optimystic
03-31 04:13 PM
This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
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TomPlate
02-03 02:54 PM
I am going to travel to India.
I am in H1B and have valid Advanced Parole and expired EAD.
What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.
1. 485 Receipt Notice.
2. Copy of 140 Approval Notice.
3. Employment Verification Letter.
Anything else? Please let me know.
I am in H1B and have valid Advanced Parole and expired EAD.
What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.
1. 485 Receipt Notice.
2. Copy of 140 Approval Notice.
3. Employment Verification Letter.
Anything else? Please let me know.
eager_immi
02-12 11:09 PM
there is no such thing as premium processing of h4 unless filed with h1b
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JSimmivoice
01-23 12:28 AM
Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.
Meanwhile anyone with any other opinion is welcome here. Thks all
Meanwhile anyone with any other opinion is welcome here. Thks all
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senthil1
07-26 10:04 AM
I am not sure about changing H4 to F1 as F1 is dual intent visa. I am sure mostly your wife's F1 will be rejected at Consulate as her spouse is staying here but I am not sure about changing status from H4
to F1 here.
If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer
Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
to F1 here.
If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer
Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
snram4
01-25 03:09 PM
Even CIR comes most pro immigrants groups will oppose. CIR will not have Guest workers program for low skilled workers because of high unemployment. So Business and pro illegal group will oppose. EB reform will be there in the CIR. But that will come with Grassley's restrictive bill on H1b. So, for that most high skilled group including IV will oppose. So CIR will be opposed by everyone. Status quo will continue till some compromise is reached.
When it is piecemeal people say we want comprehensive reform.
When it is comprehensive reform they say it is too broad to pass .
When it is summer they say Immigration Bill be introduced as early as Winter .
When it is winter they say it immigration bill will be introduced as early as summer .
When it is between spring(between winter and summer) they say now there is not adequate support for the bill.
This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .
When it is piecemeal people say we want comprehensive reform.
When it is comprehensive reform they say it is too broad to pass .
When it is summer they say Immigration Bill be introduced as early as Winter .
When it is winter they say it immigration bill will be introduced as early as summer .
When it is between spring(between winter and summer) they say now there is not adequate support for the bill.
This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .
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Jaime
08-06 02:16 PM
On the money, perfectly described. good choice of words.
Agreed, perfect response. At least some Senators are talking about this. Let us be optimistic and stay on it!
Agreed, perfect response. At least some Senators are talking about this. Let us be optimistic and stay on it!
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Winner
04-09 02:36 PM
Guys and Gals,
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.
Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.
Questions:
Is this legal?
Is it a common practice?
Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.
If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?
Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?
Thanks for your time.
more...
jungalee43
12-23 12:29 PM
I must travel to India due to family emergency. My AP is valid for next five months. But just 1 week ago we changed our residence and now I have a family emergency. So my current address is different than that on the AP. I have updated my address online AR-11and have a confirmation document with both the addresses. I will clear immigration at JFK. Would this addres change create any problem? Has anyone gone through similar situation? The new adress is in the same state, just 4 miles from previous address, but city and zip is changed. No employer change.
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eldrick
08-16 02:12 PM
Thank you guys.
What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.
I believe they want to earn extra money from us. What should we do now about this wrong info?
You think we have no choice here but to pay?
I'm sorry and thanks for your help.
What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.
I believe they want to earn extra money from us. What should we do now about this wrong info?
You think we have no choice here but to pay?
I'm sorry and thanks for your help.
more...
santa123
03-09 09:46 PM
I know of an old time neighbor who had a similar story, only that it was not a dream but reality for him... he must be smiling at this post;)
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whitecollarslave
03-06 02:41 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...
Which bill? Passed where? More info please.
Which bill? Passed where? More info please.
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iamgsprabhu
04-20 04:36 PM
I am now confused, do we have to pay for the EAD renewal fee, has some thing changed ? let me know the fee for renewal.
FYI: My 485 receipt date is Aug 12 2007.
FYI: My 485 receipt date is Aug 12 2007.
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JSimmivoice
01-25 01:08 PM
Oops mistake in my previous post, my visa stamp on the passport expired Last Year.
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camphor
09-11 08:54 PM
Thanks guys for your responses.
My AOS application was filed on July 1st by my lawyer. On the receipts,
the received date for 485, EAD & AP is July 2nd whereas the Notice Date is Aug 31. 485 application was transferred to Lincoln, NE (NSC) and EAD & AP are processed by CSC (California). Hope this helps.
My AOS application was filed on July 1st by my lawyer. On the receipts,
the received date for 485, EAD & AP is July 2nd whereas the Notice Date is Aug 31. 485 application was transferred to Lincoln, NE (NSC) and EAD & AP are processed by CSC (California). Hope this helps.
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Michael chertoff
04-07 07:33 PM
Hmm. Another kela. Don't worry MC, your time will come.
Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.
Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.
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nixstor
09-18 03:49 PM
Call the IRS.
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webm
09-25 03:02 PM
If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.
After she starts using the EAD for work then only lose H4 status ....
After she starts using the EAD for work then only lose H4 status ....
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gcformeornot
12-14 10:13 AM
RFEs these days? Especialy for I140s?
RiaonH4
01-18 11:13 AM
Cool. Thanks for your replies. One more question. Are you guys currently in US and have applied 485. How do i use Canadian citizenship and 485 pending to maximize my opportunities in us and also have Canadian citizenship as a backup?
Ria
:D
King37 sent you a PM
Ria
:D
King37 sent you a PM
lotsofspace
02-14 12:54 AM
Find yourself chocked up with G.C delay ? find your voice here.
- Immigration voice
- Immigration voice