sush
10-03 06:46 PM
The latest one I see is 07/28/2007
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iwantmygreen
04-22 08:29 PM
Has anybody got any experience where an approved 140 was revoked by employer. The 485 is pending.
Alabaman
05-15 09:17 PM
All these articles say we are hoping to get citizenship. I think this word raises more shackeles than saying getting green card. Cmon, we are only thinking GC now. Ctizinship after 5 years is somewhat of a time bound process. Why don these articles say we are waiting for GC. This atleast will be more palatable to the anti leagl immigration forces.More importanatly it refelects our true problem as of now.
Thats what annoys me... that they say we are trying to get citizenship. We just want to be free. If GC would give us that then we are fine. They can give us GC and say 10 years before we can apply for citizenship as long as we are free. Right now I feel like I am chained down. I can not plan I can not move forward... living a stagnant live.
The problem though is that there is no line to get into. Employers are not even willing to sponsor GC anymore. There is the need to be able to self petition.
Most people writing all these articles dont even know what is going on. They need to experience the immigration system for them to know. A lot of the facts they present are wrong. They say there is a legal way of getting GC. There is no defined legal way. It is dependent on employers wi
Thats what annoys me... that they say we are trying to get citizenship. We just want to be free. If GC would give us that then we are fine. They can give us GC and say 10 years before we can apply for citizenship as long as we are free. Right now I feel like I am chained down. I can not plan I can not move forward... living a stagnant live.
The problem though is that there is no line to get into. Employers are not even willing to sponsor GC anymore. There is the need to be able to self petition.
Most people writing all these articles dont even know what is going on. They need to experience the immigration system for them to know. A lot of the facts they present are wrong. They say there is a legal way of getting GC. There is no defined legal way. It is dependent on employers wi
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kumarc123
11-06 03:34 PM
with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
more...
h1b_holder
03-15 11:20 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
mnkaushik
06-04 06:05 PM
Yes BC stands for Birth Certificate. I saw this text in the VFS site for us consulate under Required Documents
For parents visiting a child resident in the US:
If child is an Indian citizen.
a. Childs�s original birth certificate.
b. Photocopy of all pages of child�s passport.
c. Where the US visa of child has expired, photocopy of the renewed petition required.
d. Where child is a legal permanent resident in USA, photocopy of the green card (front and back) is required.
If child is a U.S. citizen.
a. Photocopy of bio-data page of US passport or photocopy of Naturalization Certificate.
So is this requirement only when ur sponsoring ur parents?
For parents visiting a child resident in the US:
If child is an Indian citizen.
a. Childs�s original birth certificate.
b. Photocopy of all pages of child�s passport.
c. Where the US visa of child has expired, photocopy of the renewed petition required.
d. Where child is a legal permanent resident in USA, photocopy of the green card (front and back) is required.
If child is a U.S. citizen.
a. Photocopy of bio-data page of US passport or photocopy of Naturalization Certificate.
So is this requirement only when ur sponsoring ur parents?
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edaltsis
11-12 11:58 AM
From the day you file your case you are legal to work with your new employer until its approval or denial. When you file your case (filed in normal processing without including paystub) sometimes they just approve it and sometimes they ask for a current paystub for evidence to close the case as approved. As you start working for your new company you would get a pay stub which can be used for the query.
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krish2005
11-09 05:47 PM
hmm.. are you saying that ancient indians specialized in stem cell research? :p
Dr. Balkrishna Matapurkar, a surgeon at New Delhi's Maulana Azad Medical College, has pioneered a stem cell based technique for the regeneration of tissues and organs. He already holds a patent for this innovative technique. Incidentally, he is of view that embryonic stem cell research is one of the lost sciences of ancient India.
But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.
A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.
Dr. Balkrishna Matapurkar, a surgeon at New Delhi's Maulana Azad Medical College, has pioneered a stem cell based technique for the regeneration of tissues and organs. He already holds a patent for this innovative technique. Incidentally, he is of view that embryonic stem cell research is one of the lost sciences of ancient India.
But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.
A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.
more...
texcan
01-17 09:13 AM
There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms). When you were on OPT, Social Security and Medicare should not have been with held from your paycheck. If it was, then you need to ask for refund of those taxes from the employer who with held that tax. As far as Cincinnati and Chicago are concerned, nothing special to do for Federal Income tax. However, for state income tax, you will have to file income tax for both Ohio and Illinois as part year resident.
Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.
very well said about taxes for OPT/H1.
you should check on state taxes for chicago and cinci....
I have used HR block, and their services are pretty good.
Last year a friend of mine user HR block, he was in situation where he worked in a different state (OPT/H1) for few moths and then he moved to another state. Long story short, he got a letter from state he was living in earlier regarding state tax discrepency.
Surpringly H&R block came thru and did not charge for extra services, rather H&R paid $60 in late fee charges, citing reason that it was their mistake in the first place.
HTH
Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.
very well said about taxes for OPT/H1.
you should check on state taxes for chicago and cinci....
I have used HR block, and their services are pretty good.
Last year a friend of mine user HR block, he was in situation where he worked in a different state (OPT/H1) for few moths and then he moved to another state. Long story short, he got a letter from state he was living in earlier regarding state tax discrepency.
Surpringly H&R block came thru and did not charge for extra services, rather H&R paid $60 in late fee charges, citing reason that it was their mistake in the first place.
HTH
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Hermione
09-27 08:49 AM
Law abiding? I beg to differ. Application for asylum goes to court only if the petitioner spent more than one year illegally in the US.
That does not change the fact that the immigration system is broken, I just want to point out that what is considered to be "law abiding" or "law breaker" is aften very-very relative. We are all in the same boat.
That does not change the fact that the immigration system is broken, I just want to point out that what is considered to be "law abiding" or "law breaker" is aften very-very relative. We are all in the same boat.
more...
Ramba
08-26 04:29 PM
I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
It is all depend on how your employer specifies the education requirement for the position in LC. If that position requires engineering in any branch, then you will be fine. Otherwise, if the position requires education in particular branch and if you do not have that branch of study, then it may be a problem in LC or 140.
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jonty_11
08-03 05:19 PM
Any answers to this questions ?
I hate to say this...but if u are not on honest talking terms with ur employer...then u r not really in EB category.....
I hate to say this...but if u are not on honest talking terms with ur employer...then u r not really in EB category.....
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waitnwatch
11-09 11:36 AM
Mr. Dobbs at it again....spinning it his way. This is so pathetic that it isn't even amusing.
Here's the link http://www.cnn.com/2006/US/11/08/Dobbs.Nov9/index.html
The relevant sections are below.....He's so desperate that he puts up his nativist colors on full display by equating English to a vote against illegal immigration. Really clutching at straws.
He fails to say that Jon Kyl is not the strident anti-immigrant that Graf and Hayworth are. Does he not get the message? Or is he just "staying the course."
-----------------------------------------------
Take for example the state of Arizona, where voters sorted through 19 ballot initiatives, eight House races, one Senate race and chose a governor. Arizona voters approved four separate measures that revealed their frustration with the endless influx of illegal aliens into that state, including one measure that makes English the official language of Arizona. And don't think that the vote was an expression of social conservatism: Arizona also became the first state in the country's history to reject a ban on same-sex marriage, the only state among eight to do so this November.
Arizonans re-elected Senator John Kyl, who co-sponsored tough legislation to establish border security and reject illegal immigration. At the same time, they refused to send anti-illegal immigration candidates Randy Graf and incumbent J.D. Hayworth to Washington.
-------------------------------------------
Here's the link http://www.cnn.com/2006/US/11/08/Dobbs.Nov9/index.html
The relevant sections are below.....He's so desperate that he puts up his nativist colors on full display by equating English to a vote against illegal immigration. Really clutching at straws.
He fails to say that Jon Kyl is not the strident anti-immigrant that Graf and Hayworth are. Does he not get the message? Or is he just "staying the course."
-----------------------------------------------
Take for example the state of Arizona, where voters sorted through 19 ballot initiatives, eight House races, one Senate race and chose a governor. Arizona voters approved four separate measures that revealed their frustration with the endless influx of illegal aliens into that state, including one measure that makes English the official language of Arizona. And don't think that the vote was an expression of social conservatism: Arizona also became the first state in the country's history to reject a ban on same-sex marriage, the only state among eight to do so this November.
Arizonans re-elected Senator John Kyl, who co-sponsored tough legislation to establish border security and reject illegal immigration. At the same time, they refused to send anti-illegal immigration candidates Randy Graf and incumbent J.D. Hayworth to Washington.
-------------------------------------------
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pankajkakkar
03-01 06:46 PM
I'd like to join the conference call as well.
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stucklabor
07-14 10:50 AM
Pappu is right. At this point, no one knows when the SKIL bill will be debated, or if support for it is strong enough that it can even be brought to the floor.
The core team has said this N times and let me say it for the N+1th time. We DON'T HAVE any timelines. All we can do is try to influence but we are a small part of the puzzle. The House and Senate leadership decide what they want to do, based on the larger picture.
We are 5000 members, only 1000 contributing. Is it any wonder that things are at such a pass?
BTW, Pappu, your link didn't work for me.
The core team has said this N times and let me say it for the N+1th time. We DON'T HAVE any timelines. All we can do is try to influence but we are a small part of the puzzle. The House and Senate leadership decide what they want to do, based on the larger picture.
We are 5000 members, only 1000 contributing. Is it any wonder that things are at such a pass?
BTW, Pappu, your link didn't work for me.
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kumar1305
09-23 08:12 AM
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
It�s not India or China who asked for globalization. It was America who wants to sell their products throughout the world.
No matter how many bills these Senators may make they are not going to stop outsourcing.
America didn�t develop because of protectionist policies, it grow because it was a free market.
It�s not India or China who asked for globalization. It was America who wants to sell their products throughout the world.
No matter how many bills these Senators may make they are not going to stop outsourcing.
America didn�t develop because of protectionist policies, it grow because it was a free market.
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sangeethak31
07-14 08:33 PM
Hi,
Fortunately, I am able to get hold one of my ex-collegues. Is one co-affidavit letter enough?
Thanks in advance.
Sangeetha K
Fortunately, I am able to get hold one of my ex-collegues. Is one co-affidavit letter enough?
Thanks in advance.
Sangeetha K
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snathan
05-19 04:25 PM
The statue of limitation is, i believe, 2 years.
No, its only 12 months.
No, its only 12 months.
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ch102
04-04 03:09 PM
I found this in another website:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
"Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"
kirupa
11-25 03:05 AM
Star...wha??? I just thought it looked cool :P
GCwaitforever
08-15 10:58 AM
I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
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