immi2006
05-04 12:59 PM
Hi,
I spent 2 weeks just looking at all immigration.com posts and analysing the data patterns posted on the BEC, permtracker, calif 140 stage and so on... no one has published a report for a ready reckoner. I wanted to see the data sample to see where we stand today on the status as a snapshot, the data could be off the mark, because there could be folks who filed multiple LCs, and not withdrawn when one of them is approved !..or there could be employers who may have filed Eb2 and Eb3 for same person, cannot gurantee... so, the data is based on all postings of immigration.com, I would encourage u to read some of the posts to get a first hand feeling of the trends.
I spent 2 weeks just looking at all immigration.com posts and analysing the data patterns posted on the BEC, permtracker, calif 140 stage and so on... no one has published a report for a ready reckoner. I wanted to see the data sample to see where we stand today on the status as a snapshot, the data could be off the mark, because there could be folks who filed multiple LCs, and not withdrawn when one of them is approved !..or there could be employers who may have filed Eb2 and Eb3 for same person, cannot gurantee... so, the data is based on all postings of immigration.com, I would encourage u to read some of the posts to get a first hand feeling of the trends.
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lecter
January 4th, 2005, 11:34 PM
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PALLO
04-21 03:51 PM
Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .
Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?
Thanks a lot!!!!!!!!
Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?
Thanks a lot!!!!!!!!
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eyeopeners05@yahoo.com
03-13 10:47 AM
I have a question.
How do I contact my senator ?
I know his phone number in DC but was not sure if I just call him up directly on the phone number or if I do it differently. Any suggestions would be greatly appreciated.
eyeopeners
How do I contact my senator ?
I know his phone number in DC but was not sure if I just call him up directly on the phone number or if I do it differently. Any suggestions would be greatly appreciated.
eyeopeners
more...
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?
nandakumar
01-18 04:40 PM
I'm the other voter,
Guys, it is the time to show up your support and contribute to this effort.
I only see one vote and that too mine on the attendance poll above.
Don't let anyone take your vote and your voice for granted.
Guys, it is the time to show up your support and contribute to this effort.
I only see one vote and that too mine on the attendance poll above.
Don't let anyone take your vote and your voice for granted.
more...
bluez25
08-26 02:18 PM
also one more thing is that my previous attempt for GC with my previous employer was more that 4.5 years for the labor to be cleared and unfortunately I had problems and quit that employer.
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GCAmigo
11-30 02:42 PM
I would say don't do anything.. if the card comes in mail, enjoy it.. else enjoy the wait!
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jettu77
07-17 06:40 PM
So, they were decided on July 13th itself...
Department of State Publication 9514
CA/VO:July 13, 2007
Department of State Publication 9514
CA/VO:July 13, 2007
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lost_in_migration
05-15 12:24 PM
The problem of retrogression hits high skilled immigrants of all the countries and this is specially true for EB3. Hope more and more non-Indians sign-up for IV.
This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.
This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.
more...
Motivated
10-27 09:22 AM
to Motivated...
Seriously, .... Are you really thinking about getting this guy :p
Good Job!
at least there is some action involved, you should join too....especially if you are from WI
just saying meragcdedobhai - won't get it.
Seriously, .... Are you really thinking about getting this guy :p
Good Job!
at least there is some action involved, you should join too....especially if you are from WI
just saying meragcdedobhai - won't get it.
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hoolahoous
03-18 04:26 PM
Yesterday I went to SSN Administration office to apply SSN for my wife to get the tax rebate, you definitely need EAD if that person doesn't have work permit. So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier. Hope this will answers your question. Regarding the tax rebate, you have to have SSN to qualify, so that's the main reason I went to SSN administration office for my wife.
there is no status called 'EAD' .. it is AOS/I-485 which gives the status. EAD just gives you work authorization. Probably the person who you talked to didn't have much idea about immigration.
FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.
there is no status called 'EAD' .. it is AOS/I-485 which gives the status. EAD just gives you work authorization. Probably the person who you talked to didn't have much idea about immigration.
FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.
more...
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GCard_Dream
07-09 02:07 AM
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
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akred
03-09 02:08 PM
Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
more...
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glus
10-20 08:22 AM
Hello,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
As EAD is not same like H1-B, you can not work if the old EAD expires and new one is not issued (see an attorney's reponse here (http://forum.freeadvice.com/immigration-9/ead-renewal-195657.html) and here (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=7161084702)). If EAD application is pending for more than 90 days, then you can open a service request and request expedited approval (there have been cases where such requests resulted in EAD approvals within a week). It is worth a try to approach the local USCIS and request a temporary EAD, but as far as I know, USCIS has stopped issuing such temporary cards.
It is important that you do not work in-between the expiry date of old EAD and start date of new EAD, so it is better to ask for unpaid leave for such time, though there is no need to quit the job. If the work demands are heavy, you may want to continue working as per 245k (but you will have to pay 1000 USD as fine), see the discussion here (http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/20566-new-245-k-memo-released-with-more-clarifications.html).
Good luck!
hi there,
There is no 245(k), $1000 fee. This fee applied to different law, 245(i), which does not apply here. If a person works during the gap between EADs, he/she will incur "unauthorized employment". However, this clock stops when a new EAD is approved. As long as an Employment-based 485 beneficiary or derivative beneficiary did not incur 180 days of unauthorized employment or more, as in this case, his/hers I485 can be approved due to the 245(k) protection.
Best Wishes,
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wandmaker
06-05 05:20 PM
USCIS has regular pickup schedule, it is the case with few of the applications mailed thru USPS - DONT Worry unless you want the application to reach on or before a specific date.
more...
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samuel5028
04-18 02:56 AM
Hello Memebers,
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.
Thnaks
It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.
Thnaks
It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.
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rhoh
07-29 10:01 PM
Once you are on F-1 (in the rare case), then you'll file your tax returns as Non-resident Alien and this will mean abandonment of 485.
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NikNikon
November 14th, 2007, 01:47 PM
I've reformatted my card several times both on the D70 & D80 without issue.
Saralayar
07-28 09:09 PM
I'm getting fed up with people on this forum who assume that India is the only country from which people immigrate to the US, and always only mention the India dates when talking about cut off dates, and assume that are the only dates people want to talk about.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
Yes you are correct. Guys just like that start some heart breaking threads. Not doing proper research on such delicate and sensitive issues.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
Yes you are correct. Guys just like that start some heart breaking threads. Not doing proper research on such delicate and sensitive issues.
psczd4
08-10 01:20 AM
how about applying for a tourist visa for that time period?