kevin08
03-19 07:36 PM
Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.
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vgghanta
05-24 10:01 AM
I am a Pharmacist. Changed the employer oct 2006. Had my perm filed thru previous employer and also I-140 approved thru previous employer in Aug 2006. My new employer has initiated the process for PERM. What will happen to my case? Will I be under old system or will I go under merit based system.
If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.
Someone please advise. I guess I have to repent for changing the employer.
If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.
Someone please advise. I guess I have to repent for changing the employer.

bigboy007
10-11 05:01 PM
Thanks for replying... Appreciate it ....
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.
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Better_Days
06-10 06:10 PM
www.immigration-law is reporting that PP for I-140 will be re-instated when approval is needed for H1 extension and less than 60 days are left 'till H1 expiration.
A small step in the right direction.
A small step in the right direction.
more...

anishNewbie
09-11 11:38 AM
@vsuri , @prasadn, @eb2_mumbai
Thanks guys for sharing your exp.. this is what i was talking about.. it gives me some confidence starting my GC...Any1 out there please share your experience on EB2 filed as MS + 0
Could you guys tell me that ur advertisement/job requirements -- had any alternate education in it..like BS +5 as per the norm..
If yes, then it would be gr8.. if u can have a look at ur LC/9089 form and let us all EB2 aspirants know that..what did you specify in your H section..at 4(as min requirements-- MS or BS +5) and what as alternate requirements(8-A,C)
Did any of you guys, or any1 here had to prove Business Necessity when they filed EB2..
Thank uuuuuu.....:D (P.S. looks like we are going to beat NZ todayy)
Thanks guys for sharing your exp.. this is what i was talking about.. it gives me some confidence starting my GC...Any1 out there please share your experience on EB2 filed as MS + 0
Could you guys tell me that ur advertisement/job requirements -- had any alternate education in it..like BS +5 as per the norm..
If yes, then it would be gr8.. if u can have a look at ur LC/9089 form and let us all EB2 aspirants know that..what did you specify in your H section..at 4(as min requirements-- MS or BS +5) and what as alternate requirements(8-A,C)
Did any of you guys, or any1 here had to prove Business Necessity when they filed EB2..
Thank uuuuuu.....:D (P.S. looks like we are going to beat NZ todayy)

parablergh
08-27 02:26 PM
While it is usually best to have your company (or legal representative) communicate directly with USCIS, it is possible to contact them directly to determine if your petition has been received. You will need to know which office the petition was filed at (based on the location of the employment it should have been CSC or VSC) and the date of filing.
After you provide some personal information, you may be able to receive your receipt number verbally.
Unfortunately this has worked in some instances, but not in others - so good luck.
If this does not work, your company should be able to confirm if the checks were cashed. If so, your receipt number should be stamped on the back of the checks.
After you provide some personal information, you may be able to receive your receipt number verbally.
Unfortunately this has worked in some instances, but not in others - so good luck.
If this does not work, your company should be able to confirm if the checks were cashed. If so, your receipt number should be stamped on the back of the checks.
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psam
11-02 12:05 PM
I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
--Parag
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
--Parag
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fide_champ
03-28 05:59 PM
Based on the information, it seems like the consulate is not convinced about the employment or the client letter was not sufficient to prove the employment. You might have to seek help from lawyer sheela murthy to find out what the US consular is looking for in a client letter.
I wouldn't suggest a visitor visa as it might signal other intentions. They probably are aware that you can apply change of status(I-539) from B2 to H4. Consult lawyer murthy and try the H4 once again.
I wouldn't suggest a visitor visa as it might signal other intentions. They probably are aware that you can apply change of status(I-539) from B2 to H4. Consult lawyer murthy and try the H4 once again.
more...

swamy
12-13 02:58 PM
Relax guys dont gang up like that - maybe he believes in himself and will actually fight for his rights unlike many here on IV!
dyekek12 - as you can obviously see from above, there are a lot of frustrated souls out here. You are in the wrong forum to pose such q's - this place is filled with a lot of socially challenged tech grads who sit on their asses the whole day tracking bureacracies and complaining like village bellies & then do nothing about it. Your q is best answered by a college counselor or dept head. Pick a school with a good program and see what their grads are doing. Most grads will happily answer q's for you honestly. There are plenty of websites to do your research on - but approaching it as an eb3/eb2 gateway is bad. All of them are screwed up.
dyekek12 - as you can obviously see from above, there are a lot of frustrated souls out here. You are in the wrong forum to pose such q's - this place is filled with a lot of socially challenged tech grads who sit on their asses the whole day tracking bureacracies and complaining like village bellies & then do nothing about it. Your q is best answered by a college counselor or dept head. Pick a school with a good program and see what their grads are doing. Most grads will happily answer q's for you honestly. There are plenty of websites to do your research on - but approaching it as an eb3/eb2 gateway is bad. All of them are screwed up.
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kisana
04-10 12:13 PM
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
Als one more thing "Which USCIS Office?" section which date I need to put there.
more...

anirudh74
08-08 09:19 PM
I am sorry to say , but I have not seen any results from IV as well , they seem to be in the same boat as us, wait , wait and wait more, things will take care of themselves over time, seems to be the strategy.
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jsb
01-26 09:41 AM
If I check my case online I see following
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
Yes, this is very common. See my post of 01/23/2009 above. In my case, and many others, this difference is of several months (RD is July 2,'07, but online RD is Oct 11,'07, which made me down in the list for processing sequence by 1000's of cases)
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
Yes, this is very common. See my post of 01/23/2009 above. In my case, and many others, this difference is of several months (RD is July 2,'07, but online RD is Oct 11,'07, which made me down in the list for processing sequence by 1000's of cases)
more...
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sys_manus
01-28 09:46 AM
I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
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cableching
07-18 06:14 PM
USCIS Looks at I-94 you entered on the I-485 application.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
more...
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fromnaija
12-08 04:52 PM
I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.
AP could be mailed but the applicant MUST be in the USA at the time of application.
AP could be mailed but the applicant MUST be in the USA at the time of application.
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ramaa
06-21 01:05 PM
I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.
Thanking you in advance.
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desi3933
03-27 04:07 PM
.....
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
....
Incorrect!
Read this
www.uscis.gov/files/article/C1eng.pdf
Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"
_________________
Not a legal advice.
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
....
Incorrect!
Read this
www.uscis.gov/files/article/C1eng.pdf
Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"
_________________
Not a legal advice.
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dixie
08-09 08:58 AM
NoBody will get greencard .it is a scam.
that seems a more realistic prediction :D
that seems a more realistic prediction :D
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LookingForGC
01-14 06:33 PM
Congratulation. Enjoy your freedom.
nitkad
03-20 05:07 PM
Thanks, according to your reply, it seems it will be good if I leave the company before the I140 gets revoked. Also, what happens if it gets revoked after I leave the company?
GCard_Dream
07-09 06:49 PM
Yes. We both did get the TB test done (test and X-ray) back in 2007. Even though the TB skin test came out negative, doctor didn't wait the test result and ordered the X-ray anyway.
I did take my wife for another medical today. Didn't need any vaccination but just the TB skin test, and blood test for HIV and RPE. The doctor said that the TB test does expire after a year but I am not sure if that's true. By the way, what do you mean by both TB test (skin test and X-ray)? Is X-ray mandatory?
Thanks to all for sharing their experience and knowledge.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
I did take my wife for another medical today. Didn't need any vaccination but just the TB skin test, and blood test for HIV and RPE. The doctor said that the TB test does expire after a year but I am not sure if that's true. By the way, what do you mean by both TB test (skin test and X-ray)? Is X-ray mandatory?
Thanks to all for sharing their experience and knowledge.
1) Did you both get TB tested? The rules have changed. This is the most common cause for an RFE on medical exam.
2) Is she on any medication? Sometimes this requires a certificate from the prescribing physician. No big deal
Overall, there is probably no cause to worry about this. In fact, this could mean you are close to being approved. Same thing happened to me (see my history in my sig line).
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