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skark

02-24 02:35 PM

I thought someone here said that if your spouse got a new SSN via EAD and files tax jointly with this new SSN then one cannot efile and needs to paper file it. It appears that TaxCut is allowing one to eFile in this circumstance. Anyone else done it?

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new_horizon

05-26 08:45 PM

I had an error message in the past few days. But when I tried it today, and I was able to schedule an appointment. There are dates available from June 1-12 (week days).

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04-14 04:12 PM

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2011 May 21 Judgment Day, Doomsday

Is the Judgement Day on May 21

guyfromsg

09-09 10:19 PM

I'm posting this question here since many of the GA members are scheduled to meet the law makers on Tuesday afternoon. Is there a dress code for the meeting i.e. formal suit, shirt and Tie or IV Tshirt is ok?

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May. May 21 Judgment Day

GCard_Dream

01-14 09:30 PM

No they can't. Congress needs to pass a law. This topic has been covered here in detail before. Try doing a search, if interested.

does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?

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Scythe

11-21 04:49 PM

You posted that at 2:42 AM, so technically it was already Saturday.

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May-21-Judgement-Day

webm

04-08 11:54 AM

webm: what is the status of your application ( 485), is your NC, SC or fingurprints all clear. Did you speak to any IO about any update on your case as your PD is current ( 01 Oct).

No i didn't speak to any IO..but FP cleared means the one we go for fingure printing isn't it??

My PD is not current yet..just missed with one day lag..

Cutoff date Oct'01 means they can/will only process apps whose PD's falls On/before Sep31st..

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2010 world will end on May 21,

The day is here, Judgement Day

thepaew

11-09 03:37 PM

Bump

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May 21, 2011 is Judgment Day!

thamizhan

07-17 10:17 PM

CHEERS TO AILA, AILF AND IMMIGRATION VOICE
Aside from Representative Lofgren, thanks are also due to the American Immigration Lawyers Association, the American Immigration Law Foundation and Immigration Voice. AILA as usual worked behind the scenes to try and push USCIS to reverse course while it's sister organization AILF quickly assembled a large number of plaintiffs for a major class action law suit. With the threat of a lawsuit of a massive lawsuit, USCIS felt the heat needed to motivate them and the fact that the suit was about to be filed surely contributed to USCIS' quick reversal of course. AILF is playing an increasingly vital role in the pro-immigration community giving us the ability to stand up for immigrants in the courts - often the only place many problems can be resolved.

Finally, a new voice - Immigration Voice - emerged to do what has never been effectively done in the past - organize the grassroots employment immigrant community. IV's Flower Campaign and its San Jose protest were firsts and garnered the attention of the nation's media and managed to humanize what for many was a dry technical issue. IV was also extremely effective at conveying news to its members and to the entire pro-immigration community (including this lawyer) and know IV will now be a critical part of future advocacy efforts. I'm looking forward to seeing the organization grow in size and influence.

Just a few days back I was decrying how the anti-immigration community was able to whip the pro-immigration community in the CIR bill because of their ability to mobilize their grassroots supporters. Now you can see how our side - which, after all, represents the views of most Americans - can win the same way.

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99mutd08

08-11 03:11 PM

Ghost,

Loved the video and your message.

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ramaonline

09-24 07:07 PM

uscis may come out with a rule that would exclude h4 time from h1 time. As of now, the rule has not published which means ur h1 time includes time spent in h4 status. please check with ur attorney about the expected publication of the
rule.

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glus

09-24 09:11 AM

My Wife is on AOS (as a dependent with me as primary). She has recently applied for admission into Graduate School. Since she does not have her green card yet, she was being considered as an international application and was requested to submit her "visa documents". We sent in her I-485 Application, EAD and AP documents. Apparently, the school did not have these in their list of acceptable "documents for admission". The school insisted that we need to apply for my wife's F-1 and provide proof of financial support.

I was trying to convince the Director of Intl Affairs that my wife is in the country legally and while on AOS, she can attend school and work for any employer.

The school now comes back saying that they understand being able to work, but they are now asking if there is any law that explicitly states that an AOS applicant can go to school.

Could you please help?? Is there such a law? I personally went through F-1 to H1 to AOS myself and understand each of these statuses, but am looking for a way to convince that AOS can attend school while in the USA.

It's really frustrating to get denied because one is on AOS even though one qualifies for admission. Really alarming to see that not many out side the immigration community understand US visa laws.


I would really appreciate your help!

Hi,

I had the same problem some time ago. I wanted to go to school while my AOS was pending, but the school started making troubles due to this. My attorney wrote up a letter. In the letter she stated, "There is nothing in the U.S. Immigration Law (INA), that prohibits one to attend school while the Adjustment of Status of such a person is pending. INA does not require a person in Adjustment of Status to obtain form I-20" After that, the school just accepted me w/o form I-20. It was a private school so tuition was same as for others.

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Judgment Day: May 21, 2011?

SGP

03-25 03:48 PM

Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
________________________________
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?

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anilsal

10-30 04:31 PM

I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.

One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....

That even applies to discussion on IV. If law makers have a look at the IV forums (after they have been appraised of the existence of IV) and see lots of posts that lack basic grammatical skills and in urgent need of spell checks, then you know, what goes on in their mind(s).

Simple spelling mistakes are fine, but if a post needs spell checks a lot, either the person who posted does not care or needs a good spellchecker.

Good that you brought this issue up. Are we not talking of Skilled Immigration? If yes, then let us all do some homework (run a spell checker, to make sure things are going to appear nice for readers).

Sorry if I appear rude. We are in this fight together and we need to come out successful :)

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Eveready

07-10 09:37 PM

Well i just sent a message to my lawyer and this is the reply i received.

"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

Pls comment:)

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Iamthejuggler

01-22 04:36 AM

Any chance of getting a descriptive sentence next to the entries? I don't think people will realise that they can use the mouse to rotate the camera in mine without one unless they luck into it.

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It is impossible for somebody

augustus

05-12 09:18 AM

Dear All,

Could you please advise, if we can port eb3 to eb2.

My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.

Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?

If yes, what should we be careful about and how should we go about it?

Sincerely,
Augustus

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looivy

05-03 08:04 PM

Hi All,

Need help to determine what should I do.

I stayed in India for a month but since my application did not clear, I entered USA on AP because my boss was getting mad that I had to extend my vacation and I did not want to risk losing my job.

Mumbai consulate has now sent me an email saying that admin processing has been completed (after more than 60 days ) and are asking me to submit my passport. BTW, the DOS in DC still says my app is pending admin processing.

I am in USA now as a parolee. Should I go ahead and send my passport to India and get it stamped and have it sent back to USA through a friend.

Please advise.

Thanks.

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gceverywhere

06-10 12:53 PM

Ok..So now that I have your attention, I can say how I feel about our top priority right now.

Most IV members can see the current action item about calling 6 representatives on the home page at the top. If you are someone who has already made the phone calls then you have my respect and admiration.

For the rest of you, here is the link
http://immigrationvoice.org/forum/showthread.php?t=19387

I think a lot of people come to IV to find a pleasant surprise waiting for them but close it when they don't see any good news. They also browse around a bit to see what others are talking about and also get in discussions/arguments when they have some time. But not a lot of people actually spend time to read action items and follow what the core team is asking them to do. I'm not sure what the reasons are. May be people are afraid that calling someone in Washington will get them on some list. May be they don't like to be told what to do. May be this may be that.. I don't know.

But if you are someone who hasn't joined IV in any of its various efforts to bring attention to our issues then I'm not sure if you do anything good for yourselves. I'm not saying that I have participated in every single campaign. But I have tried my best to do something. When will you do something for yourselves? Do you realize that if you don't act now, it will be TOO late to act? Do you realize IV is all of us? If we don't act, IV remains ineffective. So Act now or wait forever. It only takes 10 minutes to call all the numbers and they don't even ask for your name in most cases.

I just checked the tracker and only saw 41 people who have called all the numbers. I don't get it. What is wrong with the rest of you?

I also want to say that you owe it to IV after everything IV has done for you. (e.g Rally +Funding drive+many many campaigns).

IV has united us. Now lets show the strength of our unity.


Disclaimer: I'm not a core team member. I'm neither a state chapter leader nor one of the truely active IV members. I'm just an ordinary person like most of you but I think I finally GET IT. Nothing will happen unless I do my part. Now how about clicking that link above and making a few phone calls. Trust me, you will feel good about yourself after you do it. And please update the poll after you have completed your calls.

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gsiskind

05-11 09:55 AM

HI
I am planning to file a for a fresh EAD or new EAD.
I had filed 485 on 08/06/2007.

Now I have the following questions:

1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
"If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
Does that mean I donot have to pay any fee to USICS for EAD application?

2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
On the I-765Instr document it says
"You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
Which document I should provide as per the above statement?

3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

Thanks in advance.

With respect to your first question, anyone filing since the 2007 rules change you note would only pay a single I-485 filing fee which now has the EAD and advanced parole fees built in. Basically, you're paying for the EAD whether you actually apply for it or not.

As for your second question, you should be supplying that documentation with your I-485. If you're filing separately, then note the instruction giving you a choice. One document should not be better than another.

As for processing times, generally estimate 60 to 90 days on employment cards.

Regards,

Greg Siskind

Gregory Siskind, Attorney at Law
Siskind Susser - Immigration Lawyers
Telephone: 800-748-3819 or 901-682-6455
Fax: 800-684-1267 or 901-339-9604

Email: gsiskind@visalaw.com
Web: www.visalaw.com

Warning: Unless you have a signed engagement letter with me, you should not consider information contained herein as legal advice and you should check with your own counsel before relying on this message.

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tabletpc

10-17 02:14 PM

Surabhi,

Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed

Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2

Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.

Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.

Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.


If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.

If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21

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