Saturday, June 11, 2011

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  • monicasgupta
    12-31 10:32 AM
    Dear friends,

    My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
    My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?

    Thanks
    MOnica





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  • 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?





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  • alterego
    08-06 01:10 PM
    Congratulations.

    Enjoy your new status.

    Hope you will stay atleast partly involved. You have been tremendously energetic in you activities. We are all happy for you.





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  • lj_rr
    08-06 12:52 PM
    Congrats.
    Labor filing date(not approval date) is your PD.What was the filing date?

    It is EB2, labor approval date is my PD - No idea, why profile does not show up.



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  • Euclid
    02-11 06:24 PM
    Hi Prashanthi,

    Thank you for your reply.


    The receipt is not for an "initial or renewal" (OPT) EAD. It is for the "replacement for a lost (OPT) EAD".
    I do have the approval notice in hand. It the actual OPT EAD that is lost.

    Note: A receipt for an application for an initial or renewal USCIS
    Employment Authorization Document (EAD) filed on a Form I-765,
    Application for Employment Authorization, is not acceptable for Form
    I-9 verification purposes.

    Also for immigration purposes you cannot start working until you have the approval in-hand.





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  • kevinkris
    11-03 08:42 PM
    http://www.youtube.com/watch?v=INo69f7f8bo

    About CIR.

    The CIR bill is definitely coming back. Obama has mentioned it few times that solving the current immigration problem is one of his highest priority. Now we will need to wait and see what changes they can add to the existent CIR bill to help legals. But I would think most of the bill should remain the same since they have wasted a lot of time and effort in coming up with it



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  • looivy
    11-02 12:59 PM
    If this is a possible solution, have your Mother-in-Law visit Canada temporarily for a few day and have her come back to US. I am just floating this idea for discussuion.





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  • Env_Engr
    10-22 09:30 AM
    Has any July 2nd filer that got receipts / checks cashed in October, receveived EAD? I am still waiting and wondering how long this phase will last?:mad:



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  • bathuzp
    11-11 02:30 PM
    where can i find this free attorney on net and do u have a number that i could call at.





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  • Dhundhun
    10-23 02:13 PM
    buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.

    Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.



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  • priti8888
    08-16 11:09 AM
    Most IO in India are not aware of "AP"...They ask if you have a GC , H1B ,F1 or tourist visa. Here's what we and our friends have done and it works..

    Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...


    They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.





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  • h1techSlave
    04-21 09:31 PM
    DL is essentially controlled by individual states. In MD they just give you 5 years irrespective of the visa expiry date. Only thing is that you need to have I-94/EAD + a visa (expired is fine). I have recently extended my MD drivers license thru mail.

    In VA, I heard they would give only until the expiry of the EAD/H1B.



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  • Tito_ortiz
    11-17 11:47 AM
    Hmmm...

    In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.

    That is just my humble opinion.

    Regards,

    Tito


    Do you agree with this statement

    If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. IUf there is no reform by January 2008 its not gonna happen.

    Thanks





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  • thescadaman
    07-26 08:40 PM
    I used your website to search "USPS Express" and I got the answer I needed very quickly. Thanks for the website..

    For everyones else benefit...

    for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.

    link
    http://www.immigration.com/fromtheagency/nsc112006.html



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  • pappu
    07-21 10:16 AM
    You can consult any lawyer. To the best of my knowledge you dont need employer sponsorship if ur a PhD although i could be wrong.
    Yes. Just having a Ph.D does not ensure a greencard. Employer based EB greencards are straightforward in process since employer only has to prove that no american citizen is available to do the job and the employer is willing to pay the salary as per market rates. This is established via labor certification process. The other routes of bypassing this are by showing that one is so expectional that US Government should allow them to stay permanently in this country. The various routes for this are if you can show if you have several publications, articles, patents awards at international level. Extraordinary ability people in Sciences, sports and arts can apply for it. The other avenue is the investor category. if you invest money and give employment to US citizens. You should go through USCIS website to get more details on various GC routes.





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  • senthil
    02-12 01:11 PM
    - lazy folks, are NOT just lazy to contribute $$
    - many simply just dont know what mess that are into yet

    im sure time will teach lessons to those, but no use - it may be too late. they might think about IV - when they have packed their bags and while at the airport, taring their I-94's one last US departure. yeah going for good is what i mean. see you somewhere in india. may be a good subject to talk when we all retire.



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  • mysticblue
    08-17 11:33 PM
    just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.

    But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.

    Thanks. That helped a lot !





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  • zephyrr
    03-20 11:56 PM
    Question 11. When is an I-140 no longer valid for porting purposes?
    Answer: An I-140 is no longer valid for porting purposes when:
    A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
    that was submitted after an I-485 has been pending for 180 days.

    I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.


    withdrawl in that case would be death-knell to your AOS case..
    there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..





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  • gcformeornot
    04-09 12:37 PM
    forums... looks like now a days for many people EAD is delayed longer than usual.
    What you guys think? Even simple receipting, check cashing or notification using I1145 is delayed for weeks...





    justin150377
    07-17 02:20 PM
    Screw Murthy !!! I have never seen him picking up any good news.

    Murthy is a she...and I would but I'm not single. ;)





    gemini23
    07-27 08:34 AM
    Can someone with a EAD be in US without a job (say for 1-2 months). Would he be out of status. Will he have any problemsin renewing ead?



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