Wednesday, June 8, 2011

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  • newuser
    06-23 09:20 AM
    Are you sure you have to submit the tax forms for filing I-485?


    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you

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  • royus77
    06-14 11:40 PM
    Can i travel out of the country after applying my 485 ,EAD and APO . My I 140 was already approved and I applied for 3 year H1B ext based on that petition ( bumped to premium this week ) .
    Any advise


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  • tb2904
    03-26 08:43 PM
    Not sure if an "independent" consultant on H1B can make more than 250K. Considering he is working 2080 hours in a year. He has to get $120/hour for himself + his employer cut. In 2000, you could have demanded those rates....but, now days I doubt.

    Consultant - Travelling job

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  • rangaswamy
    07-28 05:01 PM

    -- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.

    -- This doesn't apply to me because I already have a valid visa stamp in the passport so visa revalidation shouldn't be necessary. All I am trying to figure out is whether to show the H4 or the travel doc at POE.

    When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.



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  • RadioactveChimp
    04-16 02:02 AM
    yes yes I know...let's leave this in the past alright? :lol:

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  • Adam
    08-19 11:01 PM
    I agree about the mouth thing...It's hard to not make it look like a stupid smirk or snowman nose :lol:


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  • kcforgc
    05-19 04:20 PM
    I missed the opportunity in July 2007 and would like to file for EAD.

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  • Sunny33
    12-28 02:25 PM
    Some times airline people don't even bother to collect the I94. It happend to me twice and I still have those old I94s. I think they will just collect it if you have it on the passport. They will scan your password for your depature entry which is more important. I think you should have not any problem.


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  • resident1374
    01-26 08:04 PM
    I have been going around forums to get an answer and it seems my case is unique in nature...can someone help me out?

    Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".

    I traveled to Canada on my company�s H1B.

    The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.

    The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.

    He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)

    He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.

    Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?

    Any suggestions?


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  • txh1b
    08-18 12:19 PM
    Currently i am asking my employer to refund me the Medical expenses that they have been charging me without my knowledge. Since they are not responding back to my questions, i have threatened them that i will pursue for my GC expenses also that they promised to cover (also documented in my offer letter).
    My current status is EAD and i no longer work for that Employer and i am out of job and looking for employment right now.

    This seems to be a civil issue and no govertment agency will be able to help you as far as medical charges go. With regards to the GC fees, only Labor costs have to be paid by the employer after July 2007. Rest of it can be legally passed over to you. I think you have no claim whatsoever that will interest a govt agency if the labor was filed before July 2007.


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  • shana04
    08-09 12:55 PM
    1. How do you know that we are not approving 2004 cases? Just that you didn't got your approval doesn't mean that we are not approving 2004 cases.

    2. There are not that many 2004 cases, so we are approving 2005 and 2006 cases.

    3. We divided cases into 3 boxes : 2004, 2005, 2006. It must be a case that IO's assigned to 2006 are working faster and efficiently.

    4. We received so many 2006 I-485 applications on 07/02/2007. We are just processing by Receive Date.

    5. We made a policy to approve I-485 cases bases on I-140 approval dates. Since we have many cases with old I-140 approval cases that happened to be with earlier priority dates, we are approving them now.

    6. There are so many FBI name check hits on 2004 cases. All name hits will be processed later.

    7. Oops... we sorted all cases that can be approved, by descending order. Sorry!

    8. Time and again we want to approve that we can do anything we want.

    9. All EB2 perm cases are really frustrated EB3 cases that have an older EB3 priority dates. We just wanted to be fair to them.

    10. Yikes! Dog ate all 2004 cases.

    11. Ding, these 2003, 2004 and Early 2005 boxes are under these 2006 boxes that we are too lazy to pick them up.

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  • rolrblade
    07-26 09:30 AM
    I 765 EAD Application document.
    Yes, that was my mistake. I unwittingly put the form number for the AP. Sorry about that.


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  • raysaikat
    02-16 09:32 AM

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?

    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.

    This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.

    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".

    There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.

    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    This is the preferable option.

    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.

    I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.

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  • nixone
    07-30 09:50 AM
    It was an audited PERM?

    I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.

    I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.

    Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.


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  • ABC of GC
    06-14 12:57 PM
    I think I am in the same boat,

    I am almost ready to file 3 years H-1 extension based on I-140 approval and priority date not current (as of day before yesterday that is what we all knew). Since I don't have 365 days for the labor filing, I am not eligible for 1 year extension.

    I wrote that to my lawyer and they told me that we can still file before the end of June using premium processing since the priority date are current effective July 1st. But they don't know how USCIS will act. They may approve the extension for 3 years or they may deny the extension.

    What you guys suggest.

    Completed initial 6 years of H-1 in December 2005
    Priority Date October 19th, 2006
    I-140 approval - April 13th, 2007
    Current H-1 expires October 15th, 2007

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  • nlssubbu
    07-24 06:54 PM
    This is FAQ from USCIS website:

    Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
    A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.


    Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?


    In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.



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  • abhisam
    07-19 03:20 PM

    Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :rolleyes:

    And yes, I am totally new to IV. The way it has been effective, I will surely contribute...

    Even I had considered the idea of translating the BC myself or getting my friend to do it for me...but my lawyer suggested that BC is a very important document and USCIS is very particular about it. so it would be better if you get it done through a professional agency.

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  • jonty_11
    11-17 10:21 AM
    MY intention was not to make this India Specific, but to bring to light the lobbying effort....Although the Bill is not is silently being pushed. The Immigration reform and SKILL is being touted and shouted abt so much, that it becomes a scare for congressmen to even touch it, let alone pass it.

    We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi

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  • vishwak
    08-10 07:54 AM
    alright..I came back without any problem.

    Thats it.

    Good to hear, Hope your parents are fine too.

    Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.

    07-06 11:47 AM
    Another 10-20 Questions like these would definitely get the ball rolling @ washington post hopefully.

    01-24 08:20 PM
    If the cort orders them to find a number, they will find one despite the "U".

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