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Thursday, June 9, 2011

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  • newuser
    06-23 09:20 AM
    Are you sure you have to submit the tax forms for filing I-485?


    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you





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  • psk79
    05-27 01:13 PM
    Also, Can anyone tell if we can mail both AP/EAD in the same package to the same address? It shows differnet PO Box numbers for teh EAD TSC and AP TSC.

    Thanks.





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  • TelanganaINDIA
    10-04 10:55 PM
    I am planning to go to India with my family in december. Please suggest some tourist spots across India.
    Not the usual ones like tajmahal or gateway of india etc. Thank you.





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  • zilmax007
    07-31 06:02 PM
    /\/\/\/\/\/\/\/\ Bump



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  • nomorelogins
    11-16 04:23 PM
    your pd needs to be current for being allocated a visa number.

    they process ( fp/namecheck etc ) and you eventually become documentarily ready. but still pd needs to be current to get GC

    eligible_for_visa_num_alloc = pd_current && documentraily_ready && visa_number_available





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  • cabal
    08-30 12:16 PM
    I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.

    It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485



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  • wandmaker
    10-23 10:15 AM
    Thanks guys,

    But I am still not 100% clear. I thought both of them have independent EAD statuses, but applying together is because of maritial status.
    Is it not needed for wife's case to be independently handled.

    You can have independent status of EAD, but your wife's EAD is based on her 485 and her 485 is based on your 485. If your 485 is denied, your EAD is invalid and you dont have any status. Eventually her 485 will also be denied based on your denial that will make her EAD invalid. Hope this helps! Basic rule! Until the 485 denial of individual application, individual EAD is valid





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  • glores1970
    09-23 12:06 PM
    I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

    Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

    What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.

    write the following on the envlope using marker
    DO NOT OPEN IN THE MAIL ROOM

    and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current

    Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.



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  • getta05
    03-27 10:40 PM
    Oh no
    Im on a L2 visa.





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  • DSLStart
    07-15 10:03 AM
    thats weird!
    watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D

    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?



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  • wandmaker
    07-19 05:09 PM
    Receipt Number: eAC02080xxxx
    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
    Current Status: Case Transfered to Another Office for Processing

    Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS





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  • belmontboy
    10-06 08:47 PM
    Guys,
    I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.

    what laws are you looking for?

    AFAIK, there are no restrictions on H1B holder trading a/c. They enjoy same privileges as everybody else.

    Uncle sam doesnot care as long as you pay the taxes on ur profits.



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  • snathan
    04-28 05:40 PM
    Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.

    1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
    2. If your I-140 is denied, it will trigger the I-485 denial.
    3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.

    I am not sure but think you can use EAD if you go for appeal...

    So its always good to have H1B as back up for EAD and AP. At least you will be in status.





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  • krithi
    02-18 05:05 PM
    I recently returned from India, had a valid H1B visa, but the immigration officer insisted on using AP, my attorney suggests i need to change back on to H1B, any thoughts on this?

    Thanks,
    Krithi



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  • randomdude
    04-20 09:58 PM
    A friend of mine works for a non-profit and has always been with only one employer (employer A) . He had been on H1 for three years and then used his AC21/EAD card for a year now (again employer A - just wanted to save money by using EAD card instead of applying for H1 again). Can he reapply for an H1 again (same employer A again - no caps apply as this is a non-profit) or is it that once one uses an EAD card, H1 is given up forever?

    Thanks in advance





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  • iv_only_hope
    01-15 10:20 AM
    Update from my lawyers site

    For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date. The State Dept. has ssured that it is looking for mechanisms to maximize number usage so that no visa numbers remain unallocated, and is looking for ways to make additional India and China-mainland born numbers available, such as by making sure that unused numbers that had been sent to consular posts are promptly returned



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  • gk_2000
    05-04 01:32 PM
    What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!





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  • jatinr
    07-26 09:10 AM
    Bibs:
    To apply for EAD you need the following documents

    1. I-131 EAD Application document



    2. Copy of I-485 receipt notice
    3. 2 colored passport pictures - recent
    4. Cashiers cheque as stated in the form.

    Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.


    I 765 EAD Application document.





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  • midguy
    01-12 06:41 PM
    Hi All,

    My EAD expired in last October and I am still working on H1 ...when I renew EAD which option I have to choose while applying for EAD...is it Renewal or a Fresh one?





    solaris27
    12-20 08:36 AM
    submit AR-11 form online and also send it by post also .





    Blog Feeds
    04-26 11:30 AM
    AILA Leadership Has Just Posted the Following:



    All eyes are on Governor Jan Brewer today.

    On her desk is SB 1070, an anti-immigrant bill which would effectively make all Latinos the target of arrest or interrogation, whether or not they are U.S. citizens, lawful immigrants, or undocumented foreign nationals. Indeed, such a hate-motivated bill may well compel all Latinos to pack up and leave the state. Brewer's choice is clear to anyone who cherishes freedom and democracy�veto SB 1070, and toss it into the dust bin of history where it belongs, together with Jim Crow, the Nazi Nuremberg laws, and South African Apartheid.

    But, believe it or not, the Governor is actually considering signing this venomous bill into law. Last night, in yet another surreal Arizona moment Governor Brewer addressed the 41st annual Chicanos Por La Causa anniversary dinner amid calls in the audience for her to veto SB 1070 and surrounded by protesters that chanted and marched outside the Sheraton Phoenix Downtown Hotel where the dinner was held. At the dinner, organization board chairwoman Erica Gonzalez-Melendez urged Brewer to veto "the most hateful piece of legislation directed at Latinos" aptly pointing out that SB 1070 will do nothing to fix our broken immigration system and only "panders to the racist fear mongers of our state." But, Governor Brewer refused to say what she would do, invoking political-speak instead, "I am not prepared to announce a decision on Senate Bill 1070," she said. "What I decide will be based on what's right for Arizona." http://bit.ly/96KJlT. (Note to reader: there have been several surreal moments in Arizona this week. On Monday Senator John McCain, who once described himself as a "maverick" and champion of comprehensive immigration reform, told Fox News host Bill O'Reilly that "the drivers of cars with illegals in it ... are intentionally causing accidents on the freeway." Then on Tuesday an Arizona state House committee approved a measure which would force President Obama to show his birth certificate if he runs for re-election. http://huff.to/9bfpzg)

    What is right for Arizona is for Governor Brewer to jealously protect the rights of all its citizens and follow the U.S. Constitution, not turn Arizona into the Fourth Reich. Let's be frank, by passing SB 1070 lawmakers have sold out Arizona taxpayers in a cynical effort to garner votes and look tough. The bill does nothing to build a functional immigration system, secure the border nor rid the state of dangerous criminals. Nor does it protect the wages and working conditions of US workers. Instead, it targets day laborers and ordinary citizens whose appearance might raise "reasonable suspicion" of unlawful immigration status in the mind of a police officer. If Governor Brewer signs SB 1070, people in Arizona with foreign sounding accents or who don't "look American" had better not run into the wrong cop (or even the right cop) because the law mandates they prove they are here legally.

    SB 1070 is not the product thoughtful policy making; it is hate speech masquerading as legislation. This sounds extreme until you read SB 1070 which is a hodgepodge of mean spirited provisions that will effectively transform Arizona into a police state for anyone whose skin is a shade other than white. The bill's effect may very well be to make Arizona "Latino Free" and force those who stay behind�U.S. citizens included�to feel like hunted criminals. Frankly, there is no other way to describe SB 1070 which would make not having immigration documents a state crime, allow law enforcement officers to arrest anyone who could not immediately prove they were in the U.S. legally, and subject a brown-skinned person who leaves home without a wallet to arrest. Cardinal Roger Mahony of Los Angeles was hardly exaggerating when he compared SB 1070 to "German Nazi and Russian Communist techniques whereby people are required to turn one another in to the authorities on any suspicion of documentation." http://bit.ly/9ZIQ9K.

    SB 1070's outright decimation of civil liberties and American values aside, Governor Brewer's signature on the bill will likely reek economic devastation on Arizona, costing its taxpayers billions in lost revenue. The Immigration Policy Center (IPC) reported this week that "if significant numbers of immigrants and Latinos are actually persuaded to leave the state because of this new law, they will take their tax dollars, businesses, and purchasing power with them. The University of Arizona's Udall Center for Studies in Public Policy estimates that the total economic output attributable to Arizona's immigrant workers was $44 billion in 2004, which sustained roughly 400,000 full-time jobs. Furthermore, over 35,000 businesses in Arizona are Latino-owned and had sales and receipts of $4.3 billion and employed 39,363 people in 2002, the last year for which data is available. The Perryman Group estimates that if all unauthorized immigrants were removed from Arizona, the state would lose $26.4 billion in economic activity, $11.7 billion in gross state product, and approximately 140,324 jobs, even accounting for adequate market adjustment time. Putting economic contributions of this magnitude at risk during a time of recession would not serve Arizona well." And this loss of revenue to the hard working taxpayers of Arizona does not take into account the cost of defending the inevitable lawsuits that will be brought against the state for civil rights and other violations. According to the IPC, "Arizona would probably face a costly slew of lawsuits on behalf of legal immigrants and native-born Latinos who feel they have been unjustly targeted" leading to millions of dollars in expenditures. http://bit.ly/dbguDK.

    As I wrote previously on this blog, SB 1070 is not the problem. It is an awful symptom of the failure of the Administration and Congress to enact immigration reform. In the void, local and state authorities have run roughshod over the civil liberties we cherish as a nation. What we see today is a perfect storm of crises�ICE's neglect and abuse of immigrant detainees which has culminated in 107 deaths in immigration detention since 2003, the serious civil rights abuses in the notorious 287(g) program which is administered by ICE and "deputizes" state and local law enforcement agencies to enforce immigration law, and an immigration bureaucracy that thumbs its nose at the needs of American business and families. As a nation we must demand that Congress and the Administration put politics aside and get to the hard work of building a safe, orderly, fair, and functional immigration policy designed to protect civil liberties and serve the needs of all Americans.

    As for today, Governor Brewer has a choice. She can succumb to hatred and fear by signing SB 1070 or allowing it to become law without her signature (it is hard to say which would be more cowardly). Or she can show uncommon political courage and veto the bill, thereby drawing a line in the Arizona desert over which racism, intolerance, and injustice dare not cross.
    https://blogger.googleusercontent.com/tracker/186823568153827945-3162775922361590244?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/04/arizona-governor-jan-brewers-choice.html)