eastindia
11-10 08:14 AM
With republicans controlling in Congress how does 2011 look like for us?
I mean Republicans are good for industry. So they will obviously be good for Employment based Green cards.
So we should be happy now? and good times of a recapture bill should come? Are there any points against it? I have not heard anyone saying against this bill. So it should pass easily if Republicans introduce it.
I mean Republicans are good for industry. So they will obviously be good for Employment based Green cards.
So we should be happy now? and good times of a recapture bill should come? Are there any points against it? I have not heard anyone saying against this bill. So it should pass easily if Republicans introduce it.
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RandyK
10-24 10:49 PM
Just curious to see where we are.
Please vote so we can get an idea how many ROW's are there for each year
Please vote so we can get an idea how many ROW's are there for each year
roseball
11-29 01:11 AM
Quote:
So we gave the older I-94s to him. Now the I-94 that we have says we are Adjusting Status - so I am guessing H1 petition is no longer valid.
End Quote
If you are returning to work for the same employer, you can still continue to work on H1 as long as it is valid and you can also file for extension if you like to when H1 expires....Entering on AP does not invalidate your H1.....
So we gave the older I-94s to him. Now the I-94 that we have says we are Adjusting Status - so I am guessing H1 petition is no longer valid.
End Quote
If you are returning to work for the same employer, you can still continue to work on H1 as long as it is valid and you can also file for extension if you like to when H1 expires....Entering on AP does not invalidate your H1.....
2011 jessica-alba-cash-warren-
ItIsNotFunny
11-20 01:35 PM
Bump ^^^
more...
raydon
10-19 12:31 AM
Hi
Sorry for the miscommunication. Let me try to explain as clearly as possible.
She got her GC in Nov 9, 2007. It means Aug 9, 2012. She is eligble to apply for citizentship if every other conditions is satisfied. Is that correct?
For the period Nov 9, 2007 and Nov 8 2008. She stayed in US for 6 months and other 6 months she stayed in India.
For the period Nov 9, 2008 and Nov 8 2009, she stayed in US only for 87 days only in US and remaining days she stayed in India.
In 2010 she plans to come back to US in Feb 1st and will continue stay here for the remaining part of the year and
2011 and 2012 she will stay here in US.
This is employment based GC and I am the primary applicant I also got my GC approved in Nov 2007 and I stay in continuously and visited India only for one month in Jan 2009.
I have joint bank account with my wife and joint tax filing, she has credit card.
These are proof for my permanant stay in US.
Question:
Green Card Validity:
My wife if she plans to visit US on Feb 1st will there be a problem in entering into the country?
Citizenship:
Since I have a strong base in US when I apply for citizenship for myself can I apply for my wife also the citizenship?
Vidya
I'm not an expert on this, but this is what I think applies for your wife's case. By staying for less than 180 days in 2008 and 2009, her 5-yr waiting period clock is reset. She will need to wait another 5 years, since 2009 and have no stay more than 180 days outside the US for that period before applying for citizenship. So the next earliest opportunity for her to apply should be in Nov 2014. During this period, if at any time she stays for more than 180 days outside the US it will reset the clock and that means another 5 yr wait since that time. Additionally multiple stays of more than 180 days on GC will trigger questions from the USCIS, and create problems when applying for naturalization.
You should check with an immigration expert to verify this though.
Sorry for the miscommunication. Let me try to explain as clearly as possible.
She got her GC in Nov 9, 2007. It means Aug 9, 2012. She is eligble to apply for citizentship if every other conditions is satisfied. Is that correct?
For the period Nov 9, 2007 and Nov 8 2008. She stayed in US for 6 months and other 6 months she stayed in India.
For the period Nov 9, 2008 and Nov 8 2009, she stayed in US only for 87 days only in US and remaining days she stayed in India.
In 2010 she plans to come back to US in Feb 1st and will continue stay here for the remaining part of the year and
2011 and 2012 she will stay here in US.
This is employment based GC and I am the primary applicant I also got my GC approved in Nov 2007 and I stay in continuously and visited India only for one month in Jan 2009.
I have joint bank account with my wife and joint tax filing, she has credit card.
These are proof for my permanant stay in US.
Question:
Green Card Validity:
My wife if she plans to visit US on Feb 1st will there be a problem in entering into the country?
Citizenship:
Since I have a strong base in US when I apply for citizenship for myself can I apply for my wife also the citizenship?
Vidya
I'm not an expert on this, but this is what I think applies for your wife's case. By staying for less than 180 days in 2008 and 2009, her 5-yr waiting period clock is reset. She will need to wait another 5 years, since 2009 and have no stay more than 180 days outside the US for that period before applying for citizenship. So the next earliest opportunity for her to apply should be in Nov 2014. During this period, if at any time she stays for more than 180 days outside the US it will reset the clock and that means another 5 yr wait since that time. Additionally multiple stays of more than 180 days on GC will trigger questions from the USCIS, and create problems when applying for naturalization.
You should check with an immigration expert to verify this though.
gc4menu
07-16 10:31 PM
How about if they accept the applications of the people who were current in June but their lawyer screwed up and delayed it till the end so they couldn't file it in time? This will be fair to them. Also I really hope they accept the applications based on PD not RD, guys before you jump on me, you don't know the hell people have gone thru in BEC, this was the only fair chance for them to get justice and the stupid lawyer's mistake can no take it away. By the way all the best to all. Go immigrants go.......
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ravise
12-08 04:16 PM
[QUOTE=arnab221;1135243
I feel that if I had thought about God as much as I thought of spillover he would have appeared before me by now .[/QUOTE]
goodone. have a nice day
I feel that if I had thought about God as much as I thought of spillover he would have appeared before me by now .[/QUOTE]
goodone. have a nice day
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greencard_seeker
08-02 06:04 PM
Hi sri1973,
Don't worry about it. I am in worst situation than this, before . I found this after 1 year of expiry. I spoke with big Immigration Attorneys and everyone advised me to go to nearest CBP officer to correct it. Good thing is this will not count toward 180 days of illegal presence. So keep it cool and contact the nearest CBP officer ASAP. Good luck and keep us updated!!!
Forgot to tell you, I got it corrected with CBP officer and everything was fine after it :):) :)
Don't worry about it. I am in worst situation than this, before . I found this after 1 year of expiry. I spoke with big Immigration Attorneys and everyone advised me to go to nearest CBP officer to correct it. Good thing is this will not count toward 180 days of illegal presence. So keep it cool and contact the nearest CBP officer ASAP. Good luck and keep us updated!!!
Forgot to tell you, I got it corrected with CBP officer and everything was fine after it :):) :)
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chanduy9
07-05 03:03 PM
Hi,
Instead of NO WORK DAY!! Let us send the flowers on JULY 10TH.
FLOWER DAY IS GOOD than NO WORK DAY!!
With NO WORK DAY every body go mad!! Employers and clients (assumeing lot of us are consultants).
Just idea..
Thanks,
Chandra.
Instead of NO WORK DAY!! Let us send the flowers on JULY 10TH.
FLOWER DAY IS GOOD than NO WORK DAY!!
With NO WORK DAY every body go mad!! Employers and clients (assumeing lot of us are consultants).
Just idea..
Thanks,
Chandra.
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pappu
05-05 10:18 AM
Added RFE conditions and possible solution for Marriage based RFE and added some content for employment based RFE's as well
- cheers
kris
Thanks
- cheers
kris
Thanks
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ameryki
07-01 01:59 PM
What I dont understand is if you see the employees in these consulates many of them look like imigrants themselves. How come they dont understand our plight?
The employees that you see in these consulates are not immigrants because they are not in this country and frankly they have been beat up so much by situations similar to these that at some point they start keeping emotions out of it if you know what I mean.
The employees that you see in these consulates are not immigrants because they are not in this country and frankly they have been beat up so much by situations similar to these that at some point they start keeping emotions out of it if you know what I mean.
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Be_Pragmatic
06-13 12:22 PM
I have got extension to file my taxes for the year 2007 and am about to file.
I have had a home a loan in india and had paid about 2lakhs rupees towards the interest last year.
Can I claim tax deductions for this home loan interest amount?
Is it worth going for deduction for this?
If so what is the documentation required.
Will there be any audits?
I guess many people must have taken home loans as well. Are there people who have claimed the tax deductions for the home loans?
I appreciate your suggestions and advice.
Well, I own a home in the US & a few properties back home (India) and I did declare in my US returns the Interest payments for the loans I have taken in India along with my Income from the properties (Rentals etc.,). There wasn't any significant difference per se in my refund as my CPA &I worked out a rough math with & without declaring the Interest payments & rental income from India. Having said that, I would suggest one does declare the Income from abroad in the US returns as there is a possibility that US & India can exchange information (happening already with Swiss, UK, EU etc.,) about their expatriates. Again, this is something upto the individual and their long-term choices of living here in the US. Personally, I didn't want to take that chance (even though I plan on returning home in a few years) as I have a company back home and there are rules®ulations which oversee's personal income.
I have had a home a loan in india and had paid about 2lakhs rupees towards the interest last year.
Can I claim tax deductions for this home loan interest amount?
Is it worth going for deduction for this?
If so what is the documentation required.
Will there be any audits?
I guess many people must have taken home loans as well. Are there people who have claimed the tax deductions for the home loans?
I appreciate your suggestions and advice.
Well, I own a home in the US & a few properties back home (India) and I did declare in my US returns the Interest payments for the loans I have taken in India along with my Income from the properties (Rentals etc.,). There wasn't any significant difference per se in my refund as my CPA &I worked out a rough math with & without declaring the Interest payments & rental income from India. Having said that, I would suggest one does declare the Income from abroad in the US returns as there is a possibility that US & India can exchange information (happening already with Swiss, UK, EU etc.,) about their expatriates. Again, this is something upto the individual and their long-term choices of living here in the US. Personally, I didn't want to take that chance (even though I plan on returning home in a few years) as I have a company back home and there are rules®ulations which oversee's personal income.
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ajay
03-24 11:09 AM
When I was new to the US 10 yrs ago I faced the same problem. I bought a car with dealer financing at 18% interest. After paying for 6 months I refinanced with one of the credit unions for 5%. I defly think the $200 + I paid in interest for the first six months was worth it. This repayment for the 6 months also helped build up my credit.
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Gravitation
04-16 06:02 AM
Reading b/w the lines: Just forget it.
If it happens, it'll be a miracle.
Presidential election 2008 political maneuvering has started too early this year. If they were thinking of national interests over politics, it would have been possible. It's all about elections and political games now.
If it happens, it'll be a miracle.
Presidential election 2008 political maneuvering has started too early this year. If they were thinking of national interests over politics, it would have been possible. It's all about elections and political games now.
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EndlessWait
09-14 02:45 PM
and we are pretty weak in that respect.
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yawl
10-19 11:34 AM
GO IV, GO! It is time for us to make the first victory since the rally!
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kondur_007
03-30 08:14 PM
Please don't think I am witty. But it looks like this is what USCIS is.
I agree with you for the most part with one caveat:
USCIS actually has provided a lot of information and is continuing to provide this information every quarter: that is their pending preadjudicated inventory. They do not any additional valuable information that they are "hiding".
Only additional information that can help us understand backlog is quarterly visa usage information which USCIS does not have; DOS has that info. (which would include usage at USCIS, district offices and consulates). We do not have any legal grounds to ask this information (except may be FOIA; but that would be one time); that will help if published quarterly (and should be even easier to collect and publish as it is actual visa number usage; retrospective data which should already be available; it's only a matter of making it public).
Beyond that when it comes to spillover and visa number waste etc are issues that need to be addressed by law change and not by asking anything administratively.
I agree with you for the most part with one caveat:
USCIS actually has provided a lot of information and is continuing to provide this information every quarter: that is their pending preadjudicated inventory. They do not any additional valuable information that they are "hiding".
Only additional information that can help us understand backlog is quarterly visa usage information which USCIS does not have; DOS has that info. (which would include usage at USCIS, district offices and consulates). We do not have any legal grounds to ask this information (except may be FOIA; but that would be one time); that will help if published quarterly (and should be even easier to collect and publish as it is actual visa number usage; retrospective data which should already be available; it's only a matter of making it public).
Beyond that when it comes to spillover and visa number waste etc are issues that need to be addressed by law change and not by asking anything administratively.
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amitkhare77
10-05 09:56 AM
I do have different A3 on I-140 and I-485. my laywer filled my EAD and AP after I receive my I-485 receipt. on EAD application she filled both the number in the A# column. I am guessing its normal
amaruns
11-13 10:47 AM
There is an element of risk in travel if the government denies the adjustment application and revokes the advance parole while the applicant is abroad. There has been a recent case like this (see text below from an email I got from my lawyer), however, it could possibly have been an extreme action, also see wikipedia entry http://en.wikipedia.org/wiki/Nadeem_Hassan
====================
The Alliance of Business Immigration Lawyers warns that traveling outside the U.S. while an adjustment of status application is pending can be risky, even with advance parole. A recent case illustrates this point. While his adjustment application was pending, Nadeem Hassan, a citizen of Pakistan, traveled outside the U.S. to Saudi Arabia. He received an I-512 advance parole travel document, which granted him permission to return to the U.S. so long as his application for adjustment remained pending. While Hassan was abroad, the government denied his adjustment application and revoked the advance parole. When he attempted to return to the U.S., he was denied admission, placed in expedited removal proceedings, and removed. He challenged the denial of status adjustment and revocation of advance parole.
A federal district court held that under the REAL ID Act of 2005, both the denial of the adjustment of status and the revocation of the advance parole were discretionary decisions that the court lacked jurisdiction to review, and the U.S. Court of Appeals for the Ninth Circuit recently agreed, affirming the district court's dismissal of the case. The Ninth Circuit noted that Hassan was granted advance parole solely to allow him to return to the U.S. while his application for status adjustment was pending. Thus, the court reasoned, once Hassan's application for adjustment of status was denied, he was no longer eligible for advance parole.
View full text of the decision
http://www.metnews.com/sos.cgi?0908%2F0617252
===============================
====================
The Alliance of Business Immigration Lawyers warns that traveling outside the U.S. while an adjustment of status application is pending can be risky, even with advance parole. A recent case illustrates this point. While his adjustment application was pending, Nadeem Hassan, a citizen of Pakistan, traveled outside the U.S. to Saudi Arabia. He received an I-512 advance parole travel document, which granted him permission to return to the U.S. so long as his application for adjustment remained pending. While Hassan was abroad, the government denied his adjustment application and revoked the advance parole. When he attempted to return to the U.S., he was denied admission, placed in expedited removal proceedings, and removed. He challenged the denial of status adjustment and revocation of advance parole.
A federal district court held that under the REAL ID Act of 2005, both the denial of the adjustment of status and the revocation of the advance parole were discretionary decisions that the court lacked jurisdiction to review, and the U.S. Court of Appeals for the Ninth Circuit recently agreed, affirming the district court's dismissal of the case. The Ninth Circuit noted that Hassan was granted advance parole solely to allow him to return to the U.S. while his application for status adjustment was pending. Thus, the court reasoned, once Hassan's application for adjustment of status was denied, he was no longer eligible for advance parole.
View full text of the decision
http://www.metnews.com/sos.cgi?0908%2F0617252
===============================
desibechara
09-07 10:13 AM
I came in August "17" 1994..
I applied in Oct 2001..
since then..Labor came in July28, applied before August17 deadline..
Now I hear that one cannot ahve salary more than 5%..from labor certification..
Mine went up leaps and bounds..
This is slavery....Finished 13 years this august in US..that too Legally..
went thru hell some 2 years back..just to maintain status for my family..
and guess what..nobdoy cared ..wrote Senator Dianne fienstein..and Governor Shwarzenegger..and even wrote USCIS..and labor Secr..Chao..
Even my own employer who is Indian in the first place..is greeedy enough to cut my money where he can..when he and others went through the same process...years ago though....the fact that i was able to push my salary up speaks of my efforts and real fight..against all odds..still I could have been far better if I did not have to go throu this slavery..
Enough is enough now....they spent tax payers money to deliberate on Illegals who are driving up the helath insurances..and other things..while not paying a single dollar...but how about sepnding one fourth amount of tax payers money and fixing the GC process onec for all..
THE US IMMIGARTION SYSTEM IS DESIGNED TO CREATE MODERN TIMES SLAVERY...
THIS IS MY SLOGAN..
I applied in Oct 2001..
since then..Labor came in July28, applied before August17 deadline..
Now I hear that one cannot ahve salary more than 5%..from labor certification..
Mine went up leaps and bounds..
This is slavery....Finished 13 years this august in US..that too Legally..
went thru hell some 2 years back..just to maintain status for my family..
and guess what..nobdoy cared ..wrote Senator Dianne fienstein..and Governor Shwarzenegger..and even wrote USCIS..and labor Secr..Chao..
Even my own employer who is Indian in the first place..is greeedy enough to cut my money where he can..when he and others went through the same process...years ago though....the fact that i was able to push my salary up speaks of my efforts and real fight..against all odds..still I could have been far better if I did not have to go throu this slavery..
Enough is enough now....they spent tax payers money to deliberate on Illegals who are driving up the helath insurances..and other things..while not paying a single dollar...but how about sepnding one fourth amount of tax payers money and fixing the GC process onec for all..
THE US IMMIGARTION SYSTEM IS DESIGNED TO CREATE MODERN TIMES SLAVERY...
THIS IS MY SLOGAN..
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