Thursday, June 30, 2011

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  • AK01
    09-11 03:59 PM
    I wonder what is the difference between Data Review and In Process...




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  • jediknight
    08-06 06:59 PM
    Here are my case details
    EB3 - 485 filed in Sept 2007 for me and spouse

    My spouse now has a approved I140 in EB2.

    Can we "interfile" and use my I485 app and interchange the dependents. I understand that we will have to use the 2010 priority date.

    Or should we file new I485s that make the spouse primary and me dependent.

    If "interfiling" is possible, how long does it generally take?

    Thx,
    JK




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  • bkarnik
    10-26 09:56 AM
    No... as long as you can show ties to the US (owning a house, paid taxes, etc) you should be OK. In a situation where a company has sent you overseas, if you have adequate documentation to prove that the company had sent you overseas and you are still on the payroll here, you should be OK. Although, to be safe, I would probably try to make a couple of trips back to the US in a year to maintain resident status.




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  • number30
    03-15 06:13 PM
    Thanks in advance for answering my question:

    I have had an EAD from past 2 years, but I also had a valid H1B I was working for company A on H1 and my GC is filed by Company B future employment(and hence the EAD)

    - Company A went down last year, so I was laid off, so my H1 lapsed.
    - I switched to Company B since I have an EAD through them.
    - I am on Company B's payroll currently.
    - The company A folks needed help after they were shutdown, I helped and was paid for hours. (doing same and similar work) but not issued a 1099...

    Question - I will need to file taxes on those hours, in terms of immigration have I done anything out of ordinary here? I don't know if USCIS and IRS connecected, or I am just being paranoid here?

    Thanks!

    As you are on EAD nothing wrong is done as for as USCIS is concerned. Just add that income as self employment income you should be fine. Also you can deduct those expenses you made to earn that income.



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  • gc_check
    06-25 07:01 AM
    Also in NC, the DMV rules are changes to issue DL untill the Visa Stamp validity in PP, This will be an issue, if you extended your H1, but no valid visa in PP. Would recommend getting this done via internet.




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  • yagw
    08-18 10:46 PM
    Hi,

    I am on H1 visa. 485 pending, and have EAD. However the 1 yr period of EAD is nearing, the EAD expiry date is Aug 20. We have already applied for EAD renewal and have recieved 'notice of receipt' for the application.

    My question is can I use EAD and change job while EAD renewail is in process? The problem is that the current employer may be closing this dept in few weeks and therefore, I will be losing this job. I would like to know if i can join a new job while EAD renewal is in progress.

    Any suggestions please

    thanks

    You can, for the duration of your current EAD. If you get your new EAD before that, then everything is fine. If not, you might have to stop working on the expiry date of your current EAD till you get the new one.

    DISCLAIMER: I am not an attorney and this is not a legal advice.



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  • gc_check
    11-17 07:33 AM
    Me and my wife received our EADs and our H1/H4 is valid till 2010.
    My wife is attending school being on H4. Since she has EAD, can she work part time(not in school) and keep the H4 status valid.
    Please suggest.

    Yes, She can work using EAD part time or fulltime. But if she uses EAD, the H4gets invalidated automatically, She should keep renewing the EAD / AP.

    Why you want to have the H4 status valid ??




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  • ssingh462
    09-29 09:23 AM
    What is the H1 premium processing fee and what is the regular processing fee ?



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  • H1B-GC-NY
    02-14 02:55 PM
    I've been waiting since 20th of December. Thats when they (NSC) received my documentation reply.. and still no news!!! Have heard that NSC were on vacation (December and January), they just returned ... That's too bad!




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  • vrbest
    11-21 08:19 AM
    Thanks for the clarification. This helps!


    The text is printed on your SSN card based on your visa status at the time of application. EAD is also a temporary status, this also requires a renewal. Hence, you would not be able to "remove" the text from your SSN card until your receive the GC.



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  • quizzer
    08-29 07:14 PM
    Last week i received the letter about my RFE for my I140 which they received on Feb 8, 2007. I'm a EB3 category from Bangladesh.

    USCIS requested for the tax information of the company
    My W2 for last year and
    My Pay Stub....


    Is there anything else extra i have the provide. do i have to worry about anything towards my approval or this is just a regular process to go through.

    Was it from texas or nebraska?




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  • immigrationmatters30
    07-26 10:02 AM
    ~~~~



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  • Redeye
    06-18 07:11 PM
    I have a question which I have been wanting to ask for a while, so if GC is for a future job then can someone incorporate a company and work for self on EAD/AC21. If there is query for ablity to pay then at that point can you have an offer from other company and work for that company for 6 months once you get 485 approved.


    Greencard is for the future job you are going to do, after getting the green card.




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  • FinalGC
    01-14 05:22 PM
    Remember in a marriage case....it is a 2 step process...Initially they get a temporary Gc and then after 2 years they get a permanent GC. So, she needs to see which GC is she getting before making any decisions.

    Also ask them to go for counselling....if they can reconcile...



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  • MArch172008
    07-02 12:51 PM
    If wife name is not mentioned what is the consequence?




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  • add78
    04-21 05:07 PM
    Hello,

    If someone is going to be filing for I-140 on a recently approved EB2 (India) while on H1-B in USA with same employer, is it better to check the first box (Alien will apply for visa at a consulate abroad - meaning consular processing of 485) instead of AOS? My understanding is once I-140 is approved and if 485 dates become current, then if CP has been indicated on I-140, then the consulate abroad will order visa number in the month after and the person should get an interview call, even if the dates retrogress back in the following months?
    In that case indicating CP is better than AOS on I-140? If so, can the person continue to work on H-1 while waiting for the interview call at consulate abroad?

    Thoughts appreciated. Anyone please?
    Thanks



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  • alien4ever
    09-25 12:19 PM
    Anyone have any answers?

    Hi,

    I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.

    I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.

    Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.




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  • number30
    05-07 08:52 PM
    Hi,
    Wanted to know if there is any limitation on H4B visa date for coming in to US. My wife's H4B visa ends on Sep28 2009, she will travel and will be back on 28th Aug 2009. Is there any problem since its only 1 month from expiry.

    In the meantime I will apply for an H1b extension.

    Please reply
    Regards,

    She should be OK. But apply for H4 extension once she is back here.




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  • Ann Ruben
    04-08 11:05 AM
    Hi Xela,

    I am so sorry for what you must be going through. There are certain visas/immigration law provisions to assist victims of violent crime. I would need more information about your particular circumstances in order to provide any useful guidance. If you would prefer not to share personal details in a public forum, please feel free to contact me confidentially by phone or e-mail.

    With respect to your first query, as an applicant for AOS you will retain legal immigration status even if you engage in non-H-1B employment using an EAD. You will, however, lose "lawful non-immigrant (H-1B) status" if you perform work for any entity that has not petitioned for H-1B status on your behalf.

    Keep in mind that merely applying for and obtaining an EAD has NO impact on your lawful H-1B status. So, given life's uncertainties, it's generally a good idea to obtain EAD and Advance Parole just in case H-1B employment is lost.

    Hope this helps,

    Ann




    Macaca
    02-26 02:59 PM
    Here is the article about Skill shortage: http://www.cnbc.com/id/17188440

    Does not mention us. I did not see a blog site for comments. Am I missing it? Thanks.




    knnmbd
    05-03 03:51 PM
    :( :confused: hi
    i got a call from my employer stating that my 45 days later has coem (whether i want to continue with the green card process or not)
    i called my lawyer to find out if the pepers have arrived which i need to sing and get signed from my employer and return ..and she has nto recived them
    wat do we do now?
    can we ask for another copy and how tp go about thsi process?
    thanks
    No offence but this forum (I am sure you know it already) is only for retrogression related issues and current happenings in the senate and such other issues. Please use the forum on immigration.com where I am sure you will have a lot more luck in getting your questions answered.



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