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04-27 11:00 AM
The antis regularly say that unathorized immigrants get a range of public benefits but don't pay any taxes. Not so. They're paying $8.4 billion a year in sales taxes and $1.2 billion in income taxes. And they don't get most public benefits. They get public schools for their kids and emergency rooms can't turn them away. That's pretty much it. In the mean time, a company that earned $14 billion in profits last year paid zero taxes.
More... (http://blogs.ilw.com/gregsiskind/2011/04/unauthorized-immigrants-paid-11-billion-in-taxes-last-year-ge-paid-non.html)
More... (http://blogs.ilw.com/gregsiskind/2011/04/unauthorized-immigrants-paid-11-billion-in-taxes-last-year-ge-paid-non.html)
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belmontboy
04-09 05:26 PM
i'll kick start this thread myself :D
i am planning to buy a house, i would appreciate if anybody can suggest some good realtors in socal?
i am planning to buy a house, i would appreciate if anybody can suggest some good realtors in socal?
karthkc
03-20 12:04 PM
RoseBall,, here is my query..Please answer
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.
If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..
My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.
If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..
My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....
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humsuplou
03-09 01:30 PM
Right, one can own but not run a business with H1-B, but can own and run with EAD.
Thanks again!!!
Thanks again!!!
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redddiv
07-16 08:57 PM
i think its possible, but i guess you will still need to get a good attorneys advice on this one.
i am no bodys agent, my advice is only what i would have done if i were in your position.
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
i am no bodys agent, my advice is only what i would have done if i were in your position.
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
indyanguy
02-01 07:32 PM
Pardon my ignorance, I am a little confused here ... For EB2, would it not suffice if the job description explicitly says it requires 5+ years or a Masters + 2 yrs ?
Yes, for EB2 that will work. Only MS+2 or Only BS+5 will also work. But the prevailing wage would be different for each one of these.
Yes, for EB2 that will work. Only MS+2 or Only BS+5 will also work. But the prevailing wage would be different for each one of these.
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dkupadhyay
11-24 11:59 AM
Thanks for your response.
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
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desi3933
07-08 11:08 AM
While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.
Thank You and best wishes
While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.
This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.
.
Thank You and best wishes
While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.
This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.
.
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h12gc
04-29 05:50 AM
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
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lostinbeta
10-20 09:33 PM
I think he is referring to your transition effects on your site.
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arnet
11-16 12:20 AM
Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
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ss1026
06-06 10:50 AM
Are these all the ppl who voted out of 10k members
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sammyb
10-05 04:28 PM
Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.
I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-
Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?
Thanks
I had the same situation when before I apply my GC my company was taken over by my current employer ... there is something called 'successor of interest' .... as I understand the new company will take over ownership of any H1/GC etc that you have with your previous employer ...
this is just my thoughts .. better you get it verified by your lawer ...
I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-
Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?
Thanks
I had the same situation when before I apply my GC my company was taken over by my current employer ... there is something called 'successor of interest' .... as I understand the new company will take over ownership of any H1/GC etc that you have with your previous employer ...
this is just my thoughts .. better you get it verified by your lawer ...
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LostInGCProcess
10-24 12:58 PM
I also have notarized passport, etc, but one of the tax consultants told me that the ITIN cannot be filed now, and when I file my 2008 returns in 2009, I need to apply for the ITIN along with the taxreturn and paperfile. Has anybody else applied ITIN before filing tax return ?
This is true...and this is what my tax guy told me and I did the same, last year..you file the ITIN along with the Tax returns...got some relief from the tax. :)
This is true...and this is what my tax guy told me and I did the same, last year..you file the ITIN along with the Tax returns...got some relief from the tax. :)
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dixie
08-16 01:54 PM
If there are any, they must have talked to some one and got it approved by now, because there is no order in approvals any way... :)
That is if they managed to locate the crate containing their application in the BEC warehouse .. :)
That is if they managed to locate the crate containing their application in the BEC warehouse .. :)
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ajp5
10-20 01:36 AM
Thx for response.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.
I understand I need a job for H1 extension, but what I am asking is if we need W2 for H1 extension. Any one?
You might need it.....you might not..When it comes to USCIS even God will not be able to predict. They might issue an RFE, might not. However, if you are with a bodyshopper and in IT I believe its common nowadays for USCIS to ask for 2 years W2s and recent paystubs to make sure you have maintained H1b Status.
6+ months without paystubs - you should be ready to explain if they ask. I empathize with your situation. Running payroll taxes for an entire year is crazy...approx 20k..not to mention "ILLEGAL". My suggestion - try and find a project asap. Do what you think needs to be done.......Dont loose sleep over something you cannot predict. Everyone needs a break and you might get yours sooner than you think. Hang on..........ATB.
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stirfries
03-21 06:16 PM
Hi Stirfries
I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!
Thanks for your response, there might be light at the end of the tunnel..!!!
I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !
In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...
Dear XXXXX -
1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.
Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.
Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)
Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!
Good Luck !!!
I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!
Thanks for your response, there might be light at the end of the tunnel..!!!
I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !
In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...
Dear XXXXX -
1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.
Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.
Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)
Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!
Good Luck !!!
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wandmaker
12-18 11:41 PM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
when: after your 140 is approved and 180 days has passed since you filed AOS.
how: by notifying USCIS that you are availing AC21, use EAD to work for new employer.
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
when: after your 140 is approved and 180 days has passed since you filed AOS.
how: by notifying USCIS that you are availing AC21, use EAD to work for new employer.
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p_kumar
12-20 02:08 PM
Hi.
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
UPDATE: she has a valid H4 Visa stamping on passport till Jan 10
Please advice
Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D
I have a question on whether Advance Parole is required for my wife to come back to the US.
She is coming back on December last week. Her H4 visa is expiring on JAN first week. she has her new H4 extension approval notice, 485 receipt notice with her. Does she need to have advance parole to come back?
(Her AP got approved after she left and I have received the docs recently. So I was wondering if I should fed-ex the docs to her).
UPDATE: she has a valid H4 Visa stamping on passport till Jan 10
Please advice
Yes you can fedex the AP to india and yes she can use it while coming back if needed. I got this from USCIS level 2 immigration officer.:D
royus77
06-29 01:37 PM
All the forms require applicants signature, Folks download the forms, complete and sign it and send with all the documents ASAP if filing through an Attorney along with the questionnaire. We used to have the same process, complete the questionnaire and then complete the forms, mail it back for signature... but now as the Legal have to file numerous petitions, they asked us to go ahead and fill all the forms and send the docs requested. they will contact back only if issues, else will file and then will notify us. Also make sure you sign all the form and also attach a G28 form signed and attach for each form, I485/765 and 131. This will save lots of time.
Just signing and sending the last page in the 485 which doesnt have much Data .you can save a lot of time. You can verify online the data entry work done by the para-leagl and you are good to go and save couple of days ..i moved to a small firm ( from a over priced attorney ) and he was quite good. My forms are ready to pickup by Fedex in the evening from Attorney's office
Just signing and sending the last page in the 485 which doesnt have much Data .you can save a lot of time. You can verify online the data entry work done by the para-leagl and you are good to go and save couple of days ..i moved to a small firm ( from a over priced attorney ) and he was quite good. My forms are ready to pickup by Fedex in the evening from Attorney's office
Lisap
08-16 05:54 PM
I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.
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