casinoroyale
03-18 09:40 AM
I also don't think this is true. After you get your 3-year H1B extension beyound the 6-year limit and say your 485 gets denied while you are in 7th year, you can still stay and work for the rest of the 2 years on your H1B and use those 2 years to file for new LC etc.
Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
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va_labor2002
06-22 04:07 PM
:)), oh well, Indian government spent money on our education and we left India we may never won't back to India,
why the hell he cares for our issues
he will be glad to know that we can't stay here, becausre there is huge demand in India for most of our skill set.
we are like Dhobi Ka Kutha Na Gar ka Na Ghat Ka,
I don't agree with 'eb3india'. Don't be on negative attitudes. Negative thinking will not gain anything. Think positive !
India Government will listen to us because;
1) If you stay here in USA, you will send money to your parents and relatives.
They will spend money and improve indian economy.
2) If you stay here and become rich, you may start a busness in india and employ indians and indian economy will grow.
3) You may invest in houses and properties in india.
So, If you continue to work in US and make money, Indian economy will grow
indirectly. Did you get my point ? Mr Vayalar Ravi knows this very well. He knows the earning potential on NRIs in US.
why the hell he cares for our issues
he will be glad to know that we can't stay here, becausre there is huge demand in India for most of our skill set.
we are like Dhobi Ka Kutha Na Gar ka Na Ghat Ka,
I don't agree with 'eb3india'. Don't be on negative attitudes. Negative thinking will not gain anything. Think positive !
India Government will listen to us because;
1) If you stay here in USA, you will send money to your parents and relatives.
They will spend money and improve indian economy.
2) If you stay here and become rich, you may start a busness in india and employ indians and indian economy will grow.
3) You may invest in houses and properties in india.
So, If you continue to work in US and make money, Indian economy will grow
indirectly. Did you get my point ? Mr Vayalar Ravi knows this very well. He knows the earning potential on NRIs in US.
breddy2000
01-06 11:21 AM
I guess PO should be fine. I am sure your attorney will also include a letter explaining the situation as well right?
Which service center did you apply for H1 Extension? NSC?
H1 extension was applied in CSC. Yes my attorney should be able to help with a letter. But I'm weighing in options as to what can be done to avoid my H1 extension as I can use EAD.
Which service center did you apply for H1 Extension? NSC?
H1 extension was applied in CSC. Yes my attorney should be able to help with a letter. But I'm weighing in options as to what can be done to avoid my H1 extension as I can use EAD.
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gc_in_30_yrs
09-19 09:27 AM
There is no problem in TX. My H1B is expiring in Dec 2006. I got New Drivers License upto Apr 2013.
But, for H4, they wanted to see visa stamped. There is no relation between H1 / H4 / I94 validity dates to issue.
But, for H4, they wanted to see visa stamped. There is no relation between H1 / H4 / I94 validity dates to issue.
more...
smc
07-03 08:03 PM
I live in the city. Would like to register
sku
12-26 10:38 AM
So you mean I should not even think of invoking AC21 EVEN after 180 days ?
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sbabunle
05-27 06:53 PM
Hello Gus
My understanding is that Sen Maj. Leader and Min leader pick senate
conferees. Similar with house. Democrats support the bill. Most of the
republicans oppose it. House and Senate Bill are different like day and
night. The bill has to pass because.
1. Enforcement and Boarder protection is highly needed and the house
really want it. If they need it they have to make some sacrifice accepting
guest workers program with slight modification etc. Otherway the CIR supporting conferees may not agree and bill dies leaving things same as now
which nobody wants.
2. Election is approaching. Most of the leaders in Rep party openly admitted
that Enforcement only bill will affect them adversly
3. Mr. Persident is a strongly supporting Guest Worker program.
4. If a enforcement only bill is pased thats going to affect the relationship
with Mexico.
I believe the House is against legal immigration too. Otherway some provisions might have survived in the budget bill. My biggest worry is that
if CIR supporters and Opposers (conferees) will be happy to remove legal immigration provisions in the in the reconcilation process and call it deal!
thanks
babu
My understanding is that Sen Maj. Leader and Min leader pick senate
conferees. Similar with house. Democrats support the bill. Most of the
republicans oppose it. House and Senate Bill are different like day and
night. The bill has to pass because.
1. Enforcement and Boarder protection is highly needed and the house
really want it. If they need it they have to make some sacrifice accepting
guest workers program with slight modification etc. Otherway the CIR supporting conferees may not agree and bill dies leaving things same as now
which nobody wants.
2. Election is approaching. Most of the leaders in Rep party openly admitted
that Enforcement only bill will affect them adversly
3. Mr. Persident is a strongly supporting Guest Worker program.
4. If a enforcement only bill is pased thats going to affect the relationship
with Mexico.
I believe the House is against legal immigration too. Otherway some provisions might have survived in the budget bill. My biggest worry is that
if CIR supporters and Opposers (conferees) will be happy to remove legal immigration provisions in the in the reconcilation process and call it deal!
thanks
babu
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GC_SUCK
03-01 11:29 AM
If you guys don't mind I am opening this thread.
I am just trying to find out the average Lawyer Fee and Cost of GC (including Labor, I-140, 485, AP, EAD etc)
So far I have paid 8K to Lawyer and USCIS.
I am just trying to find out the average Lawyer Fee and Cost of GC (including Labor, I-140, 485, AP, EAD etc)
So far I have paid 8K to Lawyer and USCIS.
more...
GCapplicant
06-15 05:09 PM
Hi guys,
You can even go to Newark : Dr. Saurabh C. Patel, Universal Industrial Clinic
168 Edison Place, Newark, NJ 07105
(973) 344-2929
They charged 375
Walk in -It took 3 hours.
You can even go to Newark : Dr. Saurabh C. Patel, Universal Industrial Clinic
168 Edison Place, Newark, NJ 07105
(973) 344-2929
They charged 375
Walk in -It took 3 hours.
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logiclife
04-20 05:20 PM
I was just thinking if it would help to gain more publicity if this site goes by a different name. On several instances while calling lawmakers or other people, the moment I mention immigrationvoice.org they think it is related to Illegal immigration / CIR etc. I need to stress that it is about legal immigration.
Even the flyers don't catch enough attention
Any name that does not have immigration in it (something like numbersusa), and reflects our main focus - green card retrogression and legal immigration would help - Just a thought...
That is a good point.
But now its too late. Changing names means:
1. We have to change names everywhere, including the name in the registration of the organization in New Jersey where its registered as non-profit, name change in other places like IRS where we got approved as a non-profit organization for tax purposes, in next year's tax return, etc.
2. Changing names in other reports we file at Federal Govt.
3. Letting all offices and other org we are working with know about this.
You would be surprised how much awareness and knowledge is there about Immigration Voice in the staff of various Senators and senior house members. Most of the Judiciary counsel staffers know about immigration voice. Since so much work has gone into building the name-recognition .... A VERY IMPORTANT ASSET... it would be tough to transfer all the name recognition to a new name.
Even the flyers don't catch enough attention
Any name that does not have immigration in it (something like numbersusa), and reflects our main focus - green card retrogression and legal immigration would help - Just a thought...
That is a good point.
But now its too late. Changing names means:
1. We have to change names everywhere, including the name in the registration of the organization in New Jersey where its registered as non-profit, name change in other places like IRS where we got approved as a non-profit organization for tax purposes, in next year's tax return, etc.
2. Changing names in other reports we file at Federal Govt.
3. Letting all offices and other org we are working with know about this.
You would be surprised how much awareness and knowledge is there about Immigration Voice in the staff of various Senators and senior house members. Most of the Judiciary counsel staffers know about immigration voice. Since so much work has gone into building the name-recognition .... A VERY IMPORTANT ASSET... it would be tough to transfer all the name recognition to a new name.
more...
eb3_nepa
04-23 01:21 PM
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
I think we are confusing multiple issues here. Once the 6 month period is over where the I-140 is approved and the I-485 is pending for 180 days it does NOT matter if the employer revokes the I-140 or not. You are good to go! (Unless ur a classified terrorist or a criminal).
The only question is, Can you still get a 3 year extention based on a I-140 that is revoked? I am thinking that may be an issue. In that scenario, you would be forced to play the EAD card.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
I think we are confusing multiple issues here. Once the 6 month period is over where the I-140 is approved and the I-485 is pending for 180 days it does NOT matter if the employer revokes the I-140 or not. You are good to go! (Unless ur a classified terrorist or a criminal).
The only question is, Can you still get a 3 year extention based on a I-140 that is revoked? I am thinking that may be an issue. In that scenario, you would be forced to play the EAD card.
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smuggymba
11-15 01:55 PM
Should there not be a separate Green card quota for anyone with a USA Masters Degree in any field?
If USA does that, more people will pay to come to study in USA. Not go to Australia, UK etc to study. So more money to USA. And USA degree holders will be able to use this education and work in USA to improve USA economy. If they go back to their countries, then USA has brain drain.
If they have separate quota for H1, separate H1B quota for Masters Degrees, what is wrong to have one for Green Card?
Please support on this thread if you agree.
Would you have supported this if you did not have a masters?
If USA does that, more people will pay to come to study in USA. Not go to Australia, UK etc to study. So more money to USA. And USA degree holders will be able to use this education and work in USA to improve USA economy. If they go back to their countries, then USA has brain drain.
If they have separate quota for H1, separate H1B quota for Masters Degrees, what is wrong to have one for Green Card?
Please support on this thread if you agree.
Would you have supported this if you did not have a masters?
more...
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GCOP
09-22 12:51 PM
Thanks for Good news. It seems like our phone calls and other efforts may have made this possible. We all know, it is far from over. But at least this good news gives us some hope that there is a chance that this bill can be passed this year.
GOOD NEWS
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
GOOD NEWS
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
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uslegals
09-21 09:29 AM
Way to go SWEDE..! I like that..!!
more...
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chanduv23
09-20 08:43 PM
What Pankaj did was great. The idea was really great - earlier we made a youtube video that is linked on IVs front page and that also has the anthem in it - when I did that I was having the same thought - whether it would be a good idea??? But then I thought, offcourse , why not???? Just because anti immigrants hate us, it does not mean we don't belong here, we very much belong here and are a part of this society.
We must all be proud that we are here - remember - we may have come from different countries but now this is our home - offocurse tough situations may prompt people to return or many may not have a sense of patriotism.
Anthems must be sung from the heart and with a sense of patriotism and Pankaj did exactly that.
We must all be proud that we are here - remember - we may have come from different countries but now this is our home - offocurse tough situations may prompt people to return or many may not have a sense of patriotism.
Anthems must be sung from the heart and with a sense of patriotism and Pankaj did exactly that.
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lrindy
10-06 04:11 PM
IRS can go back 3 years unless they have evidence that you understated your income by more than 20%. There are some depreciation issues that may allow them to go back further.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
That's just it; isn't it. I'm here legally paying taxes, immigration and all that other good stuff. This last year many illegals who filed 2006 taxes and were awaiting refunds did not get the refunds due to their immigration status! Many things are on the change and when 4 of you are on TIN#'s it is easy to get pulled. What they audited us for was stupid totally illogical! Prove we were married, that the kids lived with us and we lived together in same house. That was it. Why would you file jointly if you did not live together in the first place. IRS office confirmed, then 2nd one re-confirmed it was flagged by INS and it wasn't even hidden well. So, that was August and we filed 07/05 the audit was for 2005 returns. They have all paperwork, but haven't heard anything back yet. That is a good thing too. I crammed every bit of evidence I could into that sealed file before sending it off. The officer who confirmed receipt of it was laughing harder with each turn of the 50 odd documents of proof that I had sent. She said I don't think we can deny that you live together and the kids live with you!!! Please don't worry about it. You should receive a letter in about 30 to 40 days with the outcome.
That is it and I shall wait for the letter to arrive signing it off.
Cheers,
LRIndy.
As far as I know, IRS and INS (USCIS) do not share information with each other. USCIS is under the Dept of Homeland Security and IRS is under Department of the Treasury.
I actually read a newscoverage in California couple of years ago where INS sued the IRS for not providing information about the illegal immigrants. INS claimed that they failed to obtain information from the IRS about the illegal immigrants who were filing tax returns using TIN numbers. If I remember correctly, INS lost the lawsuit and IRS was ordered not to release information on people to the INS.
Just to clarify a little more about TIN and SSN is that you cannot get a SSN unlress you have some sort of work authorization (Such as H-1, EAD or even F-1 working/willing to work on-campus) where you can get TIN numbers from IRS and they don't want to know your visa/residency status. So, if you are living illegally in the U.S., you can still get TIN number and file tax returns.
That's just it; isn't it. I'm here legally paying taxes, immigration and all that other good stuff. This last year many illegals who filed 2006 taxes and were awaiting refunds did not get the refunds due to their immigration status! Many things are on the change and when 4 of you are on TIN#'s it is easy to get pulled. What they audited us for was stupid totally illogical! Prove we were married, that the kids lived with us and we lived together in same house. That was it. Why would you file jointly if you did not live together in the first place. IRS office confirmed, then 2nd one re-confirmed it was flagged by INS and it wasn't even hidden well. So, that was August and we filed 07/05 the audit was for 2005 returns. They have all paperwork, but haven't heard anything back yet. That is a good thing too. I crammed every bit of evidence I could into that sealed file before sending it off. The officer who confirmed receipt of it was laughing harder with each turn of the 50 odd documents of proof that I had sent. She said I don't think we can deny that you live together and the kids live with you!!! Please don't worry about it. You should receive a letter in about 30 to 40 days with the outcome.
That is it and I shall wait for the letter to arrive signing it off.
Cheers,
LRIndy.
more...
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kaisersose
06-16 04:17 PM
just for comparison sakes...do remember that the distance from churchgate to virar (in bombay) is 35 km. http://en.wikipedia.org/wiki/Mumbai_Suburban_Railway.
That is equivalent of approx 22 miles. I doubt there is anybody is bombay that drives 35 km one way on a daily basis. But in the US living 10-20 miles from work is not bad. People in my office drive about 40 miles one way without blinking an eyelid. Some drive even more. Plus the cars that they have in india have smaller engines, smaller capacity thereby better gas mileage.
So for people who say gas is a non issue, think again.
Yes, thinking again, my opinion still remains the same. Gas prices in the US moved up from 25c a gallon in the late 60s to what it is now. No one stopped driving on account of that. Ditto with India.
I say, we will not see signifcant changes in the US lifestyle due to increasing gas prices. People will adapt and continue to do what they are doing. But this is theory and cannot be substantiated with evidence. Hence, I accept I could be wrong too.
That is equivalent of approx 22 miles. I doubt there is anybody is bombay that drives 35 km one way on a daily basis. But in the US living 10-20 miles from work is not bad. People in my office drive about 40 miles one way without blinking an eyelid. Some drive even more. Plus the cars that they have in india have smaller engines, smaller capacity thereby better gas mileage.
So for people who say gas is a non issue, think again.
Yes, thinking again, my opinion still remains the same. Gas prices in the US moved up from 25c a gallon in the late 60s to what it is now. No one stopped driving on account of that. Ditto with India.
I say, we will not see signifcant changes in the US lifestyle due to increasing gas prices. People will adapt and continue to do what they are doing. But this is theory and cannot be substantiated with evidence. Hence, I accept I could be wrong too.
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amsgc
12-11 01:10 AM
EAD document - at least that's how it is in GA. The license will be valid till your EAD expiration date.
Also, in GA, if you are not a Citizen or a Permanent resident, you cannot renew our license online.
What if you are working on EAD on pending 485? What would be the acceptable document?
Also, in GA, if you are not a Citizen or a Permanent resident, you cannot renew our license online.
What if you are working on EAD on pending 485? What would be the acceptable document?
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irock
09-25 08:49 PM
wow, you one lucky guy. i just did my fingerprinting today 09/25/07 but no EAD approval yet.
Thanks. But I'm not planning to use EAD in near future.
Thanks. But I'm not planning to use EAD in near future.
ilwaiting
07-05 10:15 AM
If they already had enough cases for this year why did DOS make dates current just 2 weeks back? Very Clear indication that government agencies are not co-operating internally, the only form of communication appears to be a public visa bulletin. How aweful.
helpful_leo
02-23 02:53 PM
For the pessimists among us who doubt the utility of what we can achieve, I have compiled the following FAQs:
1/ Isnt it very unlikely that a senator or congressman will listen to us or care about our agenda?
It is extremely likely -almost guaranteed- that US lawmakers will listen to us and incorporate our amendments, as long as they are reasonable, fair and not inimical to US interests (which our suggestions most certainly fit with). The system here works very differently than what several of us may be used to in our own home countries, where it might be near impossible to get things through to lawmakers without �connections�. Several of those here who witnessed the S1932 campaign in December were surprised at how easily accessible the lawmakers and their staff were, and how receptive they were to our requests and suggestions. We have to make sure that we present our arguments intelligently, and show them how closely they are linked to long term US interests.
(to be continued)
1/ Isnt it very unlikely that a senator or congressman will listen to us or care about our agenda?
It is extremely likely -almost guaranteed- that US lawmakers will listen to us and incorporate our amendments, as long as they are reasonable, fair and not inimical to US interests (which our suggestions most certainly fit with). The system here works very differently than what several of us may be used to in our own home countries, where it might be near impossible to get things through to lawmakers without �connections�. Several of those here who witnessed the S1932 campaign in December were surprised at how easily accessible the lawmakers and their staff were, and how receptive they were to our requests and suggestions. We have to make sure that we present our arguments intelligently, and show them how closely they are linked to long term US interests.
(to be continued)
