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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desi3933
09-19 12:55 PM
Hi All,
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
>> can I file my H-1 extension and go to India and get both of our visas stamped based on my extension?
Yes. She can get H4 visa stamp based on your H1 extension approval notice.
*** Not a legal advise ***
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
>> can I file my H-1 extension and go to India and get both of our visas stamped based on my extension?
Yes. She can get H4 visa stamp based on your H1 extension approval notice.
*** Not a legal advise ***
India76
03-01 10:28 PM
Thanks rajesh_kamisetty for your prompt reply. It helps.
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gcpradeep
04-06 09:38 PM
Here is a link from C-SPAN that summarizes Hagel/Martinez Ammendment
http://www.c-span.org/pdf/Hagel_Martinez.pdf
http://www.c-span.org/pdf/Hagel_Martinez.pdf
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gc_on_demand
03-10 03:29 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.
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.
superdude
07-17 11:42 PM
Once your GC gets approved , thenit may be difficult for your wife to file
The PD needs to be current as well to file for 485 amendment
The PD needs to be current as well to file for 485 amendment
more...
vandanaverdia
09-07 02:36 PM
My husband just booked tickets for Washington DC to attend the rally. Very excited to be part of this rally!
Would like to encourage people from WA state to plan on attending this rally & make a difference!
This is the time to act!!! We need more people, I don't see anyone from Seattle attending. I know there are thousands of GC applicants from here, come on guys, wake up and lets be heard. September 18, mark your calendars.
Would like to encourage people from WA state to plan on attending this rally & make a difference!
This is the time to act!!! We need more people, I don't see anyone from Seattle attending. I know there are thousands of GC applicants from here, come on guys, wake up and lets be heard. September 18, mark your calendars.
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RadioactveChimp
05-08 08:53 PM
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rbashir
02-16 10:54 AM
If the labor cert has been filed, approved and the I-140 has been filed, I think you can file for an extension of the H1-b. I was advised the same by my attorney, but by the time we filed for the extention, my I-140 was also approved (rather quickly).
You should contact your immigration attorney right away.
But what about extension based on appeal
You should contact your immigration attorney right away.
But what about extension based on appeal
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India_USA
07-28 08:23 AM
so many complications, so many rules to know - we might as well be immigration attorneys!! we (or at least some of us) pretty much know more about the INS and immigration laws than the average immigration attorney :D
more...
srratlanta
02-19 11:19 AM
I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
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gxr
10-03 06:56 PM
Sorry folks, the question may have been asked before.
Does I-140 have to be approved before using AC21? In my case, I140 has been pending for 1 year now, but got EAD recently.
If I use AC21 to move to a new job in 6 months, can employer pull out the I-140 ?
Any workarounds?
Does I-140 have to be approved before using AC21? In my case, I140 has been pending for 1 year now, but got EAD recently.
If I use AC21 to move to a new job in 6 months, can employer pull out the I-140 ?
Any workarounds?
more...
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eb3retro
11-04 07:21 PM
my spouse AP was approved last friday also from NSC and we recd the document just yesterday.
Hello,
Last week friday my advance parole document from NSC was approved & sent , but we have not received the approved document yet.
Does anyone know how long it will take to receive the AP document once it's approved? We have a travel plan sometime next week.
thanks!!!
Hello,
Last week friday my advance parole document from NSC was approved & sent , but we have not received the approved document yet.
Does anyone know how long it will take to receive the AP document once it's approved? We have a travel plan sometime next week.
thanks!!!
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ramraj_02
10-19 09:30 AM
Hi folks,
Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)
Thanks
Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)
Thanks
more...
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asharma
07-23 09:25 PM
The questions in FAQ are very much similar to what are being asked at this website.
Is it pure co-incidence or is USCIS reading the immigrationvoice questions???:D
Is it pure co-incidence or is USCIS reading the immigrationvoice questions???:D
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jliechty
February 11th, 2006, 09:08 AM
Mine shows this lightly under some conditions. It's not been a major problem for me, unlike what some overly vocal folks at another forum would like everyone to think, but I'll probably send it in to have it calibrated anyway.
more...
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kala
11-22 06:19 AM
Hi Zelwyn,
Im interested in pixel art. I work with several clients who need "Hightech/corporate" icons for company applications and websites.
Could you send me some examples of your work which will suit my needs?
Cheers
Im interested in pixel art. I work with several clients who need "Hightech/corporate" icons for company applications and websites.
Could you send me some examples of your work which will suit my needs?
Cheers
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07-30 02:05 PM
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looneytunezez
11-01 11:53 AM
that makes no sense. backlog and being current mean exact opposite things.
the meaning of backlog is to indicate that there AREN'T enough visas available to make a category current. being current means there ARE enough visas available for your category.
so in essence, someone who is current isnt considered back-logged or vice-versa.
where did you hear such nonsense?
I heard that only applicants who are current are considered as backlogged - is this true?
Applicants who are not current - which statistical group do they belong to?
the meaning of backlog is to indicate that there AREN'T enough visas available to make a category current. being current means there ARE enough visas available for your category.
so in essence, someone who is current isnt considered back-logged or vice-versa.
where did you hear such nonsense?
I heard that only applicants who are current are considered as backlogged - is this true?
Applicants who are not current - which statistical group do they belong to?
asharma
07-23 09:25 PM
The questions in FAQ are very much similar to what are being asked at this website.
Is it pure co-incidence or is USCIS reading the immigrationvoice questions???:D
Is it pure co-incidence or is USCIS reading the immigrationvoice questions???:D
jayleno
07-14 04:51 PM
I'm not a Guru in Immigration Matters...still from my experience USCIS is pretty random in some cases with online statuses.
I think I just told you what you know already, but reminding you that you are not alone.
Any updates gurus?
I think I just told you what you know already, but reminding you that you are not alone.
Any updates gurus?
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