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  • optimystic
    03-31 04:13 PM
    This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
    Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.

    I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

    If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !





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  • kondur_007
    07-30 07:32 PM
    I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.

    Some one has told me that I can use consular processing but have no idea about that.

    Please help me and let me know what are possible options for me to return to US.

    I am sorry for what happened to you my friend.
    This is what I would suggest:

    1. Contact your attorney in US and consider options.
    2. File for CP if your PD is current. Basically, it means that USCIS will send your I 140 to DOS to assign to your consulate who will then process your GC (by interviewing just like they do with any other visa). Catch 22 in your situation is that they need name check even for CP. So doing CP may not be a whole lot helpful in getting to US earlier; however, it is something you can do and if your name check is cleared, you might get GC sooner and you will not have to file AOS. Your attorney would be further able to guide you about this.
    3. If you have contacts in US, ask them to contact local congressman and that may be helpful to get the name check done sooner.

    Good Luck.

    (PS: Just like it says in above post, you can not apply 485 while outside US)





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  • rajenk
    08-14 05:18 PM
    Thank you all.

    Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!

    I'll wait, and will check with my lawyer to see if they can verify with the cashed check.

    Thanks
    Raj





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  • StuckInTheMuck
    07-11 06:26 PM
    Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
    Thanks
    It was in Jacksonville (FL). When I was called inside for EAD FP, I gave the lady (who was taking the FP) a copy of my I485 receipt notice, and told her that I still haven't got FP notice for that, even after 11 months (I am a July 2 filer). She briefly talked to her superior (it seemed they are well aware of this issue), took the code-3 (combining code-2 for EAD and code-1 for I485) biometrics for me and my wife, and stamped on both our original EAD notice and the I485 receipt copy. She also told me to ignore the separate I485 FP notice that will be mailed to me (apparently the machine generates this notice automatically when my file is accessed, but haven't got it yet).



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  • puskeygadha
    07-17 09:11 AM
    has there been any update from fragemon





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  • Anders �stberg
    July 15th, 2004, 06:55 PM
    I can't stop thinking about how the picture would have looked with the mother bird in focus and the young OOF... it didn't occur to me at the time but it would have been very cool to try to preset focus for the approaching bird... I hope they are still there tomorrow...



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  • thomachan72
    09-07 09:59 AM
    you also should note that the writer does not talk about NRE / FCNR accounts at all. The interest income from these accounts has been declared completely exempt (no matter how much) from income tax. So on one hand you have accounts which are completely exempt and on the other (NRO) you are going to tax more???





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  • randallemery
    06-28 10:36 PM
    National media will be there. This will get publicity.



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  • nlssubbu
    12-24 01:22 PM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
    I don't see a reason for you going in for H1-B stamping. You can enter using AP and still have H1B validity, if you don't use EAD for job. If different company willing to sponsor H1, then you can transfer it without any issue. Please make sure that the job offer from the new company is "same or similar" in nature.
    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    As stated by you, use of AP does not invalidate your H1B. If you want to change employer, you can transfer the existing H1B instead of re-apply for a new one.

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I myself came back to US using AP thrice and extended my H1B twice after such entry. You need not send your existing I-94 to them. Your H1B will come with the new I-94 with the same number of your white one for the extended time period.

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.

    I think it is only waste of time (to go to consulate) and money (to spend for the visa stamping)
    Thanks

    Thanks





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  • at0474
    01-09 02:30 PM
    My guess:

    No change in EB2 dates for India. Slight forward movement for EB3.



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  • roseball
    11-14 10:43 AM
    If you are coming back to US to work for the same H1 employer, then re-entering on AP does not invalidate your H1. Yes, after coming back you can file for a H1 COE petition.





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  • transpass
    08-04 11:10 AM
    me too...NSC filer, but transferred to TSC...

    RD july 2, PD 12/2005



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  • neerajkandhari
    10-05 09:29 PM
    waiting for AP
    july 2 filer





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  • bkarnik
    05-03 11:37 AM
    Instead of picking holes in the system, all that we need to do is to ensure the reporter gets the message " How legal immigrants are stuck so deeply for following rules" . This will help them put it out in press and debate on it, that way, there will be a larger awareness. You got to look at it from a larger perspective. The more awareness the better are the chances. The time is now to call reporters and highlight the plight of EB Retro folks. That way, they get to seperate legal and illegals (or Mex Citizens) inorder not to confuse the public.


    I am of the opinion, it will help the legal immigrants cause by calling, no harm in trying it.

    Sundar99:

    In your previous post, you had mentioned that you know Aman. Please passs your idea through either Aman or any one of the core team guys. If it is OK with them, go ahead. I feel that any contact with the media needs to be co-ordinated with the core team.



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  • needhelp!
    03-06 04:43 PM
    Just faxed.





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  • Soltan
    05-05 06:46 PM
    I think there's some nuance to this. You don't lose your PD if the company revokes your I-140, but you do lose your PD if USCIS revokes your I-140 due to fraud.

    Hey guys, digging up a little old topic but I have a question regarding the same.

    I was with my previous company for 4 years and had my i140 approved. Then I had to transfer to a different company due to most in humane behavior by them. They never gave me a copy of the i140 with repeated requests.

    But I do have the receipt and receipt number and I can check online that it is approved. So next time when the time is right for 485 etc, can I just use the old i140 receipt and print out of the approval (from uscis site)? Will the receipt and the approval print out work to PORT my PD?

    Please please reply.



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  • jsb
    10-25 11:42 AM
    I filed my application on July27th. Completed FP on 10th Oct. I have not received EAD yet. When i called USCIS, I got response to wait 90days from the receipt date.

    USCIS is overhelmed with filings, so delay is everywhere. How come you got your FP done so fast? I filed on July 2, and got just receipts, nothing else.





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  • manishcp
    12-28 10:05 AM
    I am still waiting.
    EB-3 India, LC: Dec 2003
    I-140, Rec. date: Dec 27, 2006





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  • martinvisalaw
    06-16 10:23 AM
    I have a quick question though it is not related to family petition.
    what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
    does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
    In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).

    Thanks

    When CIS denies a 485 they almost always immediately revoke any accompanying EAD and Advance Parole.





    mrajatish
    09-18 11:54 AM
    Should clarify, meant post dec 2003





    whitecollarslave
    03-06 02:41 PM
    I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...

    Which bill? Passed where? More info please.