frost_oni
04-11 02:54 PM
eye. [ *inspired by smashing pumpkins* ]
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apnair2002
03-23 12:48 PM
Reid has threatened to fillibuster Frist's bill if it has no provision for Amnesty and guest-worker program.
If he sticks to it, Frist's bill may be a failure.
Expect to see some fireworks on 27th and 28th. Its not going to be decent.
Logilife we will not see any light at the tunnel on 28 th too?If the First's bill is not passed did you see any other bill pending in us senate ?
If he sticks to it, Frist's bill may be a failure.
Expect to see some fireworks on 27th and 28th. Its not going to be decent.
Logilife we will not see any light at the tunnel on 28 th too?If the First's bill is not passed did you see any other bill pending in us senate ?
arihant
09-07 09:16 AM
I do not know what they are up to but this is definitely a wrong database (old...or test data...or something) because my case is showing up as closed. When this same website was up the last time, my case had shown CLOSED back then too. I panicked at that time and had my lawyer contact BEC. They emailed back the same day with a screen shot saying that my case is still pending. So, DO NOT RELY on this database for gaining status info on your individual case. IT IS DEFINITELY WRONG.
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aristotle
01-13 10:51 PM
I am also in the same boat. My understanding is that you can transfer H1 and have that valid for 3 years. You can start working once you receive the receipt, but it is better to wait for the approval I think. Your new employer should be able to file PERM and I140 and retain your PD from the earlier I140.
My question is if something doesn't go well with the new employer and I am seeking another H1 transfer, is it even possible?
My question is if something doesn't go well with the new employer and I am seeking another H1 transfer, is it even possible?
more...
vban2007
06-29 02:14 PM
Please help to provide affidavit format
satyasrd
06-24 02:00 PM
I have asked this question to the IV team several times but either got no response or a rude something like "July 2007 will never happen again". Most people on this message board have their EAD's and don't care much if others get it or not. In fact I was talking to a colleague of mine (with an EAD of course) and he openly mentioned that others (along with their spouses) will create more competition, if given a chance to file for I-485.
I agree that this is a ridiculous wait.. I mean does a person in EB3 who files now have to wait 20 years just for an EAD ?
I know everyone is waiting for CIR but no one actually knows if it will ever happen or even if it does who can guarantee that our interests will not be put aside to make way for the illegals ???
My point is they are very few of us and we are all by ourselves. We cannot expect any help from IV in this matter. I am not sure but maybe those of us who are waiting for a "July 2007" can get together and request USCIS to open a window ?!
I think we should all definitely gather up and start a campaign of our own.
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
I agree that this is a ridiculous wait.. I mean does a person in EB3 who files now have to wait 20 years just for an EAD ?
I know everyone is waiting for CIR but no one actually knows if it will ever happen or even if it does who can guarantee that our interests will not be put aside to make way for the illegals ???
My point is they are very few of us and we are all by ourselves. We cannot expect any help from IV in this matter. I am not sure but maybe those of us who are waiting for a "July 2007" can get together and request USCIS to open a window ?!
I think we should all definitely gather up and start a campaign of our own.
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn’t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
more...
gcseeker2002
03-19 11:30 AM
Any exemption you claim must be backed by qualifying criteria as published in IRS publications AND appropriate documentation (receipts et al)
In order to claim a "relative" as a dependent, he/she needs to meet following criteria -
Qualifying Relative
There are four tests that must be met for a person to be your qualifying relative. The four tests are:
1. Not a qualifying child test,
2. Member of household or relationship test,
3. Gross income test, and
4. Support test.
Member of Household or Relationship Test
To meet this test, a person must either:
1. Live with you all year as a member of your household, or
2. Be related to you in one of the ways listed under Relatives who do not have to live with you.
Gross Income Test
To meet this test, a person's gross income for the year must be less than $3,500.
Gross income defined. Gross income is all income in the form of money, property, and services that is not exempt from tax.
Support Test (To Be a Qualifying Relative)
To meet this test, you generally must provide more than half of a person's total support during the calendar year.
However, if two or more persons provide support, but no one person provides more than half of a person's total support, see Multiple Support Agreement , later.
Given the complexities of the last 2 tests, you need to be extremely cautious in making sure your parents do not have nontaxable Gross Income (anywhere in world) exceeding $3500 in the calendar year AND you do complex "Support Test" calculations to determine if you meet the >50% support per parent. AND you need to be able to back all the support costs (those that are permissible and as defined by IRS) with expense receipts.
Everything is in IRS Pub 501.
In the end it may not be worth it.
I had my parents here last year, and they have been 3-4 times in the past when I never claimed them, but this year HR block told that if they have stayed over 180 days each in all trips included, you could add them as dependents. I had got the passport notarized by local notary when they were here so I did not have those questions. I have filed my return through HR block by paper return, hopefully it will get accepted.
In order to claim a "relative" as a dependent, he/she needs to meet following criteria -
Qualifying Relative
There are four tests that must be met for a person to be your qualifying relative. The four tests are:
1. Not a qualifying child test,
2. Member of household or relationship test,
3. Gross income test, and
4. Support test.
Member of Household or Relationship Test
To meet this test, a person must either:
1. Live with you all year as a member of your household, or
2. Be related to you in one of the ways listed under Relatives who do not have to live with you.
Gross Income Test
To meet this test, a person's gross income for the year must be less than $3,500.
Gross income defined. Gross income is all income in the form of money, property, and services that is not exempt from tax.
Support Test (To Be a Qualifying Relative)
To meet this test, you generally must provide more than half of a person's total support during the calendar year.
However, if two or more persons provide support, but no one person provides more than half of a person's total support, see Multiple Support Agreement , later.
Given the complexities of the last 2 tests, you need to be extremely cautious in making sure your parents do not have nontaxable Gross Income (anywhere in world) exceeding $3500 in the calendar year AND you do complex "Support Test" calculations to determine if you meet the >50% support per parent. AND you need to be able to back all the support costs (those that are permissible and as defined by IRS) with expense receipts.
Everything is in IRS Pub 501.
In the end it may not be worth it.
I had my parents here last year, and they have been 3-4 times in the past when I never claimed them, but this year HR block told that if they have stayed over 180 days each in all trips included, you could add them as dependents. I had got the passport notarized by local notary when they were here so I did not have those questions. I have filed my return through HR block by paper return, hopefully it will get accepted.
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shree19772000
03-19 04:02 PM
I donno why someone gave me a red for posting this thread. Not that I care but just wondering what could be the reason.
more...
s_r_e_e
03-24 02:23 PM
i dont think marlabs is bad and it is not a 1 man desi company. i used to work for them until last year. They have been very proffessional in all dealings (paycheck , insurance, immigration etc).
as far not providing I140 details, i dont know if any one here has asked for it or just assuming and complaining ..
When I quit, they were very helpful even though I moved with breaking a non-competency contract .. The accout manager went to the extend of providing me a letter to the effect of voiding the contract, upon my request.
as far not providing I140 details, i dont know if any one here has asked for it or just assuming and complaining ..
When I quit, they were very helpful even though I moved with breaking a non-competency contract .. The accout manager went to the extend of providing me a letter to the effect of voiding the contract, upon my request.
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rustamehind
07-17 09:20 PM
As I was on another thread, "Expect your receipts in 1-2 years from now".
For the 60K people whose H-1b applications were filed and selected on April 1st, USCIS took almost 3 months to just encash checks and send out receipts.
Here we are talking half a million + dependants. Add AP for all of them and EAD for all adults. We are talking millions of receipts here compared to the measly 60K H-1b Applications.
In the coming weeks, USCIS is almost certain to remove the 90 day gurantee for EAD as well. We cannot blame them for not being able to deal with a million EADs all at once.
Quite a valid point.I was thinking to stay on H1 as far as possible , as I still have 2 and 1/2 years left.EAD & AP renewal may become very difficult with this deluge of applications.
For the 60K people whose H-1b applications were filed and selected on April 1st, USCIS took almost 3 months to just encash checks and send out receipts.
Here we are talking half a million + dependants. Add AP for all of them and EAD for all adults. We are talking millions of receipts here compared to the measly 60K H-1b Applications.
In the coming weeks, USCIS is almost certain to remove the 90 day gurantee for EAD as well. We cannot blame them for not being able to deal with a million EADs all at once.
Quite a valid point.I was thinking to stay on H1 as far as possible , as I still have 2 and 1/2 years left.EAD & AP renewal may become very difficult with this deluge of applications.
more...
vladdrac
06-18 04:45 PM
well I haven't got to it yet
That is good that you won't be able to start till monday, gives me a little time. I got so much on my plate, I have so many deadlines...If I have time I will try to work on it tonight......
That is good that you won't be able to start till monday, gives me a little time. I got so much on my plate, I have so many deadlines...If I have time I will try to work on it tonight......
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iad2ead
06-22 11:19 PM
I would like to update my Employer about this issue so that if I get stuck in
India I have a plan. Can anyone please let me know if this is in some USCIS website?
thanks a bunch
cheers
Iad
I've to go to India on a emergency trip for 15 days and comeback stamping my 9th year extension from Kolkata US Consulate . Now i hear peoples are stuck for months @ PIMS.
I heard that Canada and Mexico US consulates at least let you know if your petition is visible before you leave US. So if i check with them during the day tomorrow and hear 'yes' - can i assume that the extension Petition will be visible at Kolkata,India consulate as well ?
Is PIMS truly a centralized system ?
India I have a plan. Can anyone please let me know if this is in some USCIS website?
thanks a bunch
cheers
Iad
I've to go to India on a emergency trip for 15 days and comeback stamping my 9th year extension from Kolkata US Consulate . Now i hear peoples are stuck for months @ PIMS.
I heard that Canada and Mexico US consulates at least let you know if your petition is visible before you leave US. So if i check with them during the day tomorrow and hear 'yes' - can i assume that the extension Petition will be visible at Kolkata,India consulate as well ?
Is PIMS truly a centralized system ?
more...
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martinvisalaw
01-26 02:00 PM
The main question is whether I can you use XYZ Inc (the company that I own) for my own employment on EAD basis. And, any preference as to whether "XYZ employs me on W2" or "XYZ pays me on 1099"
The relationship that you have with the company should not matter for immigration purposes. You should, however, speak with a business lawyer about the best entity for your purpose.
Remember - even if you are self-employed, you must still meet the AC21 portability requirements for your 485 to continue.
The relationship that you have with the company should not matter for immigration purposes. You should, however, speak with a business lawyer about the best entity for your purpose.
Remember - even if you are self-employed, you must still meet the AC21 portability requirements for your 485 to continue.
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ksircar
07-09 10:37 PM
Does anyone has experience of travelling by NWA/KLM to India with AP (H1B stamp already expired)?
Does it require any transit visa (as in Heathrow, London, UK)?
Do they create problem for AP holder (with H1B stamping expired)?
Thanks.
Does it require any transit visa (as in Heathrow, London, UK)?
Do they create problem for AP holder (with H1B stamping expired)?
Thanks.
more...
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GCBy3000
01-03 11:16 AM
This is from www.aila.org todays posting.
Does anyone have access to this article?
The Pulse: AILA�s Capitol Beat � January 2, 2007
The 51st issue of the AILA Advocacy Department�s proactive advocacy briefing. In this issue, learn why Radio Campesina host Alfredo Gutierrez believes Congress must pass comprehensive immigration reform now. Also, find out about upcoming town hall meetings with U.S. Senators and Representatives in CA, IN, KS, and OR. AILA Doc. No. 07010362.
Does anyone have access to this article?
The Pulse: AILA�s Capitol Beat � January 2, 2007
The 51st issue of the AILA Advocacy Department�s proactive advocacy briefing. In this issue, learn why Radio Campesina host Alfredo Gutierrez believes Congress must pass comprehensive immigration reform now. Also, find out about upcoming town hall meetings with U.S. Senators and Representatives in CA, IN, KS, and OR. AILA Doc. No. 07010362.
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meridiani.planum
06-27 02:17 AM
Gets funnier by the day
06/26/2008: USCIS to Search, Collect, and Use Information From Commercial Online Database to Adjudicate Applications and Petitions
The USCIS authority disclosed at the AILA Conference in Vancouver that beginning from about two months from now, the field offices will require less supporting documentation from the petitioners or applicants and instead use the information about the petitioners or applicants which are available and accessible to the public online to adjudicate the petitions or applications. The disclosure of this information initially gave an impression that it might be a good move to required from the petitioners and applications less amount of supplemental documentation with possibly less amount of RFE, but close analysis of the announcement raised a serious concern to the immigration lawyer community in the Conference. The serious concerns include, among others, (1) privacy of the information on the applicants and the petitioners; (2) suspect accuracy of the commercial online database without any mechanism for verification; and (3) ultra viras of the authority of the agency whose statutory authority is to "adjudicate" the immigration benefits petitions and adjudication "based on the evidence offered by the parties" rather than to search, investigate, and collect the privacy information" as a quasi-investigatory authority and adjudicate the petitions and applications based on such information which is not offered by the parties in the administrative proceedings under the Administrative Procedure Act but collected by the agency on its own. It is likely that the immigration lawyer community will continuously oppose every move of the agency and discourage the agency from taking such action. Otherwise, the agency may face challenges at many different levels, including political, legal, and administrative actions. Please stay tuned.
Wonder how a decision they make based on info they find online will stand up in court, considering that most of the info on the internet (other than immigrationvoice.org ofcourse) is utter junk.. If my 485 is denied because of what some drunken idiot friend puts up about me on facebook, I will definately fight it in court.
what if someone dislikes me, and puts up a webpage connecting my name with extremist groups?? are they going to put me into additional security checks or even deny my application based on that? what if there is a fuzzy picture of someone holding an AK-47 with some mountains in teh background, and someone puts it on the webpage and says its me in afghanistan?? what then? bye-bye GC, hello Guantanamo Bay???
06/26/2008: USCIS to Search, Collect, and Use Information From Commercial Online Database to Adjudicate Applications and Petitions
The USCIS authority disclosed at the AILA Conference in Vancouver that beginning from about two months from now, the field offices will require less supporting documentation from the petitioners or applicants and instead use the information about the petitioners or applicants which are available and accessible to the public online to adjudicate the petitions or applications. The disclosure of this information initially gave an impression that it might be a good move to required from the petitioners and applications less amount of supplemental documentation with possibly less amount of RFE, but close analysis of the announcement raised a serious concern to the immigration lawyer community in the Conference. The serious concerns include, among others, (1) privacy of the information on the applicants and the petitioners; (2) suspect accuracy of the commercial online database without any mechanism for verification; and (3) ultra viras of the authority of the agency whose statutory authority is to "adjudicate" the immigration benefits petitions and adjudication "based on the evidence offered by the parties" rather than to search, investigate, and collect the privacy information" as a quasi-investigatory authority and adjudicate the petitions and applications based on such information which is not offered by the parties in the administrative proceedings under the Administrative Procedure Act but collected by the agency on its own. It is likely that the immigration lawyer community will continuously oppose every move of the agency and discourage the agency from taking such action. Otherwise, the agency may face challenges at many different levels, including political, legal, and administrative actions. Please stay tuned.
Wonder how a decision they make based on info they find online will stand up in court, considering that most of the info on the internet (other than immigrationvoice.org ofcourse) is utter junk.. If my 485 is denied because of what some drunken idiot friend puts up about me on facebook, I will definately fight it in court.
what if someone dislikes me, and puts up a webpage connecting my name with extremist groups?? are they going to put me into additional security checks or even deny my application based on that? what if there is a fuzzy picture of someone holding an AK-47 with some mountains in teh background, and someone puts it on the webpage and says its me in afghanistan?? what then? bye-bye GC, hello Guantanamo Bay???
more...
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JayKay
02-28 10:15 AM
Can plz. check your PM and respond. Thanks
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yagw
12-14 01:18 PM
Best Advice. I completely forgot to get all documents but it should be smooth as my lawyer would have it all and if not i can even get it from my company.
Thanks
USDream2dust
You're most welcome :)
Thanks
USDream2dust
You're most welcome :)
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vjkypally
02-07 11:05 AM
What your Lawyer said is wrong. As per the document on AP, your 485 status will be jeopardized if you leave without AP getting approved.Per my lawyer... It can be approved when you are out of country and you can use it if someone can mail you the documents... Just need to be filed while in US.. like I-485...
gvenkat
02-08 01:50 PM
There are insurances that charge 200$. at the risk of sounding rude... this does not make sense.. if the salary is low how come the 140 got approved or even for that matter h1. i know friends who have insurance without the companies sponsoring... if they want to save a buck or two by not having insurancce... thats not good.... maybe they dont want to... :confused:
yabadaba
07-25 10:35 AM
any updates?
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