tertip
03-11 07:05 PM
You do sound paranoid.
All Immigraton Officers will not ask the same questions nor react the same way for similar answers.
Hence the reason I was asking for personal experiences. Thanks for your input.
All Immigraton Officers will not ask the same questions nor react the same way for similar answers.
Hence the reason I was asking for personal experiences. Thanks for your input.
milind70
07-26 10:43 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
See here is the things that are in your favour( incase u decide to file 485 for
yourself and not for her)
1. You have got married before u applied for 485.
2. I suppose you are going to get her here on H4 when you H1 extension is
approved .
3.Once she is in US and your dates become current you can apply for her 485
also if your dates is not current your 485 cannot be approved.
4. Even if your 485 is approved you have 180 days from your approval to file her 485.
The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
See here is the things that are in your favour( incase u decide to file 485 for
yourself and not for her)
1. You have got married before u applied for 485.
2. I suppose you are going to get her here on H4 when you H1 extension is
approved .
3.Once she is in US and your dates become current you can apply for her 485
also if your dates is not current your 485 cannot be approved.
4. Even if your 485 is approved you have 180 days from your approval to file her 485.
The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .
renupond
10-04 10:46 PM
No I am not related to eadguru.
I simply need this info for my spouse.
Thanks
I simply need this info for my spouse.
Thanks
jnraajan
03-29 04:13 PM
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
Usually in that instance, you should receive a NOID from the USCIS. It goes to your lawyer. Which is why, if you are absolutely sure that your employer will revoke the I-140, it is better to file for AC21 with your own lawyer.(Not the company lawyer). In such a case, even if USCIS sends a notice to deny, it will reach your lawyer rather than the company's lawyer
more...
ysnraju
07-25 10:45 PM
So far not come across
But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
So no wonder Dependent may get approval.....
But lot of questions araises
Just for argument shake please do not expect to happen but for argument
if the Primary applicants is not eligible then what they will do ........ :)
.......
But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
So no wonder Dependent may get approval.....
But lot of questions araises
Just for argument shake please do not expect to happen but for argument
if the Primary applicants is not eligible then what they will do ........ :)
.......
RLNY122004
06-15 04:23 PM
see the reply
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
--- Please see my signature for details. My case was transfered to local office and we were interviwed last year. I took infopass last week went to district office and they told me that FP is expired and will have to take new FP. I gace FP last week and went back again today to findout the status , officer told em everything is okay and she is approving the case. She requested the visa numbers and took our I94.
2. Did you speak on the phone?
--- see 1
3. When was your name check cleared?
--- last year when I went for interview i asked officer and she said its cleared.4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
--- last one on 06/07/2007 was 10 fingers.
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
--- see 1
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
--- I got to go now, I will try to come back online later in the night and answer your questions.TIA
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
--- Please see my signature for details. My case was transfered to local office and we were interviwed last year. I took infopass last week went to district office and they told me that FP is expired and will have to take new FP. I gace FP last week and went back again today to findout the status , officer told em everything is okay and she is approving the case. She requested the visa numbers and took our I94.
2. Did you speak on the phone?
--- see 1
3. When was your name check cleared?
--- last year when I went for interview i asked officer and she said its cleared.4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
--- last one on 06/07/2007 was 10 fingers.
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
--- see 1
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
--- I got to go now, I will try to come back online later in the night and answer your questions.TIA
more...
guy03062
05-17 10:11 AM
Would anyone please share contact info of Good and proven lawyer whose legal fees is reasonable or cheaper. My lawyer asking $1800 as legal fees (not filing fees) for H-1B extension which I guess is too much.
Thank you very much in advance.
Thank you very much in advance.
hariswaminathan
01-10 02:57 PM
Its been 5 months , I'vent recieved the FP for myself. My case status still shows "The case has been transferred to Nebraska etc etc.."
Anybody in the same shoes?
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
Anybody in the same shoes?
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
more...
ita
01-16 05:21 PM
They transferred me to the immigration sub committee's office after asking my name and the reason I was calling. I got the sub committee's VM again.
skd
07-08 11:06 PM
IV core , can we also post our such questions like July 2nd "fiasco".
And rather as family question (like this video) we can do as IV organisation question ?
What do you say ?
And rather as family question (like this video) we can do as IV organisation question ?
What do you say ?
more...
jcseeker
04-17 09:24 AM
it isnot dependent on how gradual your change is. If your LC process takes 10 years, you can gradually move to VP position. It does not mean it is legal. You should never change your job duties dramatically. You could move from Software engineer to Sr. Software engineer and not to Team lead or project manager. Again, it is not hard and fast rule. Legally, you could take up any job as long as you move back to the job described in the LC after the adjustment of status(I485).
Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.
Thanks
I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.
Thanks
I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
justAnotherFile
08-04 12:57 AM
July 2 filer, PD 11/2005.
infopass appt IO mentioned namecheck and FP check cleared.
No soft/hard LUDs/approval yet.
infopass appt IO mentioned namecheck and FP check cleared.
No soft/hard LUDs/approval yet.
more...
go2roomshare
04-12 08:35 PM
Yes you can. I do not see any reason why you can't complain to DOL. first thing they did not pay you for 6 months. Second they persuaded or forced you to fake resume so that you get placed and they can make more money. It is definitely valid to complain.
pushkarw
12-21 01:27 PM
Have you contributed to the MILLION dollar drive? Please visit the funding thread!
more...
tnite
09-27 09:36 AM
Even i got the Section: UNKNOWN thing from NSC. My 140 approved on MAY 2007, But online case status is still showing case pending, Is it because of this?
Just to add to the pile, Mine says "UNKNOWN".
So what? Move on guys and if you're still worried take it with you to FP and ask the IO
Just to add to the pile, Mine says "UNKNOWN".
So what? Move on guys and if you're still worried take it with you to FP and ask the IO
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?
more...
k_sing
09-18 03:26 PM
I had a question which my accountant cannot possibly answer.
I have had my stock trading account with Scottrade (an online broker) for last 5 years. They send me a 1099 form every fiscal year for tax filings.
I have now come across a proprietary stock trading firm which offers me significant advantages if I do my stock trading through them. There however is a difference and I am not sure if I can indeed trade with them due to my H1B status.
They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades.
Is this something I can do while on H1B ? Can I be a member of their LLC / TRUST and get a K1 tax form against profit from ny stock trades?
From this specific unique situtaion arises another generic question out of curiousity.
Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.
Thanks in advance for your answer.
I have had my stock trading account with Scottrade (an online broker) for last 5 years. They send me a 1099 form every fiscal year for tax filings.
I have now come across a proprietary stock trading firm which offers me significant advantages if I do my stock trading through them. There however is a difference and I am not sure if I can indeed trade with them due to my H1B status.
They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades.
Is this something I can do while on H1B ? Can I be a member of their LLC / TRUST and get a K1 tax form against profit from ny stock trades?
From this specific unique situtaion arises another generic question out of curiousity.
Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.
Thanks in advance for your answer.
bskrishna
04-21 12:01 AM
I had applied for AP at NSC got it in a months time. I had applied for EAD on Oct 26th of last year. Got it approved by December 14th. Are majority of the people experiencing EAD delays of late?
chanduv23
08-06 04:38 PM
^^^^^^^^^^^^
Please participate in publicity campaign, click on this link
http://immigrationvoice.org/forum/showthread.php?p=141453#post141453
Please participate in publicity campaign, click on this link
http://immigrationvoice.org/forum/showthread.php?p=141453#post141453
needhelp!
12-31 12:15 PM
This year is going to be a memorable one.
AK_GC
03-16 05:05 PM
...2 letters.
