Monday, June 27, 2011

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  • nit_sea
    01-04 09:50 AM
    I am under same situation . My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied .

    Can she apply again for COS to F1 after coming back in US on H4 ?




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  • India_USA
    04-30 09:13 AM
    C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.c-span.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)

    Something is happening ...........




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  • maresco10
    04-17 12:06 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??




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  • ras
    05-24 12:12 PM
    Please go through this (http://www.immigration-information.com/forums/showthread.php?t=5192)and reanalyze if you really want to go to H1 from EAD ....

    The reason we want to maintain is to get the spouse to USA on H4. I am not sure if there is other ways of bringing the spouse to USA while on EAD/AOS

    Is this not a good reason to be on H1?

    The link really doesn't say anything about this situation.



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  • tnite
    07-19 10:14 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


    For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.

    There is nothing to worry about in your friends case.
    If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
    As a resident tax filer, these are some of the advantages.
    I dont understand why your friends are worried about this.

    check this out (http://www.irs.gov/taxtopics/tc851.html)

    --------------------------------------------------------------------------

    Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

    You are considered a resident alien if you met one of two tests for the calendar year.

    The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

    The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

    A foreign government–related individual,
    A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
    A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
    A professional athlete temporarily present to compete in a charitable sports event.
    -------------------------------------------------------------------------

    Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.




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  • vfwlkr
    04-08 03:16 PM
    PD: July 01 EB3 India
    I-140 approved: 03/2004 (Not concurrent)
    485 RD: March 05 (CSC)
    Case transferred to NSC: 03/2006



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  • nlssubbu
    12-05 03:22 PM
    Hi,
    I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.


    I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?

    Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.


    Appreciate your responses on this.

    Thanks,
    Bitz

    Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).

    If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.

    Thanks




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  • needlotsofluck
    08-01 09:56 PM
    Old filing fee and form if filed by 8/17
    No negative side other than a few days delay for them to match it up against your I-485

    I called USCIS #1800-375-5283 option:1,2,2,6,2,2,1 and informed me to use the new forms and should be mailed to new mailing addresses. As per new forms, I have to file I-765 and I-131 on two different locations. I am now confused?



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  • ngodisha
    08-15 08:35 AM
    It should be SKIL and not SKILL as mentioned in the fact sheet. (not being picky but trying to end up with a typo free document).

    Will let you know if I find anything more.




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  • Administrator2
    03-28 01:41 PM
    As needhelp! clarified, we will fix all these issues over the weekend. Kindly keep updating this thread with any tracker related issue you would like to report.

    Also, kindly input processing information in your profile so that the tracker is more efficiently used by you and all other IV members.



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  • Nicki Minaj, Drake, and Lil


  • retropain
    08-14 02:07 PM
    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.




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  • sb724
    08-16 10:37 PM
    Hi,

    Anybody recently submitted evidences to RFE to NSC on 485?
    Its been a week I have submitted, still now no updates on my case. Is it normal?
    Please advise.
    Thanks
    sk



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  • gcformeornot
    12-31 02:22 PM
    friends... its not going to affect IV agenda.... no law makers are working these days... we will try hard when they come back...... meanwhile few more clicks will secure your vote.... please do so.........




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  • gc28262
    07-29 06:00 PM
    Lesson learned:

    Always note the rep id, date and time when talking to USCIS customer service.

    This information will come handy when reporting issues to Ombudsman's office.



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  • webm
    06-09 02:27 PM
    One of my friend with PD Jul 2001 EB3 India is still waiting for his GC. His name check was cleared 4-5 months back and not sure what he was waiting for.....

    I am on the same boat as your friend...Took infopass but its of no use..

    so waiting..continues..waiting for luck!!

    Looks like EB2 approvals spike going on this month..atleast something moving...


    --------------------------
    EB3-I Oct,2001 (TSC)
    FP/NC -- cleared
    485 RD -mid June 2007 (TSC)




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  • dbevis
    October 23rd, 2003, 11:59 PM
    Funny Don, I was just over at Holliday Park about a week and a half ago scouting a location for a shoot. Too bad that area is fenced off, it would be perfect.

    Yeah, stopped there after I left your place the other day. It's too bad they don't fix it up and get the fountain working again. And the fence doesn't do anything for the appearance :( Then again, it is called "the ruins". It might have been put up due to a skateboarder problem, dunno.

    Don



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  • LookingForGC
    12-09 02:13 AM
    by the way, I forgot to mention that I was in India when my GC was adjudicated on Oct 22.
    At the immigration POE, I told the officer that my GC was granted while I was away. They took me to a room, I waited for 10 minutes, they checked on their system and later told me that I'm good to enter on GC. I looked at my passport where they had canceled my H1 visa and stamped LPR on the immigration stamp which stands for Legal Permanent Resident.

    So, no probs returning to the U.S. I even took the liberty to stand in the GC/ citizen Q at the airport :D
    Congratulations!

    Good to know this info. Best wishes!




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  • Lollerskater
    04-23 11:46 AM
    I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.

    I filed at NSC, my case ended up in TSC.

    Nothing much makes sense, nowadays. :confused:




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  • jcrajput
    06-09 11:03 AM
    Our I-485 is pending and we have EAD/AP to enter the US back. We are planning to travel to INDIA end of this year and we can use our AP to return. We also have our H1B/H4 visa approval until 10/2010. The question is:

    1. Should we stamp our passport with H1B/H4 visas? If yes, does anyone has information about how to take an appointment from US for Mumbai embassy?

    2. Is it recommanded to have passport stamped with H1B/H4 even if we have Advance Parole?

    Please help. Thanks a lot.




    satishku_2000
    08-10 05:05 PM
    may be he is not from india :D

    May be he or she has a spouse whose birth country is non retrogressed .. :)




    transpass
    09-28 12:48 PM
    This is the new thread to mention your rejection reasons.

    Please mention following:

    Rejection date: 09/21/07
    Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
    Package received date: Waiting

    Did u hear anything my friend? I am getting tensed now and crossing fingers......



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