kshitijnt
02-17 07:34 AM
I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
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watzgc
09-18 05:41 PM
That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.
yes, thats what i heard from attorney this afternoon. thanks LostinGCprocess.
yes, thats what i heard from attorney this afternoon. thanks LostinGCprocess.
eager_immi
07-19 05:24 PM
She should go on h4. If she wants her ead she can file once you get AOS receipt No. unless u alreaqy filed for it. If u already filed for her ead you should still wait for her to quit her h1 job till the ead comes through.
Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
Can someone give me answer for the second question:
2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).
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sundarpn
08-03 06:45 PM
Is the below in bold which mambarg has mentioned true?
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
more...
pitha
02-27 04:47 PM
It is worse than your estimates below because when green card is issued spouse and children are also counted in the quota unlike the h1 where spouse and children are not counted in the quota. Even if we assume each green card applicat has only one child, there would be 3 visa numbers used for each GC applicant. Going by that India has a demand for 150K GC as per the perm statistics but it gets only about 10000 per year. At this rate people from India who applied for GC in 06 and 07 would have to wait about 15 years and 30 years respectively to get the GC!!!!!!!!
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.
Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.
Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).
As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....
Comments on the analysis.........?
rp0lol
11-09 12:48 PM
I completed the form, all others, please do so.
more...
snathan
03-28 12:39 PM
Hi All,
I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?
Wait for ITIN to be processed and once get the ITIN amend your tax filing.
I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?
Wait for ITIN to be processed and once get the ITIN amend your tax filing.
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vdixit
04-10 08:00 PM
THere are restrictions on applying H1B via multiple employers. THe candidate will be rejected outright. Read the recent guidance on the USCIS website. So hopefully we will not see multiple applications for the same person this year.
more...
viper673
06-08 11:11 PM
Hi Dingudi,
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
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Prasad_FL
08-05 12:03 PM
Last year I renewed my passport in Houston thru usps mail. They took 5 weeks for me. Even if you go in person, they would take 2 days for processing. Check with the consulate.
more...
lost_in_migration
11-08 02:05 PM
Why are number of I-485 less than number of I-130
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
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voldemar
03-20 11:15 AM
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.
more...
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theperm
05-07 03:21 PM
Thanks! :-)
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Sai_07
06-27 10:31 PM
My I-140 was approved in Dec 2006 and still working with sponsoring company.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
Now my attorney got withdrawal decision on my I-140.My company or my attorney never send withdrawal letter for my I-140. However, my company sent withdrawal letters for some 12 other cases.
Here are the exact words from letter:
In accordance with the authority contained in Titl18,Code of federal Regulations, Section 205.1(a)(3)(iii)(C),the approval of the petition is automatically revoked as of the date of approval because of your written request of revocation(termination) field on XX/XX/XXXX,in this employment-based preference petition.
Could you please suggest how to correct USCIS mistake? Do we have to file Motion to Re-Open on my I-140?
Appreciate your help.
more...
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JulyFiler
10-08 06:15 PM
FWIK, EAD is just a work permit. It does not give you any status. So you have your H4 to keep your status and EAD to work.
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krish2005
11-09 05:47 PM
hmm.. are you saying that ancient indians specialized in stem cell research? :p
Dr. Balkrishna Matapurkar, a surgeon at New Delhi's Maulana Azad Medical College, has pioneered a stem cell based technique for the regeneration of tissues and organs. He already holds a patent for this innovative technique. Incidentally, he is of view that embryonic stem cell research is one of the lost sciences of ancient India.
But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.
A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.
Dr. Balkrishna Matapurkar, a surgeon at New Delhi's Maulana Azad Medical College, has pioneered a stem cell based technique for the regeneration of tissues and organs. He already holds a patent for this innovative technique. Incidentally, he is of view that embryonic stem cell research is one of the lost sciences of ancient India.
But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.
A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.
more...
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GotFreedom?
07-22 05:38 PM
Hi guys,
I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.
I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?
I am still working on H1 and she is a parolee.
Thanks in advance fopr the responses.
I bet this question must have been asked before but I couldn't find the relevant thread so I'm asking again. Apologies if its a repeat.
I am maintaining my H1-B while my AOS is pending. Last year my wife went to India while she had valid H4 (not stamped in passport) and AP documents. She did not get her visa stamped and reentered the country using the AP with no issues. He I-94 said Parolled till Some date, March 2009. I totally forgot about it and never renewed her AP or mine. Does it pose any kind of threat to her legal status in the US and AOS?
I am still working on H1 and she is a parolee.
Thanks in advance fopr the responses.
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manishcp
09-21 07:00 PM
Thanks for information.
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satishku_2000
02-21 01:09 PM
I saw that in morning , trust me its one of those things I do on my laptop everyday in the morning.
I try to access the page now and it shows the old one ...hehe :mad: ..
Hopefully they are in the process of correcting/retracting ...
I try to access the page now and it shows the old one ...hehe :mad: ..
Hopefully they are in the process of correcting/retracting ...
kaisersose
05-22 12:01 PM
I think it would be best if they allow us to apply for 485 regardless of priority date once 140 is approved .
I think the chances of that happening are very slim.
The general opinion is, EAD + AP is really not very different from the green card, especially after the introduction of AC21. This is why there is a "qualifying factor" for 485 applications - the PD should be current to just get into the queue.
Allowing 485 applications when PDs are not current is dangerously close in effect to removing the GC Quota and for this reason, it is unlikely to happen.
I think the chances of that happening are very slim.
The general opinion is, EAD + AP is really not very different from the green card, especially after the introduction of AC21. This is why there is a "qualifying factor" for 485 applications - the PD should be current to just get into the queue.
Allowing 485 applications when PDs are not current is dangerously close in effect to removing the GC Quota and for this reason, it is unlikely to happen.
gcisadawg
11-09 10:32 AM
According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
If you look at the previous "Applications for Immigration benefits" update issued by USCIS, here are the numbers.
Month No of I-485 receipted
April 2007 59,266
May 2007 68,265
June 2007 69,098
July 2007 68,498
Aug2007 116,177
September 2007 157,062
These are based on notice/receipt generated dates. ( if an application is submitted on July 2nd but has a notice date of Aug10th, it would be considered as August receipted application and would not count towards July)
If they are based on receipt dates, then Sep 2007 would not have 157K! Since the free ride ended on Aug 17th!
We need to know the applications receipted in Oct 2007 to get the full picture of the July VISAGATE!
just my $0.02!
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
If you look at the previous "Applications for Immigration benefits" update issued by USCIS, here are the numbers.
Month No of I-485 receipted
April 2007 59,266
May 2007 68,265
June 2007 69,098
July 2007 68,498
Aug2007 116,177
September 2007 157,062
These are based on notice/receipt generated dates. ( if an application is submitted on July 2nd but has a notice date of Aug10th, it would be considered as August receipted application and would not count towards July)
If they are based on receipt dates, then Sep 2007 would not have 157K! Since the free ride ended on Aug 17th!
We need to know the applications receipted in Oct 2007 to get the full picture of the July VISAGATE!
just my $0.02!
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