nt07
11-08 09:37 AM
My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
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roseball
07-22 12:03 PM
Hi
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Having I-140 approved only makes you eligible for a 3 yr extension, provided you submit all the documents required in normal H1 process. So, you still have to go through the same process.
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Having I-140 approved only makes you eligible for a 3 yr extension, provided you submit all the documents required in normal H1 process. So, you still have to go through the same process.
chanduv23
06-14 11:19 PM
My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.
Anyone has experience who filed I-485 MTR and it was successfull through this attorney.
Please PM me if you do not want to share the experience in public.
After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.
Do send your story to IV as IV ios collecting such stories
Anyone has experience who filed I-485 MTR and it was successfull through this attorney.
Please PM me if you do not want to share the experience in public.
After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.
Do send your story to IV as IV ios collecting such stories
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humsuplou
07-02 05:22 PM
I entered via advanced parole, so what should I put as the Manner of Last Entry in the E-Filing?
And I am holding H1B, and also EAd at this moment, what is my Immigration Status?
Thanks.
And I am holding H1B, and also EAd at this moment, what is my Immigration Status?
Thanks.
more...
vidyakulkarni
07-11 06:52 PM
can you please tell me how much time now takes to H1b renewal?
I am in 6th year of H1b.
I am in 6th year of H1b.
days_go_by
01-29 02:07 PM
I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.
Of all places I least expected anti immigrants to be so active on craigslist.
Those who still have doubts about what we are against, let this be an eye opener.
And what are we doing? fighting each other? Wake up
------------------------
http://forums.craigslist.org/?forumID=7
Immediate Calls Needed to Stop H-1B Increase < t_g > 01/29 11:33:27
Immediate Calls Needed to Stop H-1B Increase
Senator John Cornyn (R-TX) is leading an end-of-year effort to nearly double the importation of H-1B nonimmigrant foreign workers and to more than double the number of employment-based (EB) permanent residents admitted to the United States each year, among other things. This proposal would:
� Depress wages in high-skill occupations.
� Force more highly-skilled American workers onto the unemployment rolls.
� Further erode America�s middle class.
� Deter American children from pursuing degrees in high-tech fields.
Call the capitol switchboard at (202) 224-3121 or (877) 762-8762. Tell your Representative and Senators to oppose any H-1B increase. Who represents me?
Of all places I least expected anti immigrants to be so active on craigslist.
Those who still have doubts about what we are against, let this be an eye opener.
And what are we doing? fighting each other? Wake up
------------------------
http://forums.craigslist.org/?forumID=7
Immediate Calls Needed to Stop H-1B Increase < t_g > 01/29 11:33:27
Immediate Calls Needed to Stop H-1B Increase
Senator John Cornyn (R-TX) is leading an end-of-year effort to nearly double the importation of H-1B nonimmigrant foreign workers and to more than double the number of employment-based (EB) permanent residents admitted to the United States each year, among other things. This proposal would:
� Depress wages in high-skill occupations.
� Force more highly-skilled American workers onto the unemployment rolls.
� Further erode America�s middle class.
� Deter American children from pursuing degrees in high-tech fields.
Call the capitol switchboard at (202) 224-3121 or (877) 762-8762. Tell your Representative and Senators to oppose any H-1B increase. Who represents me?
more...
kirupa
06-21 03:04 PM
You interpreted it correctly and your entry flies very nicely under the guidelines! :)
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pappu
04-06 03:35 PM
Michele Wucker will be on MSNBC Saturday
(tomorrow, April 7) in three different five-minute slots between
11:30 a.m. and 1 p.m. ET debating Patrick Buchanan on immigration.
In the past she has written favorably on EB legal immigrants. She has many spots on MSNBC lately (at least once a week).
If you do want to receive alerts of future tv and radio appearances
then YOU MUST SIGN UP for her "media" list by clicking the following
link
http://wucker.com/phplist/?p=subscribe&id=3
IV urges its members to write to her so that she contines to speak about our plight.
(tomorrow, April 7) in three different five-minute slots between
11:30 a.m. and 1 p.m. ET debating Patrick Buchanan on immigration.
In the past she has written favorably on EB legal immigrants. She has many spots on MSNBC lately (at least once a week).
If you do want to receive alerts of future tv and radio appearances
then YOU MUST SIGN UP for her "media" list by clicking the following
link
http://wucker.com/phplist/?p=subscribe&id=3
IV urges its members to write to her so that she contines to speak about our plight.
more...
neeidd
08-31 05:52 PM
Hi,
Would some one post info on how to get directly to level 2 or 3 USCIS customer service rather than level 1. I Called USCIS couple of times, the customer said I need to wait 90 days to check the status with them. I filed in July and have no receipt. I would like to know whether my case is entered in USCIS database. Please guide!
Thanks
Would some one post info on how to get directly to level 2 or 3 USCIS customer service rather than level 1. I Called USCIS couple of times, the customer said I need to wait 90 days to check the status with them. I filed in July and have no receipt. I would like to know whether my case is entered in USCIS database. Please guide!
Thanks
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nuke
08-22 10:02 AM
USCIS has been saying that they control the flow of visa numbers because they are expecting huge rush of 245i cases. But is there any law or clause which says that they have to work in sync with DOL. I think what the law says is that they should approve the received cases accroding to priority dates and don't have to collaborate with any other department or agency. What makes USCIS so sure that all the cases at DOL will be certified and eventually come to 485 stage. If they are so sure that all of these cases will be certified then why do we even need labour certification process. I think we should lobby the USCIS to release a quarter of yearly quota every 3 months and concentrate on already filed cases and not on whats expected.
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
more...
ars01
02-19 10:51 AM
As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.
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El Hacko
June 12th, 2006, 10:20 PM
I agree with Jliechty...Colorful photo Antoine but less bokeh and focus for all the berries in this one make it a winner. Got to say, the lighting and colors look great!
more...
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GCNirvana007
08-19 06:02 AM
Those who can afford to go to an USCIS office, if you have proper evidence, they issue AP and give it to you right there.
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zCool
04-02 08:50 PM
1. You can definitely change the employer and invoke AC21. No issues there..
2. You can change AOS to consular, but not after you've invoked AC21.
Actually there's probably a way to do that too , but maybe a good (and probably expensive) lawyer needs to be consulted.
2. You can change AOS to consular, but not after you've invoked AC21.
Actually there's probably a way to do that too , but maybe a good (and probably expensive) lawyer needs to be consulted.
more...
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gcdreamer05
02-17 09:49 AM
How did you come to a conclusion there is a huge rejection rate in chennai ?
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txh1b
02-26 11:04 PM
1. Will not work as you are already out of status due to the denial
2. If the I-94 is valid till 11/9/2009 - Nov 9, 2009, If this I-94 is from the previous employer that already has revoked the H1b, it literally does not have any meaning as you are not maintaining your H1b with that employer or working for them.
3. Not even a possibility as H1b portability requires that you are currently in status.
2. If the I-94 is valid till 11/9/2009 - Nov 9, 2009, If this I-94 is from the previous employer that already has revoked the H1b, it literally does not have any meaning as you are not maintaining your H1b with that employer or working for them.
3. Not even a possibility as H1b portability requires that you are currently in status.
more...
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gsc999
09-12 02:14 AM
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
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cheers, and see ya'll in DC!
jazz
--
Jazz great work with the blog. Thanks!
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
--
Jazz great work with the blog. Thanks!
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MCQ
04-22 02:24 PM
Here is my interpertation,
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
"Cancelled without Prejuidice" means that they have cancelled the visa as it is no longer needed as they have approved you for your Permanent Residence. It also means that if you do not keep your Permanent Residence (you mentioned conditional in your note - so I'm presuming marriage based GC?) then you will have no difficulties in ever getting another visa should you ever need one.
if a visa is cancelled WITH prejudice - then you would have had great difficulty in ever getting another US Visa.
hope that helps.
McQ
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ssh
01-25 07:19 PM
Considering the state of the economy and considering that the most important poisiton to save is that of the primary applicant, I suggest that USCIS process cases of primary applicants asap.
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
starscream
09-10 09:40 PM
Friends please see situation below:
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
NANO3
11-10 09:56 PM
i don't see any stamps :stare:
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