saibaba
03-31 02:21 PM
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
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bluekayal
09-16 04:01 PM
you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.
pasupuleti
03-28 01:53 PM
Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.
Yes! Yesterday's bill does not have these provisions.
Yes! Yesterday's bill does not have these provisions.
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raysaikat
10-19 06:05 AM
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Since you do not have H1-B status, you cannot start working unless you actually receive I-797 (i.e., H1-B approval) and I-94 form. The hospital that wanted you to start working immediately might not know that you do not have H1-B status, or the staff may not understand how the immigration status works.
The premium processing only guarantees that you give get a decision on your case in 2 weeks; i.e., if approved, you will get an I-797. USCIS may attach I-94 to the I-797 in which case you do not need to go out of the country before you can start working. However, my guess would be that I-797 would not have an I-94 attached. In that case, you need to go out of the country, apply for and obtain the H1-B visa (i.e., the visa stamp on your passport) and re-enter US (at which time you will get your I-94).
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Since you do not have H1-B status, you cannot start working unless you actually receive I-797 (i.e., H1-B approval) and I-94 form. The hospital that wanted you to start working immediately might not know that you do not have H1-B status, or the staff may not understand how the immigration status works.
The premium processing only guarantees that you give get a decision on your case in 2 weeks; i.e., if approved, you will get an I-797. USCIS may attach I-94 to the I-797 in which case you do not need to go out of the country before you can start working. However, my guess would be that I-797 would not have an I-94 attached. In that case, you need to go out of the country, apply for and obtain the H1-B visa (i.e., the visa stamp on your passport) and re-enter US (at which time you will get your I-94).
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
more...
hanu0913
10-08 11:03 AM
You'd have to wait for PD to become current to add spouse.
Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.
can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval
Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.
can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval
number30
11-18 08:13 PM
Did that H1B got approved later?
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immigrant2007
07-19 09:05 PM
It doesn't matter if the I-140 was revoked by the prev employer, still the PD is yours to keep provided that I-140 was approved. One should also be cautious about the revocation, if the approved I-140 was revoked by USCIS itself as a fraudulent filing then no benefits from that I-140! Otherwise you are good.
The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!
Hi Rajenk
thanks for the information
The new company's offer is like any other job for you, if you qualify for the job and the company likes you and your skills they are going to offer the market salary and the position can even be a manager, then you might qualify for EB1!
Hi Rajenk
thanks for the information
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fromnaija
07-20 11:24 AM
File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
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gcpadmavyuh
08-21 11:22 AM
Where did you file, TSC/NSC?
Please see above
Please see above
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kaisersose
07-26 03:20 PM
Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency
Just mention you applied for 485 and you are waiting a receipt. Use the bright colored paper option they recommended for such situations.
Just mention you applied for 485 and you are waiting a receipt. Use the bright colored paper option they recommended for such situations.
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heywhat
07-26 10:07 AM
Option 1> Try to bring your wife to US before aug 17. (No risk at all)
Option 2> File it and do not use EAD and stay on H1b so you can bring your wife on H4. ( Thers is some risk. 99.99% USCIS is not going to do anything with your I485 till Oct'07 except sending you receipt. But god forbid, they approve your application before that then you are in trouble because you won't be able to bring your wife to US. Chances of happening this is very slim). Get benefit of AC21.
Option-3> Do not apply. And wait for 2005 becode current ( this is not going to happen atleast for next 3-4 years without any new legislation. And if you change job or somethingm, restart it from 0, no AC21 benefit.
In short, FILE IT....
Option 2> File it and do not use EAD and stay on H1b so you can bring your wife on H4. ( Thers is some risk. 99.99% USCIS is not going to do anything with your I485 till Oct'07 except sending you receipt. But god forbid, they approve your application before that then you are in trouble because you won't be able to bring your wife to US. Chances of happening this is very slim). Get benefit of AC21.
Option-3> Do not apply. And wait for 2005 becode current ( this is not going to happen atleast for next 3-4 years without any new legislation. And if you change job or somethingm, restart it from 0, no AC21 benefit.
In short, FILE IT....
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san3297
11-10 01:52 PM
Anyone came across this scenario...
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Better_Days
11-02 05:26 PM
bump. Any insight from those who are smarter than me ?
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zigglar001
11-10 12:35 PM
Hi ,
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
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san3297
11-10 07:33 PM
I called USCIS but they are just saying send all the docs as stated in the RFE. Seems dont have any option other than sending originals. The search for this kind of RFEs yielded no results.
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hemya
12-10 12:59 PM
Thanks
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abhijitp
06-21 02:48 PM
Also : 140 gets rejected in following cases:
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.
I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)
But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.
When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.
Comments/suggestions welcome.
Thanks!
Abhijit
1. Degree compatability
2. Exp + degree in EB2
3. Financial ability of firm - this only with bad records
i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.
BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.
I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)
But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.
When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.
Comments/suggestions welcome.
Thanks!
Abhijit
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ksairi
08-16 02:38 PM
Please advice
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vpgreencard
07-30 09:46 PM
The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.
immilaw
09-22 11:33 AM
Exactly! disable free preview of forums to guests. That will propel the number of members. Even anti immigration folks will count towards the number as it will become inevitable for them to register.
I think the free preview should be limited to 2-3 messages after which they should be asked to register as a member.
I think the free preview should be limited to 2-3 messages after which they should be asked to register as a member.
WAIT_FOR_EVER_GC
06-21 02:04 PM
suggestions? ^^^^^^^
1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.
Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.
1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.
Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.
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