nt07
11-08 09:34 AM
My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
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loudobbs
08-02 04:38 PM
Hi Folks
My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.
Its been 2 months now and I am getting worried.
Anyone who has been in similar circumstances or familiar with this situation pl help.
My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.
Its been 2 months now and I am getting worried.
Anyone who has been in similar circumstances or familiar with this situation pl help.
eb3bakra
10-12 02:27 PM
There wil be light at the end...
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BharatPremi
03-27 03:17 PM
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
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rajc
08-12 03:28 PM
Hi,
I recently went through same situation for my spouse on H4. You have 3 options:
1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.
2. Go out of country and come back.
3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.
Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.
I recently went through same situation for my spouse on H4. You have 3 options:
1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.
2. Go out of country and come back.
3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.
Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.
gparr
November 14th, 2004, 07:18 PM
While photographing in the Japanese garden in Portland, OR, I unintentionally captured most, if not all, of the stone lanterns that are dispersed throughout the grounds. Here are my three favorites. More in my gallery. Comments appreciated.
Gary
2 sec. at f/22 and 25mm using the EFS 18-55
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1/4 sec. at f/8 at 22mm using the EFS 18-55
http://www.dphoto.us/forumphotos/data/500/153stonelantern4.jpg
1/20 sec. at f/8 and 35mm using the EFS 18-55
http://www.dphoto.us/forumphotos/data/500/153stonelantern1.jpg
Gary
2 sec. at f/22 and 25mm using the EFS 18-55
http://www.dphoto.us/forumphotos/data/500/153stonelantern5.jpg
1/4 sec. at f/8 at 22mm using the EFS 18-55
http://www.dphoto.us/forumphotos/data/500/153stonelantern4.jpg
1/20 sec. at f/8 and 35mm using the EFS 18-55
http://www.dphoto.us/forumphotos/data/500/153stonelantern1.jpg
more...
cheshirecat
03-22 01:02 PM
^^^^^^Bump^^^^
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pooch
09-04 12:52 AM
I heard that GC is for a future position. If this is the case, can labor, I-140 and I-485 be filed for a person and this person join the company after labor, I-140 and I-485 have been approved? The person will join the same position mentioned in the labor cert with salary >= the labor petition.
more...
scorpion00
04-29 10:18 PM
Your priority date is when your labor was filed.
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asanghi
12-16 10:09 PM
Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?
Thanks
You need to go your home country, if you want to get the visa stamped. Here you can apply for change of status to F1. In fact as you are member of Immigrationvoice, so most likely you have applied for green card. In such case you should not go home country to apply for F1. It could be problematic. The consular officer might even reject your F1 .
Thanks
You need to go your home country, if you want to get the visa stamped. Here you can apply for change of status to F1. In fact as you are member of Immigrationvoice, so most likely you have applied for green card. In such case you should not go home country to apply for F1. It could be problematic. The consular officer might even reject your F1 .
more...
pappu
03-10 04:14 PM
Hello Every one
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
Please add this tutorial on IV wiki too so that in future when someone asks, we can point to the Wiki - Forums FAQS
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
Please add this tutorial on IV wiki too so that in future when someone asks, we can point to the Wiki - Forums FAQS
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Rockford
06-24 12:49 AM
I hear a lot about Indian's getting positive PDP (TB Skin Test)result. But when I talked to many of my Indian friends, they say they got negative result. Met only one who got positive skin test result.
Hope this poll sheds some light on what is the percentage of people that got positive reaction to PDP tests. Please participate.
Hope this poll sheds some light on what is the percentage of people that got positive reaction to PDP tests. Please participate.
more...
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looneytunezez
11-02 12:19 PM
Thanks...but i agree with your paralegal friend.......there is no logic to it all.
logic and law are not usually on "friendly" terms....
i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.
I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..
logic and law are not usually on "friendly" terms....
i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.
I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..
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psk79
05-28 12:12 AM
Hi,
Can anyone tell me if its ok to mail my EAD & AP and spouse's EAD & AP renewals to be mailed in the same package to Texas? I can't find any posts regarding this.
The PO Box address for EAD is different from AP. But i think for non USPS carriers, there is only one address for Texas center (4141 N augustine rd).
So If I use this address can I mail all the 4 applications in the same package?
I am not trying to save money but feel that keeping all the apps together might help especially primary and secondary applicants...
Thanks.
Can anyone tell me if its ok to mail my EAD & AP and spouse's EAD & AP renewals to be mailed in the same package to Texas? I can't find any posts regarding this.
The PO Box address for EAD is different from AP. But i think for non USPS carriers, there is only one address for Texas center (4141 N augustine rd).
So If I use this address can I mail all the 4 applications in the same package?
I am not trying to save money but feel that keeping all the apps together might help especially primary and secondary applicants...
Thanks.
more...
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b.rich
06-25 06:08 PM
Grinch... very nice job, it looks like this one is over. Keep up the good work. Let's do it agian sometime soon. :)
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amitjoey
03-06 01:32 PM
Friends,
A unique situation -
I am getting ready to apply for my wife's AOS (ROW). She has never used a last name on any legal documents, example birth certificate, passport.
Her H4 visa was processed with "FNU" - family name unknown .. Do I need a last name for filing her I-485? Can she get a GC with only her first name on it?
Or will they process it with FNU as last name...
Should i go to her embassy (Indonesia) and get her passport changed to my last name before applying for her 485? In that event, her H4 visa,passport and birth certificate will not match her passport..
Any thoughts on my situation?
I guess, nobody really knows the answer. If she does not have a last name and all she uses is her first name, it should be alright. Since all her legal documents- Birth certificate, Passport, DL, Bank Statements have this legal first name only. If she now wants to use your family, last name after getting married, that could also be done. You should really consult your lawyer on this one. Please do not use any advice from this forum as legal or valid.
A unique situation -
I am getting ready to apply for my wife's AOS (ROW). She has never used a last name on any legal documents, example birth certificate, passport.
Her H4 visa was processed with "FNU" - family name unknown .. Do I need a last name for filing her I-485? Can she get a GC with only her first name on it?
Or will they process it with FNU as last name...
Should i go to her embassy (Indonesia) and get her passport changed to my last name before applying for her 485? In that event, her H4 visa,passport and birth certificate will not match her passport..
Any thoughts on my situation?
I guess, nobody really knows the answer. If she does not have a last name and all she uses is her first name, it should be alright. Since all her legal documents- Birth certificate, Passport, DL, Bank Statements have this legal first name only. If she now wants to use your family, last name after getting married, that could also be done. You should really consult your lawyer on this one. Please do not use any advice from this forum as legal or valid.
more...
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sg8228
07-25 02:31 PM
Hi,
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
I am Indian national on H1B, waiting on priority date to be current to file for I-485. My wife is currently working on TN visa. Will there be any issue with her being on TN status when I file for adjustment of status (for me and for her together). What options I can consider in advance so that I-485 process will not halt with last minute surprises.
Thanks in advance
sg
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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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GoneSouth
07-27 10:39 AM
Thought folks might find the following interesting.
I recently returned from a visit to Canada where I stayed with my brother-in-law, who owns a small but very successful web development shop. He told me that due to the booming Canadian economy, he can no longer find experienced programmers at reasonable bill rates. So he's been doing some outsourcing to get cheap foreign labor ... hiring American programmers !
I recently returned from a visit to Canada where I stayed with my brother-in-law, who owns a small but very successful web development shop. He told me that due to the booming Canadian economy, he can no longer find experienced programmers at reasonable bill rates. So he's been doing some outsourcing to get cheap foreign labor ... hiring American programmers !
sushilup
07-18 11:01 AM
Thank you for your response.
I will appreciate if you could answer these 2 questions.
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
I will appreciate if you could answer these 2 questions.
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
aguy
08-03 04:15 PM
Hi,
My NIW/I-140 application has been pending for a year. During this time, I have more qualifications added to my resume. Is there a mechanism to send my updated resume or should I just let it be?
Thanks.
My NIW/I-140 application has been pending for a year. During this time, I have more qualifications added to my resume. Is there a mechanism to send my updated resume or should I just let it be?
Thanks.
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