Friday, June 10, 2011

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  • sapking
    07-18 01:41 AM
    Consult with experienced immigration attorney.





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  • WeShallOvercome
    08-02 04:40 PM
    I have been reading posts on here and I think I am more confused than ever now. People are talking about 180 days? 180 days from what and for what? I have a call in to my lawyer but hes hard to reach.... So maybe you guys can clarify for me? I have an approved labor cert w/ priority date of July 06. Sent my app and my husbands app to the NSC on June 27th for our 485 & 765 (the work authorization for both). So what now? I will get a receipt date, then eventually a notice for fingerprints and then my work authorization? And then what - we eventually will get our green card? When does your change in status occur? once you get the green card? or once my 485 is pending? Thank you for your help in advance, Lisa


    The day you file your I-485, EAd/AP is your Receipt date.
    You can change employer without jeopardizing your I-485 process after 180 days of Receipt date.
    You get EAD/AP in a few months from receipt date
    you get your GC once your I-485 is approved which could be anywhere between 6 months and 6 years depending on one million factors..

    Don't know what happens once your Gc is approved.. I heard it's good to have it, so I'm running after it like everybody else :)





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  • gcgreen
    07-07 04:04 PM
    to my knowledge, the first year that she started it would be no problem.
    but in subsequent years you do need to pay estimated taxes or be subject to underpayment penalty. also, because estimated taxes are pay as you go, you do need to make payments on the payment deadlines.

    for some really screwed up reason, the payment deadlines are not precisely three months apart: apr 15, jun 15, sep 15 and jan 15

    the amount of estimated tax you need to have paid in order to have paid is calculated based on a worksheet that you can download from the IRS website.

    But the general rule of thumb you need to follow is that you should have paid AT LEAST the previous year's taxes by this year including all withholdings and estimated tax payments. For example, if you owed $30000 in federal taxes in 2007, make sure the sum of all estimated taxes and withholdings for 2008 meets or exceeds 30000. I also think there is a rule that if your AGI was greater than 150K in the previous year, you need to pay at least 110% of prior year's tax amount. I am not sure of this one. But generally speaking, I think this rule is called safe harbor rule.

    The other rule you can adopt is to ensure that you pay at least 90% tax that you will owe for 2008 by end of 2008. In other words, if you end up owing 40000 this year, make sure you have paid at least 36000 by end of this year.

    You can find more info at:
    http://www.fairmark.com/estimate/whomust.htm
    http://finance.yahoo.com/taxes/article/101936/FAQs_on_estimated_taxes#howcalculate

    I hope this information was helpful. Bear in mind, I am no expert on this, and all this info is just by reading various online sources, IRS docs etc.


    Continuation..
    My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).

    We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?

    That would make things so much more easier..





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  • ita
    01-28 05:00 PM
    Sanjiv Sidhu..from Hyd,India..started with F1 in U.S

    http://en.wikipedia.org/wiki/Sanjiv_Sidhu



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  • chosenone52
    10-01 09:37 PM
    Hello ,
    First of all, this is a great forum and members are really helpful out here!

    My case is something like this
    Currently I am on h1( completed 1 year) working in construction industry. My profile consist of Bachelors from India and Masters from USA.

    The company I work for is not willing to go ahead with my green card. ( With the economy going south, its not wise to jump). But know a company who liked my profile and is willing to sponsor my green card-EB2. The reason they are not willing to hire now is due to economy, but willing to help me in my GC process before hiring and might pick me up at first opportunity.

    Something like this: I am employed for Company A on h1 and company B is willing to do my paperwork as a future potential employee?

    I had various concerns:

    >> Is green card application based on future employment possible, (as in my situation)?

    >> GC takes 4-5 yrs to process. What if they decide not to hire me?


    >> What are the risk factors involved on my side as well as on Companies side who is sponsoring my GC?


    I know its a complex situation and would appreciate thoughts and comments from all users.

    Thanks





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  • wellwisher02
    03-29 09:37 PM
    Hello All,

    I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following

    1 ) My H1B visa expired on 12/09/2006 from Company A
    2) I have I94 from Company B and I want H1B visa from Company B

    In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".

    I am from India and I going to Canada on Visitors visa.

    Please let me know.

    Thanks,
    SG


    ---
    As far as I believe, you should not have any problem whatsoever in getting your H1B visa from Company B stamped in your passp
    ort. You need to carry all relevant documents related to H1B (including old H1B approvals, old passport (if any), employment credentials, proof of address, W2 forms, etc) so that you're not caught unawares during the H1B visa validation process. Before you board the flight back to the US with your new H1B visa, the US Immigration/Customs counter will issue you a new I-94.

    God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.

    On "issue visas for residents of our Consular district and for state-side revalidations only", I'd suggest you call up the US Consulate to make it doubly-sure you do not run into any issue.

    I had been to Vancouver, Canada a couple of times to get my H1B visa stamped. On both occasions, the H1B visa stamping was successful.



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  • EB-VoiceImmigration
    09-18 11:56 AM
    @Pinky001:

    To the best of my knowledge, here are the answers to your Q's

    1) No (because you are applying for different class)
    2) H1 and H4 are not in same class.

    Why I said H1 and H4 is not in same class is, when you choose "Purpose of Travel" as "working in USA" then they are showing multiple choices for "Select Visa class". where it lists H1 , H2, h3 etc.. separately. When H1 and H2/ H3 are not in same class then how H4 will be of same class as H1.

    Also refer the link below. where it listed H1 and H4 separately in Visa class table.
    Non-Immigrant Visas - Visa Classes (http://madrid.usembassy.gov/cons/nonimmigvisaclasses.html)





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  • saketkapur
    11-06 05:00 PM
    Why not?
    We have nothing to lose....a similar effort was passed last time when Clinton had left office......also the CHC might not whine this time as they will have the senate pretty much behind them next yr to do what they want.....
    Also they might actually want us now out of the line if the illegals are supposed to line up next........

    the job as an USCIS IO seems nice after getting my GC.....:rolleyes:



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  • pappu
    12-20 01:43 PM
    Instead i will donate the travel expenses to IV...........

    Good Luck Every one
    Thanks.
    Pls contribute for the campaign we are running
    http://immigrationvoice.org/forum/showthread.php?t=2630&page=16





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  • Circus123
    03-14 08:39 PM
    Hey check this prediction out.

    http://immigration-information.com/forums/showthread.php?t=4541

    I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .

    Correct me if I am wrong...



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  • gg_ny
    07-17 06:00 PM
    http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html

    As I feared, the questions about lost, returned, missed, mislaid and vanished visa numbers went unanswered in this bulletin. There is a vague reference to the returned visas while in truth 1) visa numbers have been returned to DOS
    2) there is no real proof that even majority of claimed visas had been used by CIS. It is left to Ombudsman in 2008 to cry over the numbers that would be lost by sept 2007. Basically, the relief from fiasco benefits those who are filing 485 and CIS (in terms of hiked EAD/AP fees for next 4-5 years for each 485 applicant).
    I believe that in a master move CIS (and maybe DOS) has buried the skeletons for good now. This has become almost like a game of chess. With each bulletin, CIS is becoming stronger and nastier like Voldemart!





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  • Ann Ruben
    01-08 11:26 PM
    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.



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  • immigrationvoice1
    12-20 12:07 PM
    Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.

    Thanks in advance

    The H4 visa stamp if remains un-expired on the day she lands in the US is anough document for her to return back. AP is not required.





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  • arc
    08-14 01:56 PM
    Hi All

    Did anyone got Receipt # from this Pile?

    Application Reached NSC on July 2 @ 7.55 AM and was received by R Williams?

    DID OUR PILE GOT LOOKED AT?



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  • karthkc
    03-20 12:04 PM
    RoseBall,, here is my query..Please answer


    I got RFE on 140 asking

    all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.

    Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.

    and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.

    I am still fearing how do USCIS take in to consideration when they finalise the case.

    Do you think all these are substantiate my case , or they may come with another RFE or denial..

    Please advise me what I want to do, I haven't submitt my case yet.

    Thanks

    You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.

    If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..

    My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....





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  • for_gc
    09-21 11:52 AM
    I don't agree with more fees for 485 etc ...

    They are already taking too much money out of us ...



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  • ebizash
    10-05 02:50 PM
    Great!! It is very good for IV's and our future!





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  • ca_immigrant
    07-31 08:31 PM
    �Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
    What would be the expanded case status? like giving details what exactly is going on with case?

    by expanded case status they mean that the case will have an expected date.
    for eg, I am thking ofr my case they will say "GC expected in the next 10 to 11 years"

    so see that is more information :rolleyes:





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  • ItIsNotFunny
    09-23 09:10 AM
    I don't get it - where are the rest of the 2468 members?

    Can we send out a blast (through Pappu) to everyone on this forum?

    Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!

    North East guys, please keep doing now!





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    10-02 01:33 PM
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