das0
06-22 09:30 AM
[QUOTE=desi3933]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
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Lisap
09-12 05:27 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
Just hang in there you will have your receipts soon!!
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
Just hang in there you will have your receipts soon!!
clif
07-26 01:17 PM
How are the dates mentioned in the following press release (on July 20th) to be interpreted:
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes20Jul07.pdf
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xgoogle
06-25 07:59 AM
So we can apply for an EAD and AP renewal when the time comes on our own?
Also is AC-21 filing involved in this case?
And would my current employer need to do anything or need to not do anything?
Thanks,
Also is AC-21 filing involved in this case?
And would my current employer need to do anything or need to not do anything?
Thanks,
more...
pom
10-15 01:08 AM
Looks great, No-tec. I'm 100% impressed.
pom :smirk:
pom :smirk:
adibhatla
02-18 12:15 PM
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
more...
franklin
02-10 04:10 PM
I think it all depends on what the job qualifications required are.
For Eb2, the JOB DESCRIPTION (i.e. - not what your personal qualifications are) you generally need either a masters degree or bachelors with 5+ years experience. Please note, if you are thinking about jumping from EB3 to EB2 at the same company, without a change in job title - it will be tough to now say that your job requires the extra experience.
In addition, if you don't have a master's degree, and are relying on years of experience, you are NOT able to count experience at your current company towards that.
I know, its ridiculous, and basically discourages company loyalty.
Hope this helps
For Eb2, the JOB DESCRIPTION (i.e. - not what your personal qualifications are) you generally need either a masters degree or bachelors with 5+ years experience. Please note, if you are thinking about jumping from EB3 to EB2 at the same company, without a change in job title - it will be tough to now say that your job requires the extra experience.
In addition, if you don't have a master's degree, and are relying on years of experience, you are NOT able to count experience at your current company towards that.
I know, its ridiculous, and basically discourages company loyalty.
Hope this helps
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raghav235
06-17 06:47 PM
As per the information that I have http://www.wynnandwynn.com/biography/miller.html
is the reasonable attorney. I have contacted him about the AC21 and looks good to me. He wants me to send all the necessary documents for further review. I am planning to invoke my AC21 in the month of august where my current and new job falls under similar criteria.
Friends please share the information about any other good immigration attorneys in Boston Area.
Thanks
Can somebody suggest a good immigration lawyer in the Boston Area. Need to consult for AC21, transfer employer, transfer existing case from present employer etc.
Thanks
is the reasonable attorney. I have contacted him about the AC21 and looks good to me. He wants me to send all the necessary documents for further review. I am planning to invoke my AC21 in the month of august where my current and new job falls under similar criteria.
Friends please share the information about any other good immigration attorneys in Boston Area.
Thanks
Can somebody suggest a good immigration lawyer in the Boston Area. Need to consult for AC21, transfer employer, transfer existing case from present employer etc.
Thanks
more...
Googler
02-14 04:24 PM
"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
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sai
03-25 11:43 AM
How can a attorney help in getting H1 stamped at a Canadian US consulate ?
more...
meridiani.planum
03-14 02:04 PM
Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.
What are my options? I am in status?
Thanks for your advice.
u r in status of pending-AOS. So if you forget about H1 for new job and take it up on EAD, you are all set.
If you try to do H1 transfer and the gap from now to tha ttransfer is a lot, then they might not extend the H1 status and you'll need to leave and re-enter the US.
What are my options? I am in status?
Thanks for your advice.
u r in status of pending-AOS. So if you forget about H1 for new job and take it up on EAD, you are all set.
If you try to do H1 transfer and the gap from now to tha ttransfer is a lot, then they might not extend the H1 status and you'll need to leave and re-enter the US.
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minimalist
08-18 04:09 PM
Thanks for the reponse imm_pro and kopra.
Hi Kopra,
My wife will be returing beack from india in mid october :(...
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
Hi Kopra,
My wife will be returing beack from india in mid october :(...
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
more...
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obelix
07-27 03:14 PM
Thanks.
Yes, you need to know your original title that was used.
Yes, you need to know your original title that was used.
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GCOP
09-22 03:41 PM
Junky and ItIsNotFunny, I gave you Green for motivating the members to call. Good job.
I called Congressmen/women on the List today and also had called them earlier.
I called Congressmen/women on the List today and also had called them earlier.
more...
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ganguteli
02-03 01:54 PM
Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.
Go back...
Dude 'Fairlyangel' may be 'Tunnel rat' now posing as an angel . He is trying real hard to show H1Bs as fraud but he himself is faking his identity on IV and doing fraud.
Common, post your real name and real resume if you have any guts. Stop being annonymous if you really want to change the system.
:D:D:D:D
Go back...
Dude 'Fairlyangel' may be 'Tunnel rat' now posing as an angel . He is trying real hard to show H1Bs as fraud but he himself is faking his identity on IV and doing fraud.
Common, post your real name and real resume if you have any guts. Stop being annonymous if you really want to change the system.
:D:D:D:D
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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..
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..
more...
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sujith1
07-09 07:55 PM
I did self filing of EAD and AP and sent the docs using USPS express mail. When I checked the status this is what I found
"Status: Notice Left
We attempted to deliver your item at 10:59 AM on July 9, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later"
So if nobody picks it up after the second delivery they will send it back - Was it a mistake to send by express mail?
Thoughts???
"Status: Notice Left
We attempted to deliver your item at 10:59 AM on July 9, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later"
So if nobody picks it up after the second delivery they will send it back - Was it a mistake to send by express mail?
Thoughts???
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looivy
09-02 02:56 PM
What options do I press to reach the customer service rep?
Thanks.
Sorry for starting a thread because I could not locate the info.
How do I reach a customer service rep at USCIS toll free number to create an SR. What options do I select to reach the customer service rep?
Thanks.
Sorry for posting this thread. I could not locate the information on the forum.
What options do I select to talk to customer service rep?
Thanks.
Thanks.
Sorry for starting a thread because I could not locate the info.
How do I reach a customer service rep at USCIS toll free number to create an SR. What options do I select to reach the customer service rep?
Thanks.
Sorry for posting this thread. I could not locate the information on the forum.
What options do I select to talk to customer service rep?
Thanks.
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bitzbytz
03-10 10:08 PM
Never an issue with Money2Transfer. Best service of all and multiple options. Been using it for close to 10 yrs now. Latest interest rates for FD in india is 9.25%. Time to send more again
purgan
12-08 03:47 PM
Mike Huckabee is fast emerging as the leading Republican Presidential Candidate, and has a commanding lead in Iowa.
While all other leading Repub contenders: McCain, Guiliani, Romney and Thompson, have expressed support for strengthening and increasing high skilled immigration, not much was known about Huckabee as he was in State Government previously.
http://www.mikehuckabee.com/?FuseAction=Newsroom.PressRelease&ID=412
Modernize the Process of Legal Immigration:
Increase visas for highly-skilled and highly-educated applicants.
Improve our immigration process so that those patiently and responsibly seeking to come here legally will not have to wait decades to share in the American dream.
Mark Krikorian's entry on Huckabee's plan. Naturally he's not happy with Any increase on immigration even if there are cuts in other areas...but who cares....every one of the likely Repub Presidential Candidates support increasing High Skill Immigration.
http://corner.nationalreview.com/post/?q=YzI5MjhhNmQwZjhjMTNlOTgyNGQxN2NkNjQ3ZmIzNzM=
The leading Democrats - Clinton, Obama and Edwards- also support increasing High Skill Immigration. I hope the Congressional leaders take note of what their future Chief Executives are saying...and ACTUALLY DO SOMETHING!!!
While all other leading Repub contenders: McCain, Guiliani, Romney and Thompson, have expressed support for strengthening and increasing high skilled immigration, not much was known about Huckabee as he was in State Government previously.
http://www.mikehuckabee.com/?FuseAction=Newsroom.PressRelease&ID=412
Modernize the Process of Legal Immigration:
Increase visas for highly-skilled and highly-educated applicants.
Improve our immigration process so that those patiently and responsibly seeking to come here legally will not have to wait decades to share in the American dream.
Mark Krikorian's entry on Huckabee's plan. Naturally he's not happy with Any increase on immigration even if there are cuts in other areas...but who cares....every one of the likely Repub Presidential Candidates support increasing High Skill Immigration.
http://corner.nationalreview.com/post/?q=YzI5MjhhNmQwZjhjMTNlOTgyNGQxN2NkNjQ3ZmIzNzM=
The leading Democrats - Clinton, Obama and Edwards- also support increasing High Skill Immigration. I hope the Congressional leaders take note of what their future Chief Executives are saying...and ACTUALLY DO SOMETHING!!!
belmontboy
08-15 04:05 PM
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
some retard gave me a red for this post!!!!
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
some retard gave me a red for this post!!!!
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