roseball
10-16 04:33 PM
Hi,
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.
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up_guy
07-25 09:20 AM
AC21 Attorney Selection (Suggested by new employer Vs selected by you)
================================================== ===
Subject : While changing jobs we have two options
1) Hire your new attorney and you pay for it or
2) Use the attorney that is recommended by your employers and its paid my new employer
Agenda : Discuss Pros and Cons of each options
My views : Its better to use attorney from your new employer because its free, because s/he can better coordinate with the employer to get the offer letter describing same and similar job duties and also if you change to another job again you can change this attorney too..you have options and they are at no cost to you
Does anyone differ from me and has any reason that why should I go for my own attroney (not using new employers attorney) for AC21 ?
Thanks any advance for your participation in this discussion
================================================== ===
Subject : While changing jobs we have two options
1) Hire your new attorney and you pay for it or
2) Use the attorney that is recommended by your employers and its paid my new employer
Agenda : Discuss Pros and Cons of each options
My views : Its better to use attorney from your new employer because its free, because s/he can better coordinate with the employer to get the offer letter describing same and similar job duties and also if you change to another job again you can change this attorney too..you have options and they are at no cost to you
Does anyone differ from me and has any reason that why should I go for my own attroney (not using new employers attorney) for AC21 ?
Thanks any advance for your participation in this discussion
Ramba
09-25 07:35 PM
Thank you so much for your reply. What you said was exactly what I wanted to hear. You said passport has no importance for immigration (GC) purpose. How about for H-1B extension? I do not plan to travel until I obtain the GC. Where can I find I-94 expiration date and does I-94 have to be renewed with a valid (not expired) passport? TIA.
You might have recevied I-94 at POE when you entered in USA with H1B visa (or it may be part of your h1b approval notice) For H1b extension, you need to attach the copy of the latest I-94. I dont think you need to attach copy of passport, when you extend H1B status or I-94 with in USA.
You might have recevied I-94 at POE when you entered in USA with H1B visa (or it may be part of your h1b approval notice) For H1b extension, you need to attach the copy of the latest I-94. I dont think you need to attach copy of passport, when you extend H1B status or I-94 with in USA.
2011 Food Chain
kirupa
10-06 05:33 PM
No no no - please don't vote for yourself :) That's considered in bad-taste and your entry could get disqualified.
more...
ItIsNotFunny
01-06 01:27 PM
Dear fellow IV'ians,
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve .... ID #85N48789NY4311439
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
Congratulations! Wish you a GC soon.
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve .... ID #85N48789NY4311439
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
Congratulations! Wish you a GC soon.
forgerator
11-15 09:42 AM
why do we even need a bulletin in this case? sheer waste of time for even the folks publishing it,
waste of gov resources, IT guy has to update, gov employee has to check, someone has to send out the release.
Seems to me like its been decided by BO or HC .......go home everyone.
agreed. Very frustrating to see the lack of movement.
waste of gov resources, IT guy has to update, gov employee has to check, someone has to send out the release.
Seems to me like its been decided by BO or HC .......go home everyone.
agreed. Very frustrating to see the lack of movement.
more...
sss9i
11-15 04:11 PM
Hi,I am also looking for Science teacher job for my sister.
I am from Phoenix. Can you give me cell no,So that I can call you regarding H1B Visa and Information regarding Teacher certification.
Thank you
Sreenivas
Hi
I am a teacher on H1B. I am here with a company GTRR. If you are a math, science or special education teacher you can get job easily. The company site is gtrr.net.
I am from Phoenix. Can you give me cell no,So that I can call you regarding H1B Visa and Information regarding Teacher certification.
Thank you
Sreenivas
Hi
I am a teacher on H1B. I am here with a company GTRR. If you are a math, science or special education teacher you can get job easily. The company site is gtrr.net.
2010 Animals and Food Chains.
rajeshalex
03-14 09:15 PM
Hi All,
We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.
Also let me know what all documents you guys carried.
Thank you
rajesh
We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.
Also let me know what all documents you guys carried.
Thank you
rajesh
more...
Devils_Advocate
08-20 03:58 PM
You must have gotten a Deportation form, where one of the category ( 5 year ban) must have been checked, that means you cant enter for 5 years.
Did you file that income as a tax return??
Did you file that income as a tax return??
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needhelp!
02-13 01:09 PM
http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg
more...
dbevis
January 31st, 2005, 07:29 AM
Solitary 2 would have been a very strong shot if you'd been able to do two things:
Include the hole and fishing line going down into it.
Captured more of that facial expression.
Three things would have been conveyed: He's alone, he's fishing, and he's focused on his task.
Include the hole and fishing line going down into it.
Captured more of that facial expression.
Three things would have been conveyed: He's alone, he's fishing, and he's focused on his task.
hot animal food chain pictures.
desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
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gumpena
08-02 04:47 PM
Why is this good news? Jan 8, 2003 and May 8, 2001 are not good news to me at least.
Greg has picked this from ..
http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf
and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
Greg has picked this from ..
http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf
and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
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addsf345
10-22 01:08 PM
The dates are retrogressed:
Nebraska Service Center Processing Time Report (10/19/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 04, 2007
Nebraska Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 08, 2007
Texas Service Center Processing Time Report (10/19/08)
I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007
Texas Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications June 23, 2007
I can't help but notice that progress at TSC.
They were processing July 16, 2007 2 - 3 months back.
One fine day, they updated dates saying that they processed till June 16, 2007. (-ve by a month)
Last month, they made progress till June 23, 2007.
Since last month, they made a progress of one day - June 24, 2007.
Is this correct? or I am a brain dead person? unable to understand CIS processing dates, particulary going backwards really baffles me.:(
Nebraska Service Center Processing Time Report (10/19/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 04, 2007
Nebraska Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications July 08, 2007
Texas Service Center Processing Time Report (10/19/08)
I-485 Residence or to Adjust Status Employment-based adjustment applications June 24, 2007
Texas Service Center Processing Time Report (9/15/08)
I-485 Application to Register Permanent
Residence or to Adjust Status Employment-based adjustment applications June 23, 2007
I can't help but notice that progress at TSC.
They were processing July 16, 2007 2 - 3 months back.
One fine day, they updated dates saying that they processed till June 16, 2007. (-ve by a month)
Last month, they made progress till June 23, 2007.
Since last month, they made a progress of one day - June 24, 2007.
Is this correct? or I am a brain dead person? unable to understand CIS processing dates, particulary going backwards really baffles me.:(
more...
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Lasantha
09-20 09:27 AM
This is BBC. They even have a link to IV.
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
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go_guy123
09-13 02:33 PM
Excerpt from the IV Home Page:
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
You can always fight....so long u have cash to burn.
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
You can always fight....so long u have cash to burn.
more...
makeup top of the food chain.
senk1s
09-30 12:23 PM
I'll try and answer your questions
1. AC21 by definition comes into play when 485 is not adjudicated for 180 days
2. because this company has promised a job after getting the GC
3. What is the 1 1/2 yrs you are refering to?
4. I dont think you require LC to invoke AC21
1. AC21 by definition comes into play when 485 is not adjudicated for 180 days
2. because this company has promised a job after getting the GC
3. What is the 1 1/2 yrs you are refering to?
4. I dont think you require LC to invoke AC21
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Canadian_Dream
09-25 12:41 PM
A real life example of libel lawsuit:
http://www.eweek.com/article2/0,1895,1905068,00.asp
http://www.lightreading.com/document.asp?doc_id=85996
http://www.eweek.com/article2/0,1895,1905068,00.asp
http://www.lightreading.com/document.asp?doc_id=85996
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Dhundhun
05-22 01:07 AM
hi thanks your input.
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
I saw your profile. You are from Nepal.
As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).
Your priority date is current.
I hope that they must have sent for Name Check long ago - this should not be blocking.
What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.
For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
I saw your profile. You are from Nepal.
As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).
Your priority date is current.
I hope that they must have sent for Name Check long ago - this should not be blocking.
What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.
For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
gcisadawg
01-01 12:07 AM
cygent,
Congratulations! I hope your $-485 gets approved soon!
-GCisaDawg
Congratulations! I hope your $-485 gets approved soon!
-GCisaDawg
gcgreen
07-07 04:04 PM
to my knowledge, the first year that she started it would be no problem.
but in subsequent years you do need to pay estimated taxes or be subject to underpayment penalty. also, because estimated taxes are pay as you go, you do need to make payments on the payment deadlines.
for some really screwed up reason, the payment deadlines are not precisely three months apart: apr 15, jun 15, sep 15 and jan 15
the amount of estimated tax you need to have paid in order to have paid is calculated based on a worksheet that you can download from the IRS website.
But the general rule of thumb you need to follow is that you should have paid AT LEAST the previous year's taxes by this year including all withholdings and estimated tax payments. For example, if you owed $30000 in federal taxes in 2007, make sure the sum of all estimated taxes and withholdings for 2008 meets or exceeds 30000. I also think there is a rule that if your AGI was greater than 150K in the previous year, you need to pay at least 110% of prior year's tax amount. I am not sure of this one. But generally speaking, I think this rule is called safe harbor rule.
The other rule you can adopt is to ensure that you pay at least 90% tax that you will owe for 2008 by end of 2008. In other words, if you end up owing 40000 this year, make sure you have paid at least 36000 by end of this year.
You can find more info at:
http://www.fairmark.com/estimate/whomust.htm
http://finance.yahoo.com/taxes/article/101936/FAQs_on_estimated_taxes#howcalculate
I hope this information was helpful. Bear in mind, I am no expert on this, and all this info is just by reading various online sources, IRS docs etc.
Continuation..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
but in subsequent years you do need to pay estimated taxes or be subject to underpayment penalty. also, because estimated taxes are pay as you go, you do need to make payments on the payment deadlines.
for some really screwed up reason, the payment deadlines are not precisely three months apart: apr 15, jun 15, sep 15 and jan 15
the amount of estimated tax you need to have paid in order to have paid is calculated based on a worksheet that you can download from the IRS website.
But the general rule of thumb you need to follow is that you should have paid AT LEAST the previous year's taxes by this year including all withholdings and estimated tax payments. For example, if you owed $30000 in federal taxes in 2007, make sure the sum of all estimated taxes and withholdings for 2008 meets or exceeds 30000. I also think there is a rule that if your AGI was greater than 150K in the previous year, you need to pay at least 110% of prior year's tax amount. I am not sure of this one. But generally speaking, I think this rule is called safe harbor rule.
The other rule you can adopt is to ensure that you pay at least 90% tax that you will owe for 2008 by end of 2008. In other words, if you end up owing 40000 this year, make sure you have paid at least 36000 by end of this year.
You can find more info at:
http://www.fairmark.com/estimate/whomust.htm
http://finance.yahoo.com/taxes/article/101936/FAQs_on_estimated_taxes#howcalculate
I hope this information was helpful. Bear in mind, I am no expert on this, and all this info is just by reading various online sources, IRS docs etc.
Continuation..
My wife is working as an independent contractor(1099-misc) on an EAD. I am also on EAD on W2(full time employment).
We file our taxes jointly and hence instead of making advance payments/estimated tax payments quarterly, cant I just have my company withhold more money from my paycheck every month?
That would make things so much more easier..
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