EkAurAaya
11-12 04:23 PM
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
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factoryman
06-21 05:43 PM
My thinking was : I think it is small (citation and fine); so, you can ignore it.
Thanks for reply
How can I find was it for misdemeanor or battery or felony?
Thanks for reply
How can I find was it for misdemeanor or battery or felony?
wandmaker
05-12 01:00 PM
I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.
If the company pays for GC expenses directly, then it is an expense to the company, and it will not be reported on W2 as it is not a taxable benefit. However, if you are being reimbursed for GC expenses, *some* companies report this in paycheck as non-taxable income, again you will not be paying taxes to IRS on this. It is just a record keeping.
If the company pays for GC expenses directly, then it is an expense to the company, and it will not be reported on W2 as it is not a taxable benefit. However, if you are being reimbursed for GC expenses, *some* companies report this in paycheck as non-taxable income, again you will not be paying taxes to IRS on this. It is just a record keeping.
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msyedy
02-06 12:14 PM
Hi All,
I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.
New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.
I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?
As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?
When can we expect EB2 PD of Jan 2005 to be current.
I would appreciate your responses.
Thanks
Sreedhar
Do not expect anything, no one can tell you a specific range of dates when the priority of a Labor be current. You can join the old emp and use this priority date from the current emp of Oct 2004 to the one with PD Jan 15th 2005.
The priority date is based on a person so you can carry it anywhere only after a I-140 is approved for that labor.
So -- You at the old company can have priority date of Oct 2004.
Yes you can join the old employer when you anytime, even at the time of fillinng your I-485
I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.
New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.
I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?
As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?
When can we expect EB2 PD of Jan 2005 to be current.
I would appreciate your responses.
Thanks
Sreedhar
Do not expect anything, no one can tell you a specific range of dates when the priority of a Labor be current. You can join the old emp and use this priority date from the current emp of Oct 2004 to the one with PD Jan 15th 2005.
The priority date is based on a person so you can carry it anywhere only after a I-140 is approved for that labor.
So -- You at the old company can have priority date of Oct 2004.
Yes you can join the old employer when you anytime, even at the time of fillinng your I-485
more...
kumar1
10-11 08:51 PM
You can not use interfiling across categories. You can only use interfiling between few EB categories. You are better off moving to family based quota, all you need to prove is she is your sister. Good luck.
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
pritesh80
02-06 03:44 PM
Super!! Thanks for your quick response
more...
prav27
01-20 09:45 PM
I asked my company attoreny about this.. he said that immigration petition is I-140 and as I-140 is not filed for your wife (I-485 is already filed for my wife) so I should say No there for my wife's form.
You are right , I just got the same information from my employer and the attorney that I-140 is the visa petition and not the I-485.So for H4 dependents the answer should be "NO"
You are right , I just got the same information from my employer and the attorney that I-140 is the visa petition and not the I-485.So for H4 dependents the answer should be "NO"
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eastindia
11-10 08:09 AM
There was a lawsuit to recapture green cards by Chinese immigrants many months ago. Is there any update on it? Have they lost or won?
more...
kshitijnt
04-17 07:13 PM
Hello,
I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.
1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.
Thanks,
Gaurav
Hi Gaurav-
I do not recommend getting a stamp from canada. Sometimes the Consular officer there can not ascertain her past academic record and her F1 may get rejected. I think you should file I539 to change status. That is safest. If, by chance, I539 is rejected, she can apply for F1 at US consulate in India.
I would advise that you guys travel to India one semester before she completes her studies. One of my wife's friend did that and her F1 was approved despite changing status in US from H4 to F1.
My wife is also in same situation and has F1 status after changing it from H4. She will be graduating this summer but we may travel to India as not travelling will mean she is away from her family for too long.
I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.
1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.
Thanks,
Gaurav
Hi Gaurav-
I do not recommend getting a stamp from canada. Sometimes the Consular officer there can not ascertain her past academic record and her F1 may get rejected. I think you should file I539 to change status. That is safest. If, by chance, I539 is rejected, she can apply for F1 at US consulate in India.
I would advise that you guys travel to India one semester before she completes her studies. One of my wife's friend did that and her F1 was approved despite changing status in US from H4 to F1.
My wife is also in same situation and has F1 status after changing it from H4. She will be graduating this summer but we may travel to India as not travelling will mean she is away from her family for too long.
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miffyflorence
04-03 05:23 PM
Hello all, I am so impressed to see so many supports for the immigration bill. We all wish ourselves luck. :)
I have few questions regarding the H1B visa renewal. I hope someone who can kindly answer them.
Background - I got my H1B visa in about 2003, and I got married in Oct 2005. However, I am not able to claim my husband for the H4 visa. He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
Thanks for all the great help. Let's hope each of us good luck on the petition.
I have few questions regarding the H1B visa renewal. I hope someone who can kindly answer them.
Background - I got my H1B visa in about 2003, and I got married in Oct 2005. However, I am not able to claim my husband for the H4 visa. He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
Thanks for all the great help. Let's hope each of us good luck on the petition.
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psychman
09-30 12:14 AM
Hey Kirupa. Thanks for the reply. Yes, I will install a web server. If multiScaleImage could be part of WPF I think that would solve the problem and the possibilities could be amazing!
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Pro Engineer
08-05 11:12 AM
Hello all,
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
more...
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upuaut8
08-15 03:38 AM
It's easy, I've been doing it all week long.
Choose to export. When you do it comes up with a menu which lets you choose wireframe export. Also it allows you to choose which type of fills you want to use, as well as options for either the complete wireframe, or just the edges.
I'll be posting my first example of interesting uses for this effect, tomarrow some time.
Choose to export. When you do it comes up with a menu which lets you choose wireframe export. Also it allows you to choose which type of fills you want to use, as well as options for either the complete wireframe, or just the edges.
I'll be posting my first example of interesting uses for this effect, tomarrow some time.
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bowbow
10-26 04:43 PM
August filers got EADs, just wondering if anybody got APs
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zwswim
01-26 12:55 PM
I am in H1b and my wife is a F1 student. Both of us are chinese.
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
My company will apply the Green Card for me this year. As I know, my wife can be dependent on my application.
My wife always go back to china every summary or winter vocation. She need to re-apply her F1 visa every year as a student from china.
My concern stems from my wife's F1 status. We are wondering whether the immigrant petition will conflict with her F1's non-immigrant intention (unlike H1B which is accepted as a transient from non-immigrant to immigrant).
Will this conflict have a huge affection on her F1 visa application in china?
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vikramy
06-10 02:58 PM
Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
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tinku01
07-10 10:53 AM
Hi, I am trying for visitor visa for my mother and she can not attend interview in English. I have been trying to get interview date in Hindi but for the last 7 weeks,it has been showing no availabilty of visa date in Hindi although English dates are available.
Anybody can help us in this regard. We are trying at New Delhi consulate. :o
Anybody can help us in this regard. We are trying at New Delhi consulate. :o
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ace007
06-09 04:17 PM
Hello Everyone,
I must be newest member here. Our company attorney (fragomen) is going to file/send I-140 application today.
I am excited to join the loooong queue forward!
:p
I must be newest member here. Our company attorney (fragomen) is going to file/send I-140 application today.
I am excited to join the loooong queue forward!
:p
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loudobbs
09-25 11:32 AM
I think interfiling is when you can 'attach' a second I140 with your 485 to capture an earlier PD or change categories
from EB3 to EB2...
Hello, I need your advice here. I have an old LCA, priority date 03/2003 that was stuck in the backlog center untill last week. Also, I applied through PERM for a new LCA that was approved and was able file I485 in July this year, just got the receipt numbers.
The new LCA has the priority date 04/2006 and is for an upgraded position. I heard that I might "interfile" and be able use the old priority date with the already submitted I485. Would you guys have any suggestions about it?. Any information that might help me?. Hopefully somebody outhere can help.
Thanks,
Valy
from EB3 to EB2...
Hello, I need your advice here. I have an old LCA, priority date 03/2003 that was stuck in the backlog center untill last week. Also, I applied through PERM for a new LCA that was approved and was able file I485 in July this year, just got the receipt numbers.
The new LCA has the priority date 04/2006 and is for an upgraded position. I heard that I might "interfile" and be able use the old priority date with the already submitted I485. Would you guys have any suggestions about it?. Any information that might help me?. Hopefully somebody outhere can help.
Thanks,
Valy
StarSun
04-22 09:35 AM
1 . Where is the donor forum? I could not find it
Donor Forum is visible only to the donors in the forum page.
2. I am a donor (two times). But I do not have access to it.
Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.
Donor Forum is visible only to the donors in the forum page.
2. I am a donor (two times). But I do not have access to it.
Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.
gc_chahiye
10-11 10:49 AM
H1 processing for 2nd time : First 6 yrs on H1 over!
My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.
Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?
Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?
When will I be able to enter the US : after Nov.2008 or Oct.2009.
Any inputs in this regard will be highly appreciated. Thanks in advance.
AFAIK eligible to apply in April 2008 and can enter in Nov 2008.
Since you are spending one year outside the US, and you are very keen to come back here see if you cna work for an employer that has a US office. That way come November 2008 even if you dont get an H1 (if there is a lottery again and by chance you miss out) you could still have the option to return on L1. Just a thought.
My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.
Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?
Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?
When will I be able to enter the US : after Nov.2008 or Oct.2009.
Any inputs in this regard will be highly appreciated. Thanks in advance.
AFAIK eligible to apply in April 2008 and can enter in Nov 2008.
Since you are spending one year outside the US, and you are very keen to come back here see if you cna work for an employer that has a US office. That way come November 2008 even if you dont get an H1 (if there is a lottery again and by chance you miss out) you could still have the option to return on L1. Just a thought.
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