CADude
11-14 05:21 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
I went thru' both links posted above in thread.
It seems that according to RG, EAD will remain valid till the time to file appeal (MTR), once appeal is filed the applicant would be able to work. He also suggested to go on EAD to save any time remaining from initial 6 years.
According to RK, EAD will be invalidated, person is to be deported as soon as CIS denies 485 in error. He strongly suggest NOT TO GO on EAD if some one has H1 as an option.
According to Chandu's blog, RK seems to be correct; but then RG is also a very reputed and experienced immigration lawyer.
What is correct? Both are 180 degree opposite to each other? Any one?
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unseenguy
02-11 01:21 AM
I am still waiting to see your contribution....Do you need any help to write the check
get lost. If you contributed, thats enough. Just do your job and others will do theirs.
get lost. If you contributed, thats enough. Just do your job and others will do theirs.
boreal
03-18 11:10 AM
Looks like IRS is not going to give us back 1200$ as part of the stimulus package,which they were planning to earlier.
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
mmm...didnt knew about this..After living and working here for ten years, i am still in-eligible for the tax rebate...phew!!!! (filed jointly, no SSN for my wife)..maybe i will claim it all next year....I am eternally optimistic :-)
Source > http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Basic Information on the Stimulus Payments
Updated March 14, 2008 � new 1040A-3 package
You've heard about it. Now find out how to get yours.
What is it? It's an economic stimulus payment that more than 130 million households will receive starting in May. It's not taxable, and it won't reduce your 2007 or 2008 refund or increase the amount you owe when you file your 2008 return.
Are you eligible? You're eligible if you have a valid Social Security Number (SSN) and show qualifying income of at least $3,000 on your federal tax return. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Can you use an ITIN instead of an SSN? Taxpayers with an Individual Taxpayer Identification Number (ITIN) instead of an SSN are not eligible to receive a stimulus payment. Both people listed on a "married filing jointly" return must have valid SSNs to qualify for the payment � if only one has a valid SSN, neither can receive the payment.
Not eligible at the current time? If your circumstances change and you become eligible after you file your 2007 federal tax return, you can always file an amended return using Form 1040X. If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
mmm...didnt knew about this..After living and working here for ten years, i am still in-eligible for the tax rebate...phew!!!! (filed jointly, no SSN for my wife)..maybe i will claim it all next year....I am eternally optimistic :-)
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vayumahesh
10-22 10:36 AM
I filed my EB2 with the same employer. Did not get any RFE for PERM Labor. I have M.S degree from US. I am in the same job role from the beginning (Web Developer).
more...
mhathi
03-22 05:28 PM
I have been a monthly contributor ($50/month) since December 2007. Already sent mail about a week ago to info at immigratin voice dot org.
Waiting for access... Glad to help in any way I can. I like the idea of having a donor forum. I have seen too many of our posts wind up on the pages of anti-legal immigrant groups over the years.
Waiting for access... Glad to help in any way I can. I like the idea of having a donor forum. I have seen too many of our posts wind up on the pages of anti-legal immigrant groups over the years.
pappu
09-13 08:05 PM
Dear All
The website
http://capwiz.com/aila2/dbq/media/ contains email/ address of 6479 media address
depends on javascript to force you to send only 5 messages at a time.
here is small shortcut:So switch off javascript
on IE go
Tools>Internet Options>Security>Internet>Custom level>Scripting
Close the browser and open it for again for your state.
also the format is like this if you want to send numerically
http://capwiz.com/aila2/mail/compose/?type=ME&alertid=&mediaid=1&mediaid=2&mediaid=3
the "&mediaid=1" seems to be the repeating unit except for the number
my IE only takes 179 address at a time As i mentioned there are 6479 address so if maybe some smart techie knows to increase the address bar size
drak70
Thanks for the tip
The website
http://capwiz.com/aila2/dbq/media/ contains email/ address of 6479 media address
depends on javascript to force you to send only 5 messages at a time.
here is small shortcut:So switch off javascript
on IE go
Tools>Internet Options>Security>Internet>Custom level>Scripting
Close the browser and open it for again for your state.
also the format is like this if you want to send numerically
http://capwiz.com/aila2/mail/compose/?type=ME&alertid=&mediaid=1&mediaid=2&mediaid=3
the "&mediaid=1" seems to be the repeating unit except for the number
my IE only takes 179 address at a time As i mentioned there are 6479 address so if maybe some smart techie knows to increase the address bar size
drak70
Thanks for the tip
more...
javaconsultant
01-13 11:46 PM
My PD is June 2002 from CA in EB3/RIR category.
I did not get my approval yet !
I did not get my approval yet !
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485_se_dukhi
07-20 03:16 PM
Senators who abstained:
1. Obama (D-IL)
2. Brownback (R-KS)
3. Byrd (D-WV)
4. Lott (R-MS)
5. Johnson (D-SD)
Maybe writing to these senators and explaining our part of the story may help them at least see our point of view.
1. Obama (D-IL)
2. Brownback (R-KS)
3. Byrd (D-WV)
4. Lott (R-MS)
5. Johnson (D-SD)
Maybe writing to these senators and explaining our part of the story may help them at least see our point of view.
more...
snathan
02-07 10:25 AM
Hi,
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
It’s very sad...I believe the problem is your in-laws and their influence on your wife. You have to make your wife understand that. Why don’t you try counseling?
Make sure you are not getting into any legal issues here as well as in India...It might cost your GC in the worst case. But I am not sure.
Also record all the conversation with your in-laws and wife when they are black mailing you. Keep all the evidence. It might save you if things go wrong.
This is what I would do I were in your position.
1. Try to convince and make her understand.
2. Try to avoid all her parent's influence on her, if needed I would cut off her from her parents.
3. Take her for counseling.
4. Prepare for the worst case and hope for the best case.
Best of luck
I been a member of IV for a long time and just to keep myself anonymous for a while I created this account. I am so sorry for opening a thread in a completely irrelevant forum but I have no idea what to do. So, I request all the members to please help me by providing some kind of information.
Here is my story:
I came to US in 2002 and completed masters and been working since then. I got married couple of years ago. Whatever the monetary gifts the girls parents gave as part of the marriage, I put all that in an account on the girls name within 2 days of the marriage. We came to India and from then on the problems started. She and her parents want me to separate from my parents and support their family by sending money to their parents which I couldn't do. How can I leave my parents in their old age when they worked very hard to give a decent life. She has been harassing me mentally for this all the time. Recently her parents have been threatening me saying they will file dowry case in India if I don't send money or cut myself off from my parents. I provided for the girl in all possible ways, even encouraged her to join school to get a masters degree which she stopped soon. We had a baby recently and my parents visited us to help us with the baby. She started harassing them too by saying something or other.
I am very frustrated at this situation and I don't know what to do. I am on H1B and applied for 485 too. At times I feel like applying for divorce but when I think about my little baby I am not able to take that step. The house we currently live in, I bought long before the marriage. It came to a situation where we cannot live together. I cannot ask her to go out of the house because she doesn't have anywhere to go and with the baby even if she leaves, it will be very tough. I said I will leave the house and stay in a apartment for which she threatens to commit suicide. So, I don't know what to do. I am worried about my baby because between all this my baby's life will be spoiled and I don't want that. Can anyone please tell me what I can do in this matter?
Thank you very much for taking time to read this.
It’s very sad...I believe the problem is your in-laws and their influence on your wife. You have to make your wife understand that. Why don’t you try counseling?
Make sure you are not getting into any legal issues here as well as in India...It might cost your GC in the worst case. But I am not sure.
Also record all the conversation with your in-laws and wife when they are black mailing you. Keep all the evidence. It might save you if things go wrong.
This is what I would do I were in your position.
1. Try to convince and make her understand.
2. Try to avoid all her parent's influence on her, if needed I would cut off her from her parents.
3. Take her for counseling.
4. Prepare for the worst case and hope for the best case.
Best of luck
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santb1975
05-22 07:58 AM
Good suggestion
Come forward and contribute for your own cause.
Come forward and contribute for your own cause.
more...
wanna_immigrate
04-11 08:35 PM
How long it takes to get 140 approved in premium?
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desi chala usa
01-06 10:25 AM
Don't forget the education is the biggest business in U.S.A and the immigration is the second one, thats what I learned from my 5 years experience. Both businesses dragging money from foreign ppl (International student has to pay 3-4 times more than local).
more...
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styrum
07-18 03:17 PM
Once they accept I-485 in the system then they give us a Receipt#, with that Receipt we can file for EAD / AP (as long as your PD becomes available) then they will process your I-485, Just thinking.. what do you say guys ... Please lete me know.. Receipt Date Vs Visa Number ...
Thanks
You can file EAD/AP together with 485. That's how I did (actually I140 PP was in the same package too). Sent on 6/21 to I140PP address. Had all the receipts beginning of July.
Thanks
You can file EAD/AP together with 485. That's how I did (actually I140 PP was in the same package too). Sent on 6/21 to I140PP address. Had all the receipts beginning of July.
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newbie2020
05-02 11:00 AM
Do we also need to contact the Senate Judiciary committee for any of these bills yet
http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
more...
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imind
03-12 03:30 PM
It bacame hard to find job with H1B. Most of the companies asking to work on 1099/w2 with EAD or Self Incorporated company LLC Certificate. In this case:
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis (lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed (In this case, only my wife name will be displayed in LLC Certificate as 100% owner and my name is not in LLC Certificate) in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?(Assume that I already opened LLC on my wife's EAD and 100% owned, and my nameis not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
Q4: If I include my name as member/partner in my wife's LLC certificate, can I able to work for any company on 1099 basis (Not corp-to-corp) .
As this is very critical step and helps lot of people, please help and advise the BEST possible options/path with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis (lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed (In this case, only my wife name will be displayed in LLC Certificate as 100% owner and my name is not in LLC Certificate) in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?(Assume that I already opened LLC on my wife's EAD and 100% owned, and my nameis not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
Q4: If I include my name as member/partner in my wife's LLC certificate, can I able to work for any company on 1099 basis (Not corp-to-corp) .
As this is very critical step and helps lot of people, please help and advise the BEST possible options/path with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
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chanduv23
09-10 10:01 AM
They most of the approvals are of US Master degree and above as it is straight fwd EB2 no need to verify skill set etc..
Not quite true - this is done at 140 not 485
Not quite true - this is done at 140 not 485
more...
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sparky123
07-19 11:32 AM
Why would it work against? After all, is H1-B is a dual intent visa...
Only lawyer or the employeer contact can call for labor status queries. DOL does not know you exist. Be careful there is no relation between labor and green card AOS. If you call it shows that you intend to immigrate while on H1. It might work against you.
Only lawyer or the employeer contact can call for labor status queries. DOL does not know you exist. Be careful there is no relation between labor and green card AOS. If you call it shows that you intend to immigrate while on H1. It might work against you.
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jr8rdt
01-07 03:50 PM
looks like many people in this thread are planning to travel using AP. Just curious: are you all currently using EAD? I heard that once you enter using AP your H1 is no longer valid and you must use EAD though you are still working for the same company.
little bit off topic....
little bit off topic....
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venky08
01-05 11:18 PM
i think the quality of education is not that big of a deal. both countries do well on their sides. it is the rewards associated with a certain type of education that is important...it just so happens that while people of our generation (mostly generation X) were studying management/law/finance in US, people in india were studying engineering/science and math...that being the rewarding career of choice for the masses in respective countries.
Indian people are doing well here as a community and will do well in years to come. this is because they saw opportunity and freedom as they never saw before in this country...they wanted to make the best of it and couldnt wait to do an excellent job and in turn reap rewards of honest hard work.
Unfortunately due to the protectionist business environment before 1992, before Manmohan Singh then finance minister open the economy for free trade the economy couldnt generate sufficient opportunities for the masses. that is the reason why people took great efforts to immigrate to US and achieve great success.
what we see today in India are the good effects of free trade policies which started in 1992. It took almost a decade to see them conspicuously. i am so happy that India now offers promising careers to its engineers that were very scarce 15-20 years ago.
Indian people are doing well here as a community and will do well in years to come. this is because they saw opportunity and freedom as they never saw before in this country...they wanted to make the best of it and couldnt wait to do an excellent job and in turn reap rewards of honest hard work.
Unfortunately due to the protectionist business environment before 1992, before Manmohan Singh then finance minister open the economy for free trade the economy couldnt generate sufficient opportunities for the masses. that is the reason why people took great efforts to immigrate to US and achieve great success.
what we see today in India are the good effects of free trade policies which started in 1992. It took almost a decade to see them conspicuously. i am so happy that India now offers promising careers to its engineers that were very scarce 15-20 years ago.
willwin
04-01 11:53 AM
If the system is flawed, any effort to work it out to get things done would seem incompetent and inefficient. First off, this guessing game by USCIS of estimating visa applications and asking for visa numbers from DHS is so neondartal and ridiculous.
Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!
With all the revenue and system they have, do you think this is so tough to streamline? I doubt.
They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.
Process must be automated and centralized to eliminate any human intervention in performing guesstimates. A pool of visas must be made available in the system and must remain available for the next year to be carried over if needs be. That would eliminate pressure on officials to play the game in the dark and rush like maniacs at the end of the fiscal year to catch frogs!
With all the revenue and system they have, do you think this is so tough to streamline? I doubt.
They can, at the minimum, have the cases in sequence, process per FIFO, control PD movements logically. The minimum they can do, easily.
ilwaiting
04-25 12:05 PM
Canada, Australia, UK(may be few more countries) does enable the applicant to handle the case rather than being sponsored by employer beause they do not have Many Non-immigrant Worker options as USA does. So they have to apply for a PR from outside the country.
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
Guys what about the type of visa? I mean shud the start date be ur H1B start date or ur F1 entry date? Coz if some people start on an H1 a lot of us also started on an F1. In that case doesnt it make more sense to root for the clause that says the immigrant can apply for his own GC that is employer independant? If i am not mistaken, is that not already a part of the PACE act?
Besides a lot of people are not sure for a while, if they even want to apply for their GCs or not initially. I personally know of atleast 3 such people. By putting the responsibility of application of the GC into the immigrant's hands, and empowering the applicant to apply for himself/herself, the process becomes a lot more transparent and fair. That way the day the immigrant decides to apply and applies is their PD. That way if someone does not start it as soon as he/she can, it is now up to them. Since the applicant Can apply for himself instead of being sponsored for a GC by an employer, it is no longer employer based, so no one can fault the employer saying that, "They didnt file for me for a year".
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