provoke response and inflame passion (i.e. make life unbearable and very difficult for all immigrants)

    On the other hand we will probably have better chance of pushing small reliefs in employement based immigration.

    I think if there ever was a time to start new funding drive.. it is NOW!

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  • software7
    05-27 11:34 AM
    I would like to share my I485 experience.

    1.Brief History and Denial reason.

    Did I485 interview at local office in Jan 2009.
    Got Denial notice stating that I485 filed when dates are not current.
    This is not true. Filed I 485 in 2007 July Fiasco.
    Immigration office recived application in AUg 2007, well before deadline Aug 17'2007.
    Got I485 receipt in October.

    it was denied due to clear error.

    2. Filed Service MTR with out filing Fee ( as this is service error)
    Did not get any communication for 3 months.
    In between took info pass couple of times and it did not help.

    Wrote letter seeking help of senator explaining situation.

    Immediately got reply that case was reopened and I797 Notice of action was mailed to me stating that case was reopend and finger prints expired.

    Did finger printing in May.

    Since dates are not current, I am not expecting any approval.
    AT least I am happy that. case was reopened.

    I heard that some 485 was denied ( 2007 July Fiasco) due to same error. I posted this experience as it would be helpfull for any other denials cases.



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  • yabadaba
    06-22 05:31 PM
    yes typically it is the Service center that has approved your 140

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  • sabbygirl99
    03-28 04:42 PM
    :D ....an immigration lawyer (anna baker in Rajiv S Khanna's office):

    Question # 1:

    From me:
    I am currently on a work visa (H1) and I know that I can maintain it even if I work part-time. I want to go back to school as a full time student. I just want to check that I can maintain a legal status as a part-time worker and a full-time student. What are my options?

    From Anna:
    According to Mr. Khanna it should not be a problem if you hold a part-time H-1 and enroll in fulltime studies while being on H-1. You should further discuss the university's requirements with the foreign student office at the school. You cannot hold both F-1 and H-1 status.

    Question # 2:

    From me:
    I wanted to know whether going to school full time and working part time on an H1 would jeopardize my green card application. It is currently pending at the Philly Backlog Center.

    From Anna:
    According to Mr. Khanna it should not have an effect.

    :D ....an admissions officer of one of the schools:

    It is possible to study while in H-1 status, however, it usually is not the primary purpose for being in the U.S. I have had two students who have done this, one was a PhD who only had one semester of coursework before beginning the dissertation phase and has since applied for and received permanent residency. The other student was on H-1B, was getting married to a U.S. citizen and applying for permanent residency as well, so neither case would really apply to you.

    I sometimes advise students against remaining in H-1 status unless there is a compelling reason to do so. If you do remain in that status you are required to still be working for your employer, which can be difficult due to the demands of the degree program here at XXXXX. XXXXX is a full-time program, so you would not be permitted to do the program on a part-time basis in order to allow for your work commitments. Also, there is a 6 year limit on H-1's. Technically, study in H-1B should be incidental to your primary purpose for being in the U.S.

    Again, if you and your employer determine that you will remain in H-1B status please let me know, otherwise we must process a change of status for you to F-1 or if you are planning on leaving the U.S. during the summer, we can process and initial status I-20 for you and you will be required to apply for an F-1 visa at a U.S. Embassy/Consulate, before returning to being the program at XXXXX.

    :D ....From another admissions officer. [She keeps saying the same thing no matter how many times I ask her...I'm about to ask her for a Yes/No answer as politely as I can :) ]

    You can attend school on an H-1b if school is incidental to your H-1b status

    Hope this helps shed some light for you.


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  • tabletpc
    05-28 11:43 AM
    when you say "You will be back on line in this mess."...do you mean I again need to get PERM approved from new company and i-140 and then apply for 485..??
    or can I jsut apply for 485 with previous company labor and i-140 approval...??

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  • thehulkdeals
    05-14 04:51 PM
    Hi all, I need your advice and opinions about my situation.

    H1b � Started on Oct 07

    PERM is approved and my PD is April 6, 2006 (PERM)
    i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
    AP and EAD received September 2007

    My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.

    I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?

    It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won�t need it.

    Is there any benefit to have EAD in my situation?

    If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?

    For example, if I do not renew this year, can I apply again next year?

    Thank you


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  • nit_sea
    01-04 11:53 AM
    Can someone reply on my question . Please help .

    My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
    She will come back to US again on H4 visa .

    Can she apply again for COS to F1 after coming back in US on H4 ?

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  • lazycis
    12-21 06:53 PM
    I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?

    1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
    2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
    3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
    4. Does my new company has to give same exact responsibilities as my labor certificate?

    I would appreciate if any one replies to these posts. Thanks in advance.

    1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
    2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
    3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
    4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.


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  • Jerrome
    11-21 03:31 PM
    you have mentioned that you were traveling from India to USA. So the staff took the i-94 which you NEWLY got after you landed in USA . If that is the case then it is a problem. Consult a lawyer. It is not stolen or lost.It may go to USCIS that you are going out of country.

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  • godbless
    04-16 11:41 AM


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  • Caliber
    05-03 11:56 AM
    One thing they can agree on is covering their own a**.

    i4u, Please think back if this is the language we use on Lawmakers of this great country.

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  • qualified_trash
    12-15 01:48 PM
    My lawyer had the following lines on this issue:

    However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.

    It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.

    that is just your lawyer's way of sugarcoating the fact that you are screwed if you are from India. the 3 yr extension is available to everyone.


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  • stxvr
    07-20 03:44 AM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs are given for employment. Also as per the current prediction on the same page shows that there will be 750000 new applications will be added in to system because of this recent events. Now follwing are some facts what I can see from these details:

    1. As only 140000 visas can be givens per year. USCIS OR DOS can not cross this limit.
    2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
    3. If you count 20 % then for India the figure per year is 28000.
    4 Now imagine how many years it will take to cover up the number like 750000.

    My analysis:
    -Based on these details you can predict that there is going to be more than 10 years to clear this thing. (except some new law passes).
    - Some may get GC after 10 years of filing A485.
    - For atleast 10 years PD remains Unavailable.

    What do you say on this?

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  • Imigrait
    08-30 06:45 PM
    Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.

    Is it Received date or Notice date?


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  • chanduv23
    11-02 10:24 AM
    Indians and other skilled workers in US will face the axe if they do not do anything for themselves.

    Have you joined a State Chapter? Please do so now

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  • ras
    04-03 01:16 AM
    The letter is dated as
    Date: Jan 8, 2008

    and it mentions at the end

    'You must submit the requested information within tweleve(12) weeks from the date of this letter. Failure to do so may result in the denial of your petition.'

    so if we count 12 weeks from Jan 8, it is going to be 84 days which is going to finish by April 2nd.

    If the RFE response reaches by say this Monday i.e Apr 7th will it be OK?

    The reasons for delay are financial adjustments.

    He is now going to send the tax returns for 2007 which has been asked.

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  • johnamit
    07-16 10:27 AM
    see Greg Siskind's blog :

    An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting

    do you know for sure? NO, then please close thread, its just a speculation and title is misleading.

    02-07 07:15 PM
    Here is some more info

    I am traveling from

    From GSP ( Greenville Spartanburg) to Ahmedabad
    or from ATLANTA to Ahmedabad


    05-21 01:48 PM
    Dude you are asking for advise on your own RFE but advising others on their RFEs. I dont get it.

    I know answer for his RFE and i don't know answer for my RFE? Is that a problem?

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