sailing_through
02-18 01:05 PM
Thanks for the quick reply, Krishna. I would infact get paid in INR in an Indian account. But what do we do when we file our taxes? When my husband files as "married filed jointly", do we declare this income? Do you have any inputs on that.
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voldemar
02-27 05:11 PM
6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.That's true. Also EB3 cases are the easiest, EB2 a little more complex and EB1 the most complex. USCIS officers tend to do easiest job more often ;)
GooblyWoobly
10-17 03:47 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
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Dhundhun
08-06 07:32 PM
Dhundhun
I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.
RD: 08/02/2007, ND: 09/17/2007 @NSC
Have you seen any LUD's recently?
No, last LUD was in Dec. It does not matter, because in between LUDs are not happening. Directly people are getting a HARD LUD for GC approval.
I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.
RD: 08/02/2007, ND: 09/17/2007 @NSC
Have you seen any LUD's recently?
No, last LUD was in Dec. It does not matter, because in between LUDs are not happening. Directly people are getting a HARD LUD for GC approval.
more...
pbuckeye
09-14 08:27 AM
I think he was just trying to make a point about being pressed by all parties involved (repubs/dems/liberals/conservatives in our case)
At least the Jews had more solidarity among their community, perhaps it should be a lesson for all EB immigrants to be and stay united.
At least the Jews had more solidarity among their community, perhaps it should be a lesson for all EB immigrants to be and stay united.
gimme_GC2006
07-31 10:42 AM
Hi,
I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.
So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?
This is my second trip on AP.
Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?
Adding to this, my PD will be current from Aug-1st :(
Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.
So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?
This is my second trip on AP.
Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?
Adding to this, my PD will be current from Aug-1st :(
Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)
more...
bank_king2003
06-04 03:01 PM
really appreciate it.
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lord_labaku
12-02 08:54 PM
ya i replied. I am sure no one is looking forward to paying taxes. Even those who make more than $1 million a year.
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blacktongue
10-05 11:07 AM
How did they pull it off?
If you file a lawsuit you can ask for documents.
If you file a lawsuit you can ask for documents.
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rpat1968
09-10 11:47 AM
MY PD is july 2004 (I485 filed on 2 July 2007 with ND date 8/9/2007) and I did not get any approvals so I opened a SR on 09/03/09.
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
Yesterday I received a "DISTURBING" response to the SR saying that my dates are not current because I am in EB3. I am EB2 and had only I140 approved way back in Nov 2006. So I created another SR (with the help of a nice CSR by calling USCIS yesterday 09/09/09) today morning I went for an infopass appointment in DallaS, TX to check why the USCIS is saying my case is in EB3 and not EB2. Luckily at the Infopass I was assigned to a Desi IO to help me with my issue. He spent lot of time looking researching my case and told me that my case is EB2 and the dates are current. During my Infopass appointment the IO noticed that someone audited my case few seconds before and showed me the screen where it showed that my case was PreAdjudicated. He said it looks like soneone is working on the case and I should hear from USCIS quickly. I am sure that the Second SR triggered some one to look at the case. And might be they corrected the EB category.
Now I am eagerly awaiting my approval (primary + 2 Dependents).
My suggesstion to people who are waiting (With PD's before Feb 2005 ) are to Open SR , make Infopass appointments to check on the status. Its very important to know if there are any problems in your case similar to mine.
If anyone needs any help with Opening SR or creating Infopass PM me and I will be glad to help.
more...
Gravitation
04-09 01:12 PM
We must think about what we do after CIR fails.
US congress has performed bigger miracles before: Abolition of Slavery, voting rights for women, civil rights.
Who knows what'll happen. All we can do is to give it our best shot.
US congress has performed bigger miracles before: Abolition of Slavery, voting rights for women, civil rights.
Who knows what'll happen. All we can do is to give it our best shot.
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aps1
08-24 09:27 AM
Hi,
I was wondering under what option you are able to get info pass at Hartford. Is there is any specific time in a day you tried?
"You need information or other services"
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
I was wondering under what option you are able to get info pass at Hartford. Is there is any specific time in a day you tried?
"You need information or other services"
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
more...
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ndbhatt
07-24 12:08 PM
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
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dilbert_cal
04-26 12:21 AM
WillGetGC2005
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
Alright my last understanding was wrong.
So to recap what I understand :-
You have a PD of 2002 in EB3. Have approved I-140 and pending 485.
What you want to do is file a new labor in EB2, use your approved I-140 to change PD to 2002 and then file 485 in EB2.
Since you have a 485 filed, why would you want another 485 ?
Possible reason :- You think EB3 is retrogressed right now - so the final approval may not come for another 2 years possibly ( i.e. if no bills pass )
If you convert your case to EB2 which is current, you may have your actual GC much sooner.
Now to your question - what happens if the old employer revokes I-140.
I've come across different answers to it. There are lawyers who believe that once your 140 is approved, the PD is yours for life. Only time you will lose it is if the 140 is revoked due to fraud. Normal revocation request from employer will not impact it. Some lawyers are of the opinion that it may not work this way. This is an untested scenario - atleast to my knowledge. There is some risk in it but you can minimize it by first asking the new employer to file a PERM in EB2, get it approved, file for I-140 in Premium and change your PD. Once all of this is done, you should change your company to the new employer ( provided dates are still current for EB2 ). This way you run very little risk.
If I were you, I would use AC-21 to change employers. The process you are trying to go is a long one and its going to take time. But yes, there are distinct advantages in getting over with this process and probably I might had been tempted to do it too :-)
Sorry for the long winded answer - the short answer is revocation of I-140 by your previous employer will not impact your PD transfer. But its not for certain - its believed to be so by some lawyers. ( I've talked to 3 of them on this issue and majority feels it will not impact )
more...
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LostInGCProcess
02-24 05:33 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
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ardnahc
08-14 12:34 PM
for posting USCIS processing times
https://egov.uscis.gov/cris/processTimesDisplay.do
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
https://egov.uscis.gov/cris/processTimesDisplay.do
NSC - I485 - Sep 15 2007
TSC - I485 - Aug 30 2007
Cheers,
Ardnahc
more...
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desi3933
02-14 08:31 AM
There is no rule/law that'll help you get a green card if you stay here for 10 years or even 50 years.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
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Sreeshankar
01-25 08:43 AM
Hello friends;
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
Need some information on studies while on EAD. I am a EB3 (Aug 2004) and so my daughter too. She is in final year of her graduation and applying for Med schools after a competitive score in MCATs. Got a rejection from Arkansas college as she is not a GC holder yet. So I was wondering if anyone studying medicine on EAD?
Most of the colleges wont say about eligibility while applying and the application does not have a immigration category for AOS, it has Dependent, F1, GC and others. We had to go with Others option, ofcourse specified about AOS in rermarks.
Thanks in advance for sharing any information
Venu
Greetings,
Please read the information in the link (from Attorney Murthy forum) below. There are some pointers/indications in it. ( I truly hope I have not infringed any copy right or rules of posting the link here).
which medical school in USA gives admission while 485 pending? - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=3711022771)
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lazycis
01-13 04:47 PM
I live in northern california and has written letters to congressman, first lady but not response.
Northern Cal is arguably the best district to file Wom. You can give it try. What is the USCIS response?
Northern Cal is arguably the best district to file Wom. You can give it try. What is the USCIS response?
maddipati1
07-31 06:19 PM
why does it have to be only one option. submit both or even more of other types
coopheal
02-19 05:32 PM
Please one of you summarize handling of EAD/AP for multiple I-485s on wiki.
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/I485_FAQ#How_does_USCIS_handles_EAD.2FAP_for_Multi ple_I-485s
Thanks,
Coopheal
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/I485_FAQ#How_does_USCIS_handles_EAD.2FAP_for_Multi ple_I-485s
Thanks,
Coopheal
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