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lostinbeta
10-03 01:29 PM
That isn't fair. I don't know trig like that.
:::weeps in corner::::(
:::weeps in corner::::(
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tnite
07-26 03:16 PM
Lawyer told that after AOS filing one is in dual status so no worry. But I am not 100 % sure
To be safe change her to H4
To be safe change her to H4
GCNirvana007
03-30 08:18 AM
Thank you guys for helping me.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
Make sure its some sort of emergency given today's scenario.
Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
Thanks again!
Make sure its some sort of emergency given today's scenario.
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nonimmi
05-29 03:58 PM
Early 2004 Priority date (EB3 India) may still be possible considering the huge movement happened last month. Who knows?? :)
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Canadianindian
07-08 09:55 PM
5 star from me too :D
Best of luck.
Best of luck.
gcnirvana
01-17 12:33 PM
Hello,
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
You've to apply for the ITIN when you file your tax returns. But you should not send the docs to the address shown in the 1040 or 1040EZ, etc. but to the address shown in form W-7 (ITIN). Once IRS assigns an ITIN # to the H4 applicant, they'll send the tax return filing docs along with the ITIN# to the appropriate dept for filing tax returns.
By the way, you don't need a Birth Certificate for an ITIN, just a notorized copy of the passport will do. Atleast that was the case till last year. Checkout the following site for more info on ITIN and tax returns:
http://www.irs.gov/individuals/article/0,,id=96287,00.html
hope this helps,
GCNirvana
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
You've to apply for the ITIN when you file your tax returns. But you should not send the docs to the address shown in the 1040 or 1040EZ, etc. but to the address shown in form W-7 (ITIN). Once IRS assigns an ITIN # to the H4 applicant, they'll send the tax return filing docs along with the ITIN# to the appropriate dept for filing tax returns.
By the way, you don't need a Birth Certificate for an ITIN, just a notorized copy of the passport will do. Atleast that was the case till last year. Checkout the following site for more info on ITIN and tax returns:
http://www.irs.gov/individuals/article/0,,id=96287,00.html
hope this helps,
GCNirvana
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IV2007
06-25 12:06 PM
Guys,
My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.
What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?
We have planned for H1 stamping back in India while she's on vacation.
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
My wife is on first time H1. She got her H4 converted to H1 in Jan '07. I am applying for 485 and she's secondary applicant on my file.
What are the pros & cons of travelling to India in 3rd week of Aug 07, assuming we will get the reciept by then (EB2) ?
We have planned for H1 stamping back in India while she's on vacation.
here's my thoughts on this; If her h1 gets stamped she doesn't need AP. however if H1 gets rejected for some reason, in that case she can stay back in India until I recieve the AP documents. I send it to her then she can travel back on AP. ??
Any Suggestions or gyan on this !!!
-shree
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swamy
12-24 10:22 AM
Yes congrats indeed! lets help reclaim the true American spirit
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Redeye
12-19 05:02 PM
During the July fiasco, lawyer applied first set on July 2nd and since we were n't sure if the application reached USCIS we put a yello cover sheet which said refiling because earlier 485 could be misplaced. Even after that, both first and second were accepted and I got EAD, FP and AP on the first one and EAD, FP on the second one. Attorney suggested to follow up with FP second time also and said we will be asked by USCIS which application to keep. Is this true?
Or will both my applications be rejected since we did not get back to them?
I know some other folks on IV are also in same boat. I am planning to use EAD so I am kind of worried otherwise it is clean case with I 140 approved.
Or will both my applications be rejected since we did not get back to them?
I know some other folks on IV are also in same boat. I am planning to use EAD so I am kind of worried otherwise it is clean case with I 140 approved.
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GCHope2011
05-15 11:25 PM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
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waiting4gc
08-08 07:55 PM
There is a seasonal temporary visa that you can get if you are in a profession where there is extra demand in some part of the year. For e.g. a friend of mine got this visa initially as she is a CPA so there is more work for them around middle of the year.
My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
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samuel5028
04-18 02:56 AM
Hello Memebers,
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.
Thnaks
It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.
Thnaks
It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.
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lord_labaku
12-16 02:47 PM
My W-2 and pay stubs do not show that my company has been paying me what was stated in LS.
If your company is not paying what is stated in LS - isnt that fraud?
If your company is not paying what is stated in LS - isnt that fraud?
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eeezzz
03-06 02:34 PM
I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
The words in red and bold is the right direction for a solution.
When there's a "NOT" in front of it, it is no longer a correct direction.
The words in red and bold is the right direction for a solution.
When there's a "NOT" in front of it, it is no longer a correct direction.
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satyasaich
05-01 01:36 PM
If you carefully see the qualifying options for an emergency appointment (who stays and currently working in US can easily qualify) , we can chose the earliest available date at any of the centers like Mumbai/ New Delhi/ Kolkata/Chennai. But the catch is first of all you have to entrust someone in india to go to HDFC bank to pay the fee and get the receipt number.
Remember, the most important thing is YOU must carry that ORIGINAL PAYMENT SLIP along with all of your documents.
Without paying the fee first, there is no way to book an appointment and remember it takes about 48 hours to activate the receipt number for the fee paid, in to the web site & backend system they use to tally that you have actually paid. once you enter your passport number and fee payment receipt number, they both will be tallied against a database
Recently one of my good friend had a major issue, because he took a fax copy of the payment receipt, and believe me got in to a big trouble. (Ofcourse, they honored finally after hours of argument and gave him the visa extension)
Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).
Remember, the most important thing is YOU must carry that ORIGINAL PAYMENT SLIP along with all of your documents.
Without paying the fee first, there is no way to book an appointment and remember it takes about 48 hours to activate the receipt number for the fee paid, in to the web site & backend system they use to tally that you have actually paid. once you enter your passport number and fee payment receipt number, they both will be tallied against a database
Recently one of my good friend had a major issue, because he took a fax copy of the payment receipt, and believe me got in to a big trouble. (Ofcourse, they honored finally after hours of argument and gave him the visa extension)
Yeah.. I realized that. And I think I can qualify for emergency appt. BUT that wasn't my question. My question was do I HAVE to go to Chennai or can I get it done in Bangalore (they have an office that seems to have drop box like feature).
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fide_champ
04-07 09:37 AM
AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.
Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.
Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.
Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.
Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.
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mallikonnet
07-06 10:41 AM
Jayant,
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now
Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)
best thing is to consult your company lawyer
goodluck
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now
Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)
best thing is to consult your company lawyer
goodluck
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travellertvr
03-22 03:15 PM
smuggymba,
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
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dpp
10-28 02:56 PM
Lynne,
I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).
I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.
DPP
DPP once again, I am sad that we did not get to meet yesterday.
Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.
Lynne
I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).
I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.
DPP
DPP once again, I am sad that we did not get to meet yesterday.
Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.
Lynne
desi3933
06-18 12:26 PM
can you guys suggest how to proceed with my cases... where i am totally screwed up.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
Please consider asking your lawyer/attorney to send format request for Employment Verification (include job title, Duration, Salary and Skill set) by certified mail and a copy of the request be e-mail.
----------------------------------
Permanent Resident since May 2002
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
Please consider asking your lawyer/attorney to send format request for Employment Verification (include job title, Duration, Salary and Skill set) by certified mail and a copy of the request be e-mail.
----------------------------------
Permanent Resident since May 2002
Macaca
12-07 10:53 AM
May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.
I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.
Your arguments are logical.
I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?
I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.
Your arguments are logical.
I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?
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