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Friday, July 1, 2011

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  • amsgc
    05-05 12:41 PM
    AFAIK, everybody needs to fill out form I-9.

    See here (http://www.uscis.gov/files/form/I-9.pdf).



    I'm going to use EAD under 1099 as an independent contractor, My employer asked me to fill only w-9 form when i joined the company.

    My employer doesnt know whether i should fill I-9 form (employment verification eligibility) or not?

    Anybody have such experiences to share?





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  • jvs
    03-09 08:37 PM
    "i need to adjust my status, its needed in the i-485 application"

    Only last I-94 is needed in the I-485 application. In my application I just had one. Here is the link to I485 form from USCIS http://www.uscis.gov/files/form/i-485.pdf





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  • bindas74
    05-20 10:18 PM
    I have a question about the Aytes memo - it says that if the name check has been pending for more than 180 days, then the 485 will be adjudicated. My question is when does the 180 day clock start? Is it on the day that the 485 application was received by the service center (going by the receipt date on the 485 notice)? Or is it the day when your PD and processing dates both become current?

    Thanks,
    Kunal


    Neither I think( i might be wrong though ). I think the 180 days is from the day USCIS submits your case to name check.





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  • pappu
    08-22 02:26 PM
    Tikka will be interviewed. Thanks Tikka for helping us despite being busy at work when nobody else came forward.



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  • waiting_4_gc
    01-28 05:58 PM
    I received my Original approved I-140 from Attorney.





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  • CRAZYMONK
    12-14 10:17 AM
    Jagadeesh,

    Which state you are in? In some states non-compete is not valid.



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  • tail-of-Q
    08-24 12:56 PM
    if you get fellowship, you dont have to work. TA/RA has to work, which needs authorization. Just for taking classes should be ok...disclaimer applies :)





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  • Munshi75
    04-09 06:56 PM
    Even if you are doing it with good intention, i guess is true, have you thought of paying royalty for using IV as a platform .Any takers!!!



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  • GCLONGWAIT
    09-29 03:54 PM
    A background on my case. I have a valid H-1, stamped on my passport. Also, I have my GC in process for 4.5 yrs. My husband was on pending I-485 & working on EAD. In may 2010, my pending I-140 was denied and then appealed. And following that, both mine & my husband's I-485 was denied after 2 months. Our lawyer did file MTR within 30 days of I-485 denial and its still pending:

    Questions:
    1) Can my husband apply for H-4 by being within USA or he has to leave the country?
    2) Also, since he is not on any non-immigrant status, does the accrual of 180 days of illegal stay apply to him?
    3) If it does apply, what are the chances of him getting the H-4 approved if he applies from Canada or home country?
    4) & If he leaves the country, is he abondoning the pending MTR of I-485 which would lead him be out of the GC process completely?


    Any expert input & feedback on my queries will help me to figure out my scenario. I have consulted couple of lawyers on my case, but all of us has mixed feedback which is making it very tough to get the right answer & make the right decision. I am in complete messy situation right now.

    Also, if somebody gone thru or going through the similar situation pls. let me know what was the result on your case. Ur help is highly appreciated





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  • lghtslpr
    02-03 12:27 PM
    We are going to demand TRANSPARENCY in addition to efficiency for BECs. Its a part of Immigration voice's agenda.

    Is there ANY mechanism right now for applicants or their attorneys to find out what's going on with their PERM application? Is there a phone number you can call or an email address you can write to? It seems that at a minimum the processing centers should issue a monthly report on the progress and issues encountered.



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  • gevgelija50
    11-01 10:26 AM
    I am currently awaiting approval for my I-485. My priority date is August 2006 and I completed fingerprinting on Oct. 29th.

    I understand the process of allocating green cards based on employment-based category and queuing based on the labor/priority date.

    My question is regarding COUNTRY LIMITS. What role do these limits play in the approval process? To be more specific, if the applicant is from a country that has a very low number of GC requests, does the fulfillment of the country limit take precedence over the priority date/EB category or does it succeed the latter?

    Please help....Thank you





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  • dickens
    09-10 08:54 AM
    Hello,

    Here is my situation - I have filed my I140 and I485 through company A and still waiting on a receipt number for the I485 (filed on July 2007). I have gotten a new job offer with company B. My questions -

    1) If I were to transfer my H1B to company B, what would happen to the GC process that I initiated with company A?

    2) Also, is it possible to revoke the GC application? If yes, are the filing fees refunded?

    Thanks for any advise.



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  • kewlchap
    03-16 10:13 PM
    Folks,

    If an employer withdraws an approved I-140, is it enough to show a future offer of employment letter to keep your 485 alive?

    My particular case: I have an approved I-140, with pending 485 (EAD/AP approved) (6 months have elapsed). I want to quit my job and go back to school this August, but want to keep 485 alive (primarily because my 6 years on H1 are up). I can easily get a letter from an employer saying that they will employ me once my GC is approved (and I can join them when GC comes through). However, my current employer says that they will withdraw 140 (routine procedure).

    Questions:
    1. Can I study on EAD/parolee status?
    2. Do I need to inform USCIS of invoking AC21 since my employer will withdraw my 140?
    3. Can I claim that I am waiting for my GC to be approved to join my future employer, and in the mean time, I am studying full time to improve my skills?
    4. Should I try to maintain my H1 status during school (by working part time etc.)?
    5. Does my future employer need to file an I140?
    6. What should I ask my current employer to provide? Eg: copy of 140, Employment verification letter etc.

    Please provide your insights. There might have been previous discussions on this topic. If so, please point me to them and my apologies in advance for re-posting.

    Will appreciate any suggestions / comments. I am stuck with the dilemma of continuing to work or going back to school.

    Thanks,
    -k

    ---------------
    EB2, India, PD May 2004, Primary filer.





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  • tanyas_21
    11-26 12:31 AM
    Hi :
    I had applied for H1 when from india apil 2007, and in may 2007 i entered US on H4. My h1 got approved in aug 2007 asking me to get the stamping done from india. My consultant applied for H1 amendment on sep 21 2007. Its 8 weeks now, still not got any reply from INS.

    1. I would like to know,how long does it generally take for h1 B amendment process.

    2. Since the amendment is taking a long, can i go to mexico and re-enter

    Regards,
    Tanya



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  • fasterthanlight�
    05-16 09:19 PM
    As do i, font is a tad blurry though....





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  • bowbow
    08-12 10:54 AM
    I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?

    thanks



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  • sanher
    10-19 10:38 AM
    If you can wait would be good. You won't believe my parents visa was rejected cause there was no visa stamp on my passport. So its all depend on visa officer how educated they are.
    Delhi consulate specially now a days following every rule + undefined rules. Good Luck





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  • jewelhaque
    10-26 07:48 AM
    She could join from the day when the papers for transfer was mailed, this is as per AC21 law. She does not need to wait to receive the receipt from USCIS.

    my wife is moving to another employer. they filed her h1b transfer 2 weeks back. does anyone have an estimate on when she should get here receipt???





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  • H1bslave
    04-07 03:27 PM
    but this serge in processing more Citizenship cases will indirectly slow down 485 approvals due to lack of staff and may result in wastage of visas again for FY 2008.

    I think this memo is about NATURALIZATION - so yes it's about Citizenship, not for GCs or I-485s.





    belmontboy
    09-30 08:32 PM
    Hi,

    I have been in US for last 2 years on L1 B and my L1 expires in Dec 09.I My company has already applied for renewal. I wanted to know is it possible to file Green Card, once my petition is renewed, on my own even if employer is not interested in doing it. I am ready to pay my expenses and get it filed. Just wanted to know if it is possible. I have been with my employer for 4 years.

    Regards,
    AD

    All Employment Based green cards must be filed/sponsored by an employer.
    You cannot file by yourself.





    Beemar
    08-30 09:44 PM
    IRS is very clear on this. SSN+ITIN couple filing jointly, no rebate for either of them. See this link http://www.irs.gov/newsroom/article/0,,id=179211,00.html

    However, you should apply for an SSN for your wife ASAP. You may retroactively get this 2007 rebate when you file 2008 taxes.

    Using your wife's SSN for tax purposes will not impact her legal status in any way.


    Is it true that H4 spouse, who do not have SSN are not eligible for tax rebate if while filing a joint tax return for 2007 ITIN is used for spouse.

    It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.

    My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.

    Also will SSN affect her H4 status if EAD is not used?

    What do you guys think?



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