sac-r-ten
04-26 11:18 AM
Sorry for your situation. Its tough for you. Guess you need to move out of country since the basis of extension (labor) is also in jeopardy. As someone said, consult a good lawyer quickly.
Good luck.
Good luck.
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nixstor
02-13 10:58 AM
i spent around 3000$ for studies, could get only 2000$ under lifetime...
is there anyway i can claim the entire 3000?
Yes, if you are married filing jointly and your combined income is less than 130,000 you can claim a tuition deduction of 4000USD. If you are above 130K but less than 160K your deduction is 2000USD. If you are around borderline for 130K, just buy a traditional IRA which reduces your AGI. Read this part of Pub 970 if you need more help
http://www.irs.gov/publications/p970/ch06.html#d0e5975
is there anyway i can claim the entire 3000?
Yes, if you are married filing jointly and your combined income is less than 130,000 you can claim a tuition deduction of 4000USD. If you are above 130K but less than 160K your deduction is 2000USD. If you are around borderline for 130K, just buy a traditional IRA which reduces your AGI. Read this part of Pub 970 if you need more help
http://www.irs.gov/publications/p970/ch06.html#d0e5975
skumar9
10-02 10:26 AM
Can you please give me ur contact details atleast ur maild id, as im also planning to go Nogales for stamping... and i need your help...
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vikramy
10-07 02:42 PM
You are in AOS status now. need to file New I9 as all said.
You can always file new H1 (Not in quota but not extension) using your approved 140. So that can be done.
Talk to your lawyer
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You can always file new H1 (Not in quota but not extension) using your approved 140. So that can be done.
Talk to your lawyer
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
more...
eager_immi
02-12 10:51 PM
it will at some point of time but not in this months bulletin or in the near future. Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
GCard_Dream
08-07 12:21 PM
If you can't decide, give him a blue dot. :confused:
initially I was mad, becasue I remembered the revised July 2007 visa bulletin that came out declaring a reversal. Since NSC is going slow, I thought that DOS has once again pulled back on the dates. Later on I realized that its a mistake by the thread owner and got pissed off, and finally all I can do is laugh on the entire brohaha. Can't decide if we should give red dots OR green dots to the thread owner
initially I was mad, becasue I remembered the revised July 2007 visa bulletin that came out declaring a reversal. Since NSC is going slow, I thought that DOS has once again pulled back on the dates. Later on I realized that its a mistake by the thread owner and got pissed off, and finally all I can do is laugh on the entire brohaha. Can't decide if we should give red dots OR green dots to the thread owner
more...
SGP
12-09 02:25 PM
I don't know who is worse the democrats or the republicans ...
I am sorry to say but, they are all the same. Choose which do you want to go with "Devil" OR "Deep Sea". Marna to tumhe hai hi :(
I am sorry to say but, they are all the same. Choose which do you want to go with "Devil" OR "Deep Sea". Marna to tumhe hai hi :(
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shana04
02-15 02:24 PM
If you have completed your 180 days with your 'parent' company.. then you are safe!
It's safer to get H1 transfer as mentioned by seltzer above
Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!
I'm going through that process right now!
Even though it cost you, I would prefer to keep one's own attorney.
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
It's safer to get H1 transfer as mentioned by seltzer above
Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!
I'm going through that process right now!
Even though it cost you, I would prefer to keep one's own attorney.
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
more...
raysaikat
07-17 02:17 PM
A federal judge has ordered USCIS to pay attorney Kip Evan Steinberg $25,000 in legal fees after the lawyer's client sued the agency to force it to complete processing in an adjustment of status green card case. USCIS tried to point the finger at the FBI for delays in the name check process, but the judge wasn't buying. The judge found the 151 hours the lawyer put in to the case to be reasonable. So 151 attorney hours were wasted, an individual waited years unnecessarily and America's taxpayers are out $25,000.
- From Greg Siskind blog
Isn't $165/hour a steep rate?
- From Greg Siskind blog
Isn't $165/hour a steep rate?
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hibworker
11-04 11:02 AM
You will not know until I-140 is filed as the preference category is requested on I-140 and not on the PERM.
Hi,
My labor was approved recently but i am not sure wheather it is approved under eb2 or eb3.Attorney is trying to keep me in dark and saying every time you have to contact to your employer only we will not provide the details.My employer is saying your is eb2 in oral only,but when i am trying to ask him in email he is calling to me and saying your's category is eb2 only.Can you guys help me out how to find it out my category is eb2 or eb3,and he send me a pdf document,it is saying
the department of labor has made a determination on your application for permanent employment certification(ETA form 9089) pursuant 20 CFR �656.24 and as required by the immigration and nationality act,as amended.
Form ETA 9089 has been certified and is enslosed.This certification must be attached to the I-140 petition and filed with the appropriate office of the united states citizenship and immigration services(USCIS).
Can some one please help me to find my case is wheather it is EB2 or EB3?
Thanks in Advance.
Hi,
My labor was approved recently but i am not sure wheather it is approved under eb2 or eb3.Attorney is trying to keep me in dark and saying every time you have to contact to your employer only we will not provide the details.My employer is saying your is eb2 in oral only,but when i am trying to ask him in email he is calling to me and saying your's category is eb2 only.Can you guys help me out how to find it out my category is eb2 or eb3,and he send me a pdf document,it is saying
the department of labor has made a determination on your application for permanent employment certification(ETA form 9089) pursuant 20 CFR �656.24 and as required by the immigration and nationality act,as amended.
Form ETA 9089 has been certified and is enslosed.This certification must be attached to the I-140 petition and filed with the appropriate office of the united states citizenship and immigration services(USCIS).
Can some one please help me to find my case is wheather it is EB2 or EB3?
Thanks in Advance.
more...
desi3933
03-24 08:50 AM
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing something here.
If one has I-797 notice without new I-94, he/she should get new H1 visa stamp.
___________________
Not a legal advice.
am I missing something here.
If one has I-797 notice without new I-94, he/she should get new H1 visa stamp.
___________________
Not a legal advice.
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akhilmahajan
06-22 08:24 AM
I-485 can be rejected if filed with incomplete initial evidence.
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............
Folks, it is the time for us to be more careful than even to make sure that our lawyer files I-485 correctly. With there mistake, we can really get screwed up. All they can say one word �Sorry�.
It happened to me while filing for H-1 extension, I got only one year extension, based on Labor pending whereas my I-140 was approved at that time, they refilled at no cost to me with 3 year extension.
Here in I-485, refilling will not be possible, since by the time we get the receipt notice, the date might have moved back already.
I have not yet received the originals supporting my BC.............. is it a problem............ everything else i have but still waiting for the affidavits............. can you please elaborate on this............
more...
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iviviv
11-01 09:33 PM
Contact www.murthy.com
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TomPlate
12-03 12:27 PM
After an 2 years assume the project that I worked is closed. Initially the greencard was filed related to a requirement in the project. I got approved after 3 years. Since the project is closed, I cannot work on the project that was initially filed on Green card.
Now Explain me what we should do?
Now Explain me what we should do?
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rayoflight
05-05 04:07 PM
Wow that's a relief. I know you might have already done so just confirm the date until when the I-94 is issued and make a copy just in case.
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mp70
07-19 03:51 AM
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
more...
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nozerd
02-02 12:55 PM
You have to apply at HRDC office in the city nearest to where you land. HRDC is Human Resources Development Canada and they issue SIN CARDS. Google it.
Just make note that they are not open on Weekend. You can only apply for SIN on weekday.
Just make note that they are not open on Weekend. You can only apply for SIN on weekday.
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hebron
06-22 01:39 PM
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
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Sreenuuk
08-07 09:30 AM
Admins Please delete the thread.
BharatPremi
12-07 10:10 AM
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
Yes, USCIS is a Jungle and not sweet
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
Yes, USCIS is a Jungle and not sweet
OLDMONK
06-16 08:19 PM
I am in similar situation in regards to my wifes H1B and EAD situation. Following is my understanding but could be wrong. there are gurus in this forum who have been digging rules for years and would certainly point out any indiscrepancies in my reply. Make sure you keep reading the thread for a couple of days.
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
>>>WAS your COS (Change of status) applied while filing for H1B ?
What will be my status untill Oct 1st from the day my H1 is approved?
>>>You will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
>>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
>>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
>>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
>>>No idea.
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
>>>WAS your COS (Change of status) applied while filing for H1B ?
What will be my status untill Oct 1st from the day my H1 is approved?
>>>You will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
>>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
>>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
>>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
>>>No idea.
