tertip
03-11 02:39 PM
Hi All,
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
EB3-ROW PD: June 6, 2005
AOS application sent: July 1, 2007
I switched employent on December 2007. I didn't transfer H1-B so I am using my EAD to work for the new company. I didn't file for AC21 because I was worried about RFE or other type of complications.
My H1-b visa and I94 expired on May 2008. I am planning to visit my homecountry and come back on AP. As I understand all I need normally is AP+ passport+ I485 receipt. However, I also read some forum members recommending that we carry recent pay stubs and an employment letter from our company. I also read some that folks were asked if they were still working for the same company. My honest answer would be "no". I left my GC sponsoring firm (A) and joined company (B). So I wouln't have letters or pay stubs from company A. Would that be a problem at the POE? If I run into an IO that prefers to scrutinize, I might get into trouble. This really worries me. Again I switched jobs and never filed for AC21. Would I be at fault for not reporting the job change?
Thanks a lot for all your support!!
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485Mbe4001
05-17 11:13 PM
Thanks i had asked my company lawyers refile under perm for me.Their reply was that you are better off with your current PD (sometime 2002), if the bill passes then we can reasses your situation. I have the US masters and all the blah...blah..so i was wondering if i should go with some other lawyer.
satyasrd
06-01 09:31 AM
I agree and believe we can get #3 passed. It will provide relief to thousands like myself who have to struggle to maintain a status.
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !
Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.
For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."
Can IV help pass this request on Advocacy days?
I have asked this question several times to IV/Pappu but got no response. Is is possible to ask for this provision asap ? We know that IV is working on a bigger cause to get us all GC's but honestly no one is sure when and if CIR will happen. Even if it does no one can guarantee that our interests will not be put aside.
I am surprised that whenever I ask for this temporary relief, I see no one else coming forward. I know that there are thousands waiting to file their I-485 but no one wants to speak up ?! That's very disheartening !
Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.
For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."
Can IV help pass this request on Advocacy days?
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DSLStart
09-08 01:09 PM
Just tried, got connected after trying for 4/5 times. Automated response system sucks, its in different languages, but after pressing 1 (for English) still could not get the further menu.
Finally when the call got through the voice quality totally sucked. It is like how it used to be in 1990s with delay and static. Won't use again.
Finally when the call got through the voice quality totally sucked. It is like how it used to be in 1990s with delay and static. Won't use again.
more...
lord_labaku
07-06 05:21 PM
longer guns, rifles have less strict carry requirement as they cannot be concealed. Usually handguns need a carry permit to be carried around concealed.
A citizen should follow the constitution & the 2nd amendment is part of the constitution. Just get educated on safety techniques 1st. NRA website has good info. Local gun ranges will allow safe renting too without needing to own one if you just want to use guns as hobby (which is what I do).
Ruger or Browning .22LR guns are good to start. ( I am sure other brands are probably good as well...)
A citizen should follow the constitution & the 2nd amendment is part of the constitution. Just get educated on safety techniques 1st. NRA website has good info. Local gun ranges will allow safe renting too without needing to own one if you just want to use guns as hobby (which is what I do).
Ruger or Browning .22LR guns are good to start. ( I am sure other brands are probably good as well...)
psaxena
01-27 06:56 PM
I am in scottsdale
Lets fight this together.
Lets fight this together.
more...
kosu
09-15 09:18 PM
After seeing your post I checked mine. On my 485 Receipt notice the section says: Adjustment as direct beneficiary of immigrant petition.
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mk26
05-27 08:28 AM
Looks like this is another bigger issue after our green card issue. Can we do something about this?
more...
srikondoji
04-26 03:34 PM
Microsoft/IBM/Infosys/Wipro are interested in H1-B visa number hike.
They only want more new H1-B's, coz they have to pay more for those who are already here.
Politicians are interested in illegal immigrants because their number runs into millions and they can get their votes.
Remaining skilled labor force with his H1 term ending are of no use to anyone.
I think this forum is doing a tremendous job in fighting for a cause and will no doubt make a mark fo itself.
Thanks
sri
They only want more new H1-B's, coz they have to pay more for those who are already here.
Politicians are interested in illegal immigrants because their number runs into millions and they can get their votes.
Remaining skilled labor force with his H1 term ending are of no use to anyone.
I think this forum is doing a tremendous job in fighting for a cause and will no doubt make a mark fo itself.
Thanks
sri
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manja
06-29 03:13 PM
Thanks. Hmm...I was not aware of this 30 days rule. I'll check with the insurance companies....otherwise I'm in trouble :)
Thanks again!
Thanks again!
more...
RayP
12-14 01:16 AM
Partially in reply to Lazycis :
So, LAZYCIS, while you delayed to renew the EAD... you possibly were in US working on H1B. My situation is a little different, I am planning to leave the country for a year... so
1) Wanted to check if I can stay out of US for that long while AoS in pending...is there any such restriction that you can be away for only 2 months.
2) That potentially means I won't be getting paid in US... so no payroll for that much time, Is there any restriction on how many payslips I can miss.
Any help in this regard....
So, LAZYCIS, while you delayed to renew the EAD... you possibly were in US working on H1B. My situation is a little different, I am planning to leave the country for a year... so
1) Wanted to check if I can stay out of US for that long while AoS in pending...is there any such restriction that you can be away for only 2 months.
2) That potentially means I won't be getting paid in US... so no payroll for that much time, Is there any restriction on how many payslips I can miss.
Any help in this regard....
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mani_r1
07-11 04:03 PM
When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
more...
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irock
08-09 02:30 PM
From posts here, it seems they used to give 3 year based on approval date rather than date of filing. But USCIS recent faq says that they will look for date of filing. May be all the IOs don't yet know the latest rule/FAQ.
btw, I applied my H1 extension on July 11th and approved on Aug 3rd. Got three year extension. Go figure.
btw, I applied my H1 extension on July 11th and approved on Aug 3rd. Got three year extension. Go figure.
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hebron
08-10 12:25 PM
Thank you my_gc_wait and amitkhare77 for your suggestions.
One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.
One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.
more...
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optimystic
03-31 03:01 PM
I have a somewat similar situation, here goes:
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
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mali03
05-25 08:04 AM
called LINDSAY GRAHAM'S office!
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06-06 12:19 AM
take it all offff... is azzy tryin to seduce us?;D jk.... nice job sofar, very colorful.
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Munna Bhai
07-12 09:48 AM
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.
Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.
Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.
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mpadapa
08-07 11:34 AM
I'll be there
meyshimmi
02-09 11:07 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
gconmymind
11-30 04:23 AM
I filed my AP renewal online, I used my discover to pay my dues.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?
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