Monday, June 27, 2011

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  • Dhundhun
    03-19 12:11 AM
    I am also thinking on same line. I requested lawyer to provide me details.
    Hi guys,

    My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.

    To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.

    So,
    I am going to apply for a tax filing extension (which gives me 6 mths)
    Simultaneously, I am going to apply for her EAD
    Hopefully EAD takes 4 mths
    Then I will apply for SSN
    and then file our taxes with both our SSNs
    hopefully, we get our economic stimulus after that.

    Does this sound reasonable? or is there any other way I can do this?

    Thanks.

    Good luck to everybody.




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  • NIW
    08-31 12:15 PM
    As illusions said, Lou has shot himself in the foot once again. Pehaps Lou should come out of his illusion and see the real world before he confuses his eye for his foot.




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  • kevnss
    03-18 03:06 PM
    Yesterday I went to SSN Administration office to apply SSN for my wife to get the tax rebate, you definitely need EAD if that person doesn't have work permit. So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier. Hope this will answers your question. Regarding the tax rebate, you have to have SSN to qualify, so that's the main reason I went to SSN administration office for my wife.




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  • kate123
    09-24 02:01 PM
    excellent.. if this happens!!!!

    The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
    OR
    Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.

    I see this good for people waiting to file for 485.



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  • coopheal
    09-07 03:17 PM
    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

    Yes where is my green card?




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  • prem_goel
    11-25 01:27 PM
    Dipika,
    Please make sure to add a disclaimer if your post has not been helpful and creates unnecessary panic ;) (For ex: Don't blame IV if that happens )



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  • lazycis
    02-13 05:27 PM
    If you want IV (immigrant visa), help IV (Immigration Voice)




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  • jsb
    01-21 09:07 AM
    hi dionysus
    i got this from some requirement agencies

    If it really has some source of information (and is not a pure rumour), then it may come out as some kind of order that PD cutoff dates can only be moved forward (i.e. no retrogression). We all know, moving dates like a yoyo does not make any sense. It only tells that decision makers over there just don't know what they are doing. This order might force them to think and work before issuing new cutoff dates.



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  • h1bnogc
    07-28 05:53 PM
    hibnogc
    This is also one of the questions I have. So, did you contest the denial request and are you currently working?

    I have not reached this situation yet...getting prepared.




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  • conundrum
    03-28 10:01 AM
    Great for us...aren't are Indian PHD's in the US are as scholarly and motivated as before? lol To think that there are left over visas in this category beats me ! :D

    Having a PhD alone doesn't put you in EB1. Everything depends on the job requirement. You can have a PhD and still be in EB3 if the job that you are working doesn't require an advanced degree.



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  • cris
    08-30 12:22 PM
    outstanding answer , gg_ny ! Thank you very much




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  • vasa
    07-08 04:43 PM
    5 stars and posted comments..good job dude



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  • kak1978
    10-23 10:03 PM
    My mother-in-law had a two way ticket but she was not carrying the e-ticket paper for return ticket, and for that they made her wait 2 hours to verify with the airline that she had a return ticket. So it is VERY Important to have a return ticket, if the visa status is B2 visitor.




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  • webm
    09-25 03:02 PM
    If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.

    After she starts using the EAD for work then only lose H4 status ....



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  • milind70
    07-26 10:43 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

    See here is the things that are in your favour( incase u decide to file 485 for
    yourself and not for her)

    1. You have got married before u applied for 485.
    2. I suppose you are going to get her here on H4 when you H1 extension is
    approved .
    3.Once she is in US and your dates become current you can apply for her 485
    also if your dates is not current your 485 cannot be approved.
    4. Even if your 485 is approved you have 180 days from your approval to file her 485.

    The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
    The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
    The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .




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  • ArunAntonio
    10-17 01:07 PM
    Sorry to Bump ... but I am going nuts.. am I doing something wrong in the way I am going about this?



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  • EB3_SEP04
    09-05 08:13 PM
    Congratulation to all EB2 who are getting their approvals. Have a wonderful post-GC life :)

    When will, we EB3s (India), see some light at the end of the tunnel.

    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

    I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.




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  • singhsa3
    11-15 10:47 AM
    What a shame and Ignorant people we are trying to motivate...




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  • i4u
    07-28 08:57 AM
    Thanks for your response. I have not tried the infopass yet. But my PD is not current and will that be an issue for scheduling an Infopass apointment.

    Also, is Infopass same as Service Request (SR).

    Service Request is for those who are waiting for more than 90 days for check clearance or to report a problem. Also check IV wikki (http://immigrationvoice.org/wiki/index.php/Technical_Terms_on_US_Immigration)




    desi3933
    06-25 10:41 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify

    This is one of the biggest myths amongst H1 workers in USA.

    All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.

    There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.

    Please consult a good lawyer before signing any such contract.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com




    transpass
    07-16 11:42 AM
    Can any one tell what is written on Eb3 I 140. I am assuming it will be
    Sec 203 (b) (3)
    but is there any text associated?

    This is my understanding, when I look the 140 form...

    You can either look into 'Part2 (Petition Type)' what is applied for when you file, OR you can look 'Classification' under "FOR CIS USE ONLY', where the CIS officer will approve what you checked in 'Petition Type'...

    EB1--
    203(b) (1) (A) Alien of Extraordinary ability
    203 (b) (1) (B) Outstanding professor or researcher

    EB2---
    203(b) (2) Member of professions w/adv degree or exceptional ability

    EB3--
    203 (b) (3) (A) (i) Skilled worker
    203 (b) (3) (A) (ii) Professional

    Just My 2 Cents...



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