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Thursday, June 9, 2011

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  • nhfirefighter13
    September 2nd, 2006, 06:37 PM
    Nice job, Antonio. I like both but prefer the second. :)





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  • ashkam
    12-07 07:52 AM
    I applied for my 485 in August and then applied for my H1B extension in november. Obviously your lawyer is incompetent.





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  • haroontabrez
    04-15 10:04 AM
    TO mbawa2574 & FUNTIMES

    Just follow what TomPlate has said.

    I had exactly the same issue (the return was rejected) and I called IRS. They asked me to put 0 in the AGI and it was then accepted.

    we had a similar issue,

    what happens is that when you efile with IRS, They dont have data that your wife had SSN last year, and they have just the ITIN number. thats the reason efile gets rejected. you need to manually file this year and next year it should be OK to efile.
    I am not sure which pacakge you are using to Efile, I had similar problem with HR blocks tax cut software.

    Hope this information helps

    Thanks

    My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?





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  • desimass77
    05-11 01:30 PM
    Hi,
    I am in your stage. I am in AOS stage with EAD. I applied for FAFSA and I do qualify under 'Qualified Non-Citizen.' But, the school financial aid office was not aware of my situation and it took more than a month for me to educate and make them aware of this.

    The FAO people only know about GC or Citizen. You will have to talk to the
    School's International Office to evaluate your situation and ask them to talk to your FAO to explain about your immigration status.

    Hope this helps.

    If you need more info, PM me.

    Good Luck.



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  • gg_ny
    02-16 06:07 PM
    I bet you are kidding. If you aren't, then what I meant was various rules and regulations that come with each application, application process available from USCIS. One good way is to go to state.gov or to popular immi law education sites of lawyers (google comes handy here).

    Where can I get this? Local Library ?





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  • glus
    11-19 01:06 PM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.

    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
    Regards,



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  • jliechty
    July 13th, 2006, 10:10 PM
    The previous post reminds me of an idea for an "interpretive dance" from Whose Line... "Diarrhea, flows like a river." And may I ask... how much did you pay the webmaster to post that advertising? (pardon me and ignore this if the previous post is deleted).

    Anyway, I really like the second shot... It seems to have better contrast, which makes the flower stand out well. Good work, Gary; no need to apologize.





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  • shana04
    02-06 09:50 AM
    I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.

    I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.

    You have understand the pros and cons for H1 vs EAD

    H1:
    1. Expensive
    2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
    3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps

    EAD:
    1. Flexibility
    2. more options
    3. you can be out of status
    4. no employer problems
    5. if you have gap, when you extend. then you will be out of job
    6. you cannot fall back on H1

    so you need to decide.

    good luck



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  • lostinbeta
    11-17 04:24 PM
    I am going to wait til maybe monday or tuesday, I just wanted to bump this thread up in the new posts list.





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  • kaisersose
    07-24 11:09 AM
    I think your lawyer maybe right.

    The FAQ is saying Labor should be approved by the time you file for 140. Attaching any piece of evidence along with your 140 application that your labor has been approved should suffice.

    The FAQ is warning against filing 140 before Labor approval as many newbies may be wondering if they can utilize this 485 window by applying 140/485 based on a pending labor.



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  • InTheMoment
    06-25 07:40 PM
    Employer pays lawyer fees/USCIS fees for I-485/AP/EAD as well as medical, photos, mailing and other incidentals for me as well as spouse: Basically everything.





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  • vmetla
    07-31 12:41 AM
    I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
    Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.

    Yes thats right. I never thought i would face this issue with a single line on the ETA form.
    I have taken this issue with my HR, and they are changing the immigration lawyers.

    As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.



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  • gcformeornot
    05-27 06:37 PM
    for Paper filing as there no FP in required.
    I worte L1-B as my current immigration status, as I am still working on L1-B and not used EAD. Hope it helps.





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  • validIV
    03-20 05:25 PM
    This pretty much guarantees H-1 for small businesses. With the already reduced number of H-1 applications, you are a shoe-in for H-1 if you apply this year from a small company.



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  • PD073102VA
    03-26 09:43 PM
    One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.

    It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".

    Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.





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  • potrero
    04-30 08:31 PM
    I am not sure if this question being answered in this forum.
    Need experties if any one have this situation.

    Employer: X (Old Employer)
    Labor - EB2
    PD - Sept , 2006
    I-140 Approved

    Employer : Y (Current)
    Labor : EB3
    PD : May 9 2003I
    1-140 Approved
    I-485 : Pending

    Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
    Q : How is the apeal done considering I-485 is already filled.
    My Attorney says better to file fresh EB2 with current company.

    Please reply with your experties or if being deal with this one.

    -Thanks
    Potrero



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  • raysaikat
    07-17 01:07 AM
    Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.
    Does not matter.





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  • angelfire76
    04-01 03:29 PM
    "===============================================
    It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.

    If travel is a must, it is advised to the employees to carry the following supporting documents:

    1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
    2. The usual check list for H stamping and employment verification at the US port of entry

    The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
    "===============================================


    Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
    I wonder which attorney sent this.





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  • Vic
    11-19 08:10 AM
    Just wanted to update everyone - I did respond to the I-140 RFE with detailed information for the delay in getting the degree - and my 140 was approved without any further questions. I hope that no one else gets into this situation - but if anyone needs help - I will be more than willing to help in what ever way I can.

    Now......on to the GC :-)





    pappu
    09-07 12:59 PM
    I am thinking of opening a thread on IV forum to sell my couch. I am sure there will be many potential buyers.:D :D
    This thread is closed for now. We do not wish to encourage members to advertise on this site. The site should be focussed on IV issues and EB immigration matters that members can discuss.





    pd_recapturing
    08-08 04:36 PM
    So whats the verdict ? Can we work on EAD receipt notice if the EAD could not get renewed in time ?