finimits
05-03 09:55 AM
Hi Saji007,
Really? That is very encouraging indeed.
Even I have currently 5.5 years done on my H1B and looking to change soon.
BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?
Really? That is very encouraging indeed.
Even I have currently 5.5 years done on my H1B and looking to change soon.
BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?
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augustus
07-15 04:29 PM
It is sad to know that the majority of the US hates us. If you can't get the bigwigs to cover, little will be known for the real American society. I cannot believe we are treated as somebody who take their jobs away. I have somehow looked at it this way - I become a US visa holder, I become a green card holder, then a I become a US citizen. In many ways, US is gaining new citizens and case in point - "EDUCATED" US CITIZENS out of many visa holders at the moment. So we are a nice catch for them - LONG TERM. I wonder if any American citizen has looked at it that way. Sooner or later, many of us will prefer to become a US Citizen right? I wonder if it is more about the racism factor.
Well, I may be wrong. But I just wonder often times about the foolishness of the society and government at large.
Well, I may be wrong. But I just wonder often times about the foolishness of the society and government at large.
BharatPremi
03-13 11:25 AM
Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
Even though it may not bring the result what you want, trying Congressman's office would at least serve the purpose of creating the record which may help you in turn while fighting WOM. So I would definately do that first. Now in theory "Receipt Date" should set the processing date but when you call USCIS they always talk about ND, somehow it seems that they can see only ND.. Yes, that is definately a grey area.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
Even though it may not bring the result what you want, trying Congressman's office would at least serve the purpose of creating the record which may help you in turn while fighting WOM. So I would definately do that first. Now in theory "Receipt Date" should set the processing date but when you call USCIS they always talk about ND, somehow it seems that they can see only ND.. Yes, that is definately a grey area.
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mangelschots
05-02 09:02 PM
Senator Obama has filed the "Citizenship Promotion Act 2007" which
tries to alleviate this process and mandate the FBI to perform this in
a reasonable timeframe without limiting US Security.
following is an exceprt of this.
"...Act to limit the timeframe of the FBI name check and background
check. We ask of the honorable members of the Congress and Senate to
approve Senator Obama's Act in its entirety and facilitate the
feasibility of it. As the security of this country is considered a
priority, it is important that the adequate budget and resources are
devoted to the security checks ..."
This sounds like a good initiative to help out all of us that finally end up making in I-485. Suggest we rally all IV members to sign this petition:
http://www.petitiononline.com/nc082505/petition.html
tries to alleviate this process and mandate the FBI to perform this in
a reasonable timeframe without limiting US Security.
following is an exceprt of this.
"...Act to limit the timeframe of the FBI name check and background
check. We ask of the honorable members of the Congress and Senate to
approve Senator Obama's Act in its entirety and facilitate the
feasibility of it. As the security of this country is considered a
priority, it is important that the adequate budget and resources are
devoted to the security checks ..."
This sounds like a good initiative to help out all of us that finally end up making in I-485. Suggest we rally all IV members to sign this petition:
http://www.petitiononline.com/nc082505/petition.html
more...
kaisersose
07-09 10:20 AM
Hi All,
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
I fail to see the problem. If your wife is already working on this job, she will continue to work as before.
If she is waiting to work, what was she originally waiting for? Whatever it was, everything continues as before.
Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. Anyway, show your 485 approved e-mail to this joker and he should accept your ead as temporary validity to work until the card arrives.
Again as I said, I see no problem at all.
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
I fail to see the problem. If your wife is already working on this job, she will continue to work as before.
If she is waiting to work, what was she originally waiting for? Whatever it was, everything continues as before.
Funny that this lawyer is Ok with transferring H-1b, but does not want to accept an EAD. Anyway, show your 485 approved e-mail to this joker and he should accept your ead as temporary validity to work until the card arrives.
Again as I said, I see no problem at all.
hydboy77
06-12 07:50 PM
Great Job vine93. In addition to telling your story of sufferings,disappointmenst becsue of the retrogression also get some talking points from IV maybe Pappu can provide you some, not that you need any, everyone of our sufferings are talking points by themselves. Please convey them how people from India are waiting for 10+ years without any chance of GC in sight and have to wait for another decade or so to get there green card. Good luck, I have called my congressman and vented my frustrtaion at how people from India china are suffering because of country quota and because of recapture of visas not happenning.
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
Congressman scheduled a meeting for Family and Employment based victims. I had a talk with their office , they would like to listen individual stories at the hall. I am planning to attend this tomorrow. CO state chapter please join this .
http://polis.house.gov/News/DocumentSingle.aspx?DocumentID=129256
more...
akhilmahajan
08-07 09:20 AM
U mention what u have filed and what u r expecting.
I think almost everyone has filed 485/140/EAD/AP.
I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.
If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.
I hope this helps.
Meanwhile, please work on some action items and your wait will become more easier.
I think almost everyone has filed 485/140/EAD/AP.
I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.
If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.
I hope this helps.
Meanwhile, please work on some action items and your wait will become more easier.
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a2006
04-04 03:16 PM
Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?
You don't need SSN to apply for a passport for a baby. PIO card takes about two weeks to process in SFO. I dont think there is any fast processing available for PIO.
You don't need SSN to apply for a passport for a baby. PIO card takes about two weeks to process in SFO. I dont think there is any fast processing available for PIO.
more...
anilsal
08-05 07:58 PM
tax returns. I do not think they expect you to list all the addresses that you stayed during the year.
You will need to provide the address to the tax return where your state taxes were deducted for the most part of the year IMHO. But for your GC app, I am unsure.
Have you consulted your lawyer? Send a PM to pappu maybe. He may get some answers from the IV lawyers.
You will need to provide the address to the tax return where your state taxes were deducted for the most part of the year IMHO. But for your GC app, I am unsure.
Have you consulted your lawyer? Send a PM to pappu maybe. He may get some answers from the IV lawyers.
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pappu
09-01 10:06 AM
Yes, you must get another letter from company A, HR or some big official with all dates.
Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.
And select a good lawyer. Read IV spotlight topic on it.
Ability to pay and RFEs used to be my favorite subject few years ago :)
Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.
And select a good lawyer. Read IV spotlight topic on it.
Ability to pay and RFEs used to be my favorite subject few years ago :)
more...
BharatPremi
03-17 03:55 PM
Only if your total medical expenses for the year cross certain limits. These limits depend on your AGI. Please check IRS.gov website for latest updates.
If more than 6 to 7000 dollars on itemized deducion based returns.
If more than 6 to 7000 dollars on itemized deducion based returns.
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Hewa
07-31 04:24 PM
Hey everyone,
I am from Florida and just filed my I-485. I went to the DMV yesterday to renew my drivers license and something unexpected happened. They took away my old license and gave a temporary one valid for 30 days. They also said they will have to verify my immigration status and once this is done they will mail my new drivers license. Has anyone had such an experience? How long did it take to get your new license?
I am from florida too. It has been like this since Jan 2002. It's normal and not unexpected at all. You will get your license in the mail in about 3 to 4 weeks. And to add to that now they stamp "Temporary" in big red letters on the license.
Before Jan 02 we got it over the counter. I've had to change the license several times due to either H1B expiring or address changes. Remember to carry your passport (or some other photo ID) with you all the time.
I am from Florida and just filed my I-485. I went to the DMV yesterday to renew my drivers license and something unexpected happened. They took away my old license and gave a temporary one valid for 30 days. They also said they will have to verify my immigration status and once this is done they will mail my new drivers license. Has anyone had such an experience? How long did it take to get your new license?
I am from florida too. It has been like this since Jan 2002. It's normal and not unexpected at all. You will get your license in the mail in about 3 to 4 weeks. And to add to that now they stamp "Temporary" in big red letters on the license.
Before Jan 02 we got it over the counter. I've had to change the license several times due to either H1B expiring or address changes. Remember to carry your passport (or some other photo ID) with you all the time.
more...
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Jaime
09-12 11:18 AM
You can modify the person's name for privacy, but keep the facts of his/her struggle
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maverick_joe
05-05 04:22 PM
btw, my heart skipped a beat seeing the title!! :) :D
The title gives the impression that EB3 - India is Current! Appropriate title could have been "My EB3-India petition is current"
The title gives the impression that EB3 - India is Current! Appropriate title could have been "My EB3-India petition is current"
more...
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chanduv23
07-11 12:06 PM
Hello friends,
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Depends - everything happens random manner. Generally CP filers have advantage in such situations
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Depends - everything happens random manner. Generally CP filers have advantage in such situations
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axp817
03-28 01:46 PM
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
more...
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bho123
08-11 11:33 PM
Guys
I have filed for my renewal EAD on May 29th at NSC. My current EAD expires on Sept 24th. I havent got the renewal EAD yet, where as my wife got it both applications were sent in the same envelope. I am working on EAD and am losing sleep since if my EAD doesnt come in time I will be out of my payroll.
Has some one gone to the local USCIS office to get the interim EAD recently? I was told that option no longer exists.
Can some one post the FAX #s to expedite EAD requests?
yes that is true, Local uscis no longer provides interim EAD. they just place a request for interim EAD from their office only after your application has crossed 90 days from the receipt date (not notice date).
I have filed for my renewal EAD on May 29th at NSC. My current EAD expires on Sept 24th. I havent got the renewal EAD yet, where as my wife got it both applications were sent in the same envelope. I am working on EAD and am losing sleep since if my EAD doesnt come in time I will be out of my payroll.
Has some one gone to the local USCIS office to get the interim EAD recently? I was told that option no longer exists.
Can some one post the FAX #s to expedite EAD requests?
yes that is true, Local uscis no longer provides interim EAD. they just place a request for interim EAD from their office only after your application has crossed 90 days from the receipt date (not notice date).
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validIV
04-27 03:12 PM
Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
Don't see any reason why you would be denied. You will have to wait for the denial letter.
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
Don't see any reason why you would be denied. You will have to wait for the denial letter.
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ubetman
08-07 08:40 PM
Hi guys,
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?
Applying concurrent: 140/485
present physical location(my present address) state comes under : TSC
Future job location state comes under : NSC
Confused...
Thanks in advance
ssksubash
03-10 02:23 PM
HI,
Starting from Jan 2010 there are new rules for getting the prevailing wage info. The turn around time for this in worst case is 60 days. Do you happen to know if there is any way to expedite this.
Also do we have to go through DOL to get this info or can we use any other means.
Any information is highly appreciated.
Starting from Jan 2010 there are new rules for getting the prevailing wage info. The turn around time for this in worst case is 60 days. Do you happen to know if there is any way to expedite this.
Also do we have to go through DOL to get this info or can we use any other means.
Any information is highly appreciated.
wandmaker
11-03 05:36 PM
Thanks what dox did u send ?
Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)
Extract for eFiling EAD:
Covering Letter from the PDF
Covering letter from self
Copy of I-485 Receipt
Copy of approved I-140 (If approved)
Copy of PP (1st and last Page)
Copy of Visa Stamping
Copy of I-94 (Front & Back)
Copy of DL
Checkout : http://immigrationvoice.org/forum/showthread.php?t=14135 (http://immigrationvoice.org/forum/showthread.php?t=14135)
Extract for eFiling EAD:
Covering Letter from the PDF
Covering letter from self
Copy of I-485 Receipt
Copy of approved I-140 (If approved)
Copy of PP (1st and last Page)
Copy of Visa Stamping
Copy of I-94 (Front & Back)
Copy of DL
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