haider420
06-12 07:53 AM
PLEASE HELP ME OUT!!!!
i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
-my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
-how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
-if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??
i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
-my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
-how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
-if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??
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pappu
04-16 10:46 AM
Admins,
Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.
I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.
We get a lot of people with Alabama as the state. This is because it is the first state in the dropdown. People do not even bother to put their correct state when they create a free membership account. If we do not get correct email address we cannot communicate with you via emails. We also need your name and phone number so that we can call you. There have been times, when core team has called members to tell them about something important. We will sometimes point out on the forum if any poster has not given us full information. It may cause embarresment to some members who are frequently posting on the forums annonymously.
Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.
I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.
We get a lot of people with Alabama as the state. This is because it is the first state in the dropdown. People do not even bother to put their correct state when they create a free membership account. If we do not get correct email address we cannot communicate with you via emails. We also need your name and phone number so that we can call you. There have been times, when core team has called members to tell them about something important. We will sometimes point out on the forum if any poster has not given us full information. It may cause embarresment to some members who are frequently posting on the forums annonymously.
needhelp!
03-24 12:43 PM
Call them at: 1-800-433-8850
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kondur_007
03-16 01:13 PM
can someone please give me some advices about this situation?
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
Nothing changed in 2007, and I didn't leave US at all.
Then in June 2008, my visa status changed to H1B (and H4 for spouse).
I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)
My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.
You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
Good Luck.
more...
aamchimumbai
09-04 11:46 AM
That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.
This is my understanding....
My main question is:
Comparing two forms there are 4 additional tests recently added in the new I693 form. I needed to know if I can file my I-485 without any issues with the medical completed in May'08 or need to fill out the new form again with new set of medical exams?
I am trying to understand if USCIS will send an RFE because my I693 (may'08) form does not have these 4 additional tests.
This is my understanding....
My main question is:
Comparing two forms there are 4 additional tests recently added in the new I693 form. I needed to know if I can file my I-485 without any issues with the medical completed in May'08 or need to fill out the new form again with new set of medical exams?
I am trying to understand if USCIS will send an RFE because my I693 (may'08) form does not have these 4 additional tests.
clif
06-15 06:00 AM
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both? If I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
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Becks
02-23 09:45 PM
I think once the application is processed, they will mark the case as "pending visa number availability". July 30 means, they must have processed(hopefully) half of the July fiasco filers. We can expect LUDs on the cases.
If PD is not current, will USCIS process your I-485 application?
NSC indicates that they are processing I-485 applications with notice date of July 30, 3007. Does it mean they have processed all the I-485 applications received (ND) prior to that date even if PD was not current for all those applications?
If PD is not current, will USCIS process your I-485 application?
NSC indicates that they are processing I-485 applications with notice date of July 30, 3007. Does it mean they have processed all the I-485 applications received (ND) prior to that date even if PD was not current for all those applications?
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h1techSlave
09-22 09:22 PM
Companies like Microsoft are indeed greedy. But Microsoft shareholders like me and many others in this forum are saints.
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
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cjain
11-13 09:32 AM
Tom,
This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:
- I-140 should've been "approvable when filed"
- New job should be in same/similar field
Read the Aytes Memo (google: aytes memo) for more clarification.
and stop spreading lies
The AC21 can be used only if the following 2 conditions are met:
a. I140 is approved.
b. 180 days after the receipt date of I1485.
One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.
If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.
This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:
- I-140 should've been "approvable when filed"
- New job should be in same/similar field
Read the Aytes Memo (google: aytes memo) for more clarification.
and stop spreading lies
The AC21 can be used only if the following 2 conditions are met:
a. I140 is approved.
b. 180 days after the receipt date of I1485.
One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.
If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.
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chanduv23
02-18 09:25 AM
http://www.littleindia.com/news/156/ARTICLE/2040/2008-02-04.html
I was quite disappointed to see so much space devoted Senator Barack Obama in "Power Politics" (January 2008). In particular, I was upset at the "feel good" nonsense spouted, like Bushisms, by one supporter: "I have looked him straight in the eye and I can tell you first hand that the man believes in what he says."
My daughter, a Democrat activist at Georgetown University also had a first hand experience with Sen. Obama when he gave a speech there last year. After the speech he was approached by my Indian daughter and an Anglo-Saxon friend for a handshake, a few words and a photo op. Sen. Obama was brusque, rude and stated that he was too busy for a picture with them. A few steps later he was stopped by an African American woman, who made the identical request. Without hesitation he spoke to her for a few minutes and posed for a photograph, all within feet of my daughter and her friend.
I have tried to contact the senator's staff by phone and e-mail to communicate the disappointment of the two young girls, but have had no response.
My daughter and I will certainly vote for the person his staff tried to insult as the "Senator from Punjab," Sen. Hillary Clinton, and pray that in the final analysis others, young and old, will value the experience and proven loyalty to Indians of the Clintons. I hope I won't be forced to make a choice between Sen. Obama and Sen. John McCain.
Jan Vyas, Via eMail
I was quite disappointed to see so much space devoted Senator Barack Obama in "Power Politics" (January 2008). In particular, I was upset at the "feel good" nonsense spouted, like Bushisms, by one supporter: "I have looked him straight in the eye and I can tell you first hand that the man believes in what he says."
My daughter, a Democrat activist at Georgetown University also had a first hand experience with Sen. Obama when he gave a speech there last year. After the speech he was approached by my Indian daughter and an Anglo-Saxon friend for a handshake, a few words and a photo op. Sen. Obama was brusque, rude and stated that he was too busy for a picture with them. A few steps later he was stopped by an African American woman, who made the identical request. Without hesitation he spoke to her for a few minutes and posed for a photograph, all within feet of my daughter and her friend.
I have tried to contact the senator's staff by phone and e-mail to communicate the disappointment of the two young girls, but have had no response.
My daughter and I will certainly vote for the person his staff tried to insult as the "Senator from Punjab," Sen. Hillary Clinton, and pray that in the final analysis others, young and old, will value the experience and proven loyalty to Indians of the Clintons. I hope I won't be forced to make a choice between Sen. Obama and Sen. John McCain.
Jan Vyas, Via eMail
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truthinspector
02-20 08:50 PM
I agree.
This database could be used to find out the percentage of successful labor applications filed on behalf of a particular organization.
However, I hope they are not using Microsoft Access for their actual system. If that is the infrastructure they have then we already have answers for the long GC wait ;-)
This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!
This database could be used to find out the percentage of successful labor applications filed on behalf of a particular organization.
However, I hope they are not using Microsoft Access for their actual system. If that is the infrastructure they have then we already have answers for the long GC wait ;-)
This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!
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TeddyKoochu
05-19 03:09 PM
I am not aginst the OP or generalizing the B1 abuse. I am stating my opinion of what could be the reason behind the denial. You know, now a days even people are getting 221g for the H4 stamping. It does not matter what visa you are going for, the US consulates just looking for a execuse to reject. Not only in India, there are lot of people getting 221g in Canada, and got stuck up there.
I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).
I agree with you that these days it is really hard to get any kind of visa the inherent intent is to deny. I also happen to know of acase first hand where H4 was denied (E-E Memo).
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kondur_007
10-30 04:06 PM
In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
Thank you very much for sharing this information, this is a very good point; I never thought about it.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
Thank you very much for sharing this information, this is a very good point; I never thought about it.
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sapota
03-17 03:02 PM
That is so not true. Even though Dallas was faster than Philly, it only cleared labor for 2003 and earlier filers in 2005. Essentially Dallas mostly cleared only those cases in 2005 which were stuck at regional and not state level. My labor was cleared in late 2006.
I know cos I am one such unfortunate case.
I know cos I am one such unfortunate case.
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fittan
03-16 06:27 PM
GCPagla,
Job title doesn't have to be the same. The requirement is "same or similar" job. I am in the IT networking...network admin, system admin, network engineer, system engineer, IT consultant, network consultant are all the same. The key is that the job description is similar...there are no guidelines basically its all common sense. For you to go from programmer analyst to development is perfectly ok.
I've not done AC21 before. But if I do, here's what I'll do...Compare your labor description with the new job requirements. They should be similar. Prepare a AC21 letter that list the common and general requirements and send it to the USCIS. They are no official forms and some people even say that this letter is not necessary. However, I think it is important to cover your behind. Make sure this letter is certified, registered so that if anything happens you can prove that you did inform them and ported your I-140 to the new company.
Fittan
Job title doesn't have to be the same. The requirement is "same or similar" job. I am in the IT networking...network admin, system admin, network engineer, system engineer, IT consultant, network consultant are all the same. The key is that the job description is similar...there are no guidelines basically its all common sense. For you to go from programmer analyst to development is perfectly ok.
I've not done AC21 before. But if I do, here's what I'll do...Compare your labor description with the new job requirements. They should be similar. Prepare a AC21 letter that list the common and general requirements and send it to the USCIS. They are no official forms and some people even say that this letter is not necessary. However, I think it is important to cover your behind. Make sure this letter is certified, registered so that if anything happens you can prove that you did inform them and ported your I-140 to the new company.
Fittan
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astral1977
07-09 11:21 AM
smartboy75,
I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.
AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.
If in doubt kindly read through the text that you pasted in your message.
Thanks.
Source www.immigration-law.com
07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008
USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.
So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???
I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.
AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.
If in doubt kindly read through the text that you pasted in your message.
Thanks.
Source www.immigration-law.com
07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008
USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.
So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???
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BumbleBee
08-23 06:03 PM
Is this category seen as one or is it split into many countries and if so how do you find out about a particular country within ROW?
Thanks
Its one single category(ROW). Otherwise the number won't add up
100/7 = ~15 countries :eek: , and there are well beyond 15 countries in the world(193 countries). I guess they will create a separate country category if that country runs over 7% limit set. otherwise those countries remain in ROW.
Does that sounds right?
BumbleBee
Thanks
Its one single category(ROW). Otherwise the number won't add up
100/7 = ~15 countries :eek: , and there are well beyond 15 countries in the world(193 countries). I guess they will create a separate country category if that country runs over 7% limit set. otherwise those countries remain in ROW.
Does that sounds right?
BumbleBee
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anurakt
01-20 09:29 AM
Please join the orkut immigrationvoice group. This would be another way of reaching each other when time comes.
Also I request if you are member/owner of communities then please send message to your groups about www.immigrationvoice.org.... It can be a small message but very effective to reach wide audience.
Also I request if you are member/owner of communities then please send message to your groups about www.immigrationvoice.org.... It can be a small message but very effective to reach wide audience.
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g03
05-16 10:29 AM
John Kyl from Arizona wants to put an amendment to make "current legals ineligible for this benefit for this if they go out of status from now on".
paskal
12-19 04:55 PM
midwest folks- where are you
please post your availability
the more the merrier....
please post your availability
the more the merrier....
kumarc123
11-06 03:34 PM
with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
However there is a silver lining:
You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.
Hi there,
I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
Please advise.
I thank all IV members for their support and help.
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