friendfromcr
10-23 07:14 PM
I there i have a similar situation and would like some advise.
Last time i entered the USA was in JAN 07, and when i entered i got a new I-94 with expiration day of JULY 07 because my passport expires on JULY 07 (Entered usinga valid H1-b visa stamped on passport).
I did renew my passport for the 3rd and last time once in usa, since i can't get a brand new one unless get it in my country of citizenship.
I just found out that my I-94 is expired (4 Months later), now I am trying to switch employers and that's how i found out about my I-94.
Looks like the lawyer might file the H-1b transfer with "consular notification" that way once the H1-b gets approved i would need to leave the country to go to my home country and get a brand new passport and go to the USA consulate and get a new H1b stamp in my passport.
what question is: is this what i am supposed to do? should i live the USA before 180 days after i-94 expiration? what if i dont' have my new 797 from my new employer, can I leave the country? what if for some reason i don't i get my new h1b refused for some reason?
any advise on this?
Last time i entered the USA was in JAN 07, and when i entered i got a new I-94 with expiration day of JULY 07 because my passport expires on JULY 07 (Entered usinga valid H1-b visa stamped on passport).
I did renew my passport for the 3rd and last time once in usa, since i can't get a brand new one unless get it in my country of citizenship.
I just found out that my I-94 is expired (4 Months later), now I am trying to switch employers and that's how i found out about my I-94.
Looks like the lawyer might file the H-1b transfer with "consular notification" that way once the H1-b gets approved i would need to leave the country to go to my home country and get a brand new passport and go to the USA consulate and get a new H1b stamp in my passport.
what question is: is this what i am supposed to do? should i live the USA before 180 days after i-94 expiration? what if i dont' have my new 797 from my new employer, can I leave the country? what if for some reason i don't i get my new h1b refused for some reason?
any advise on this?
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desidude
10-01 10:55 AM
http://immigration.about.com/library/weekly/aa090903b.htm?terms=ac21
Hkumar
06-21 02:55 PM
My company is not responding fast enough. They are not saying no but some how dragging it. My 140 is struck in Nebraska center for almost 8 months. Not sure if my company will issue me a employment letter. Not asked them yet!. I am in Beverly MA.Interested understand my options here
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chantu
04-30 11:26 AM
i think if you have job in this market any place is better to live. :)
Thats what I thought. I will even go to Alaska if I get a job.
Thats what I thought. I will even go to Alaska if I get a job.
more...
Green_Always
02-03 04:36 PM
logiclife, thanks for your inputs,
Even tough I dont have any plans to buy a house now, your comments and explanations are great.
Even tough I dont have any plans to buy a house now, your comments and explanations are great.
onemorecame
03-11 09:56 AM
I just got a letter in the mail stating that my GC is approved. When would my GC card be mailed ?.
On a thankful note, My experience with Jean Martin has been very good. There was no hickup at any stage. Some of my friends were caught up with their employers who would either slow down the filings to retaing the employee for a longer period or negotiate harder. With such apprehensions I had pursued my GC process. Except for a few administrative delays here and there mine was a smooth sailing. My salary went from 60K 4 years back to over 150K at present. I had referred 3 of my friends so far who just got their I-140 filed.
As far as the "DOL audit", I did not receive any such notifications and 2 more of my friends even got their H1's approved in Feb' 08 !
Forums are being used to just air grieviences, but I think we should also comment org's which do a good job. My 2 cents
please update us with your PD date and category(EB1/EB2), if its possible to you.
On a thankful note, My experience with Jean Martin has been very good. There was no hickup at any stage. Some of my friends were caught up with their employers who would either slow down the filings to retaing the employee for a longer period or negotiate harder. With such apprehensions I had pursued my GC process. Except for a few administrative delays here and there mine was a smooth sailing. My salary went from 60K 4 years back to over 150K at present. I had referred 3 of my friends so far who just got their I-140 filed.
As far as the "DOL audit", I did not receive any such notifications and 2 more of my friends even got their H1's approved in Feb' 08 !
Forums are being used to just air grieviences, but I think we should also comment org's which do a good job. My 2 cents
please update us with your PD date and category(EB1/EB2), if its possible to you.
more...
lordoftherings
06-20 06:41 PM
when will this bill come back on the senate floor again? this friday?
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eb3retro
12-21 11:45 PM
eb3retro,
I think think the application consultant should have the same job code as Software Engineer. All IT jobs fall under the same broad category.... The only thing you need to worry about in AC21 is the Salary . i.e if the salary is 70% or more than what is on the labor.... this is grey area, check with Lawyer.
thanks pnjbindia, u made my day. I feel much better. Defenitely my future sal is not that high difference. So, thanks again. I am planning to intimate USCIS, even though my company does not pull out approved I140s..what say you?
I think think the application consultant should have the same job code as Software Engineer. All IT jobs fall under the same broad category.... The only thing you need to worry about in AC21 is the Salary . i.e if the salary is 70% or more than what is on the labor.... this is grey area, check with Lawyer.
thanks pnjbindia, u made my day. I feel much better. Defenitely my future sal is not that high difference. So, thanks again. I am planning to intimate USCIS, even though my company does not pull out approved I140s..what say you?
more...
siravi
09-25 04:12 PM
Good to know more members joining in!
Joining the state chapter is a great way to start sharing your ideas, your thoughts, your contributions towards future action items and fixing the flawed GC processing "system". Let's begin working together!
Joining the state chapter is a great way to start sharing your ideas, your thoughts, your contributions towards future action items and fixing the flawed GC processing "system". Let's begin working together!
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anilsal
07-20 11:07 PM
Please do not ask questions on your case on this thread. Just provide filing dates and approval dates and any RFEs
more...
cal_dood
08-24 11:34 AM
My 485 was approved while I was in Europe last week. I have a valid AP and H1. Entered US through Newark yesterday - went to the permanent resident queue. Told the officer my situation - showed him H1 and the 485 approval print out from uscis website. He wanted to make me enter on a H1. I then showed him my AP, on which he said I had to go "downstairs". (I have had AP since september last year, had never used it earlier though I have had multiple trips since then. Preferred to use H1).
Went downstairs for secondary inspection. My 485 approval print out was not part of the "package" left on the officers desk by the escort.
When called by the officer, I showed him the print-out. The officer was a nice person - said "you're throwing so much stuff at me. You have a valid AP, a valid visa and now you say you have a GC too?". Anyway - he looked through the system - and said "yes, you are a permanent resident - congratulations !". Tore away the white I-94 form which I had filled just in case, stamped the passport with the date and wrote "LPR" where they usually write "H1B" and that was it. Took about 20 minutes out of which 15 minutes was waiting for the officer.
Hope this helps somebody.
I'm out of the US and got the 485 approval today. Will be traveling back on Saturday - so let's see what happens. I'll provide an update. I have my AP.
Lawyer says there shouldn't be any issues.
Went downstairs for secondary inspection. My 485 approval print out was not part of the "package" left on the officers desk by the escort.
When called by the officer, I showed him the print-out. The officer was a nice person - said "you're throwing so much stuff at me. You have a valid AP, a valid visa and now you say you have a GC too?". Anyway - he looked through the system - and said "yes, you are a permanent resident - congratulations !". Tore away the white I-94 form which I had filled just in case, stamped the passport with the date and wrote "LPR" where they usually write "H1B" and that was it. Took about 20 minutes out of which 15 minutes was waiting for the officer.
Hope this helps somebody.
I'm out of the US and got the 485 approval today. Will be traveling back on Saturday - so let's see what happens. I'll provide an update. I have my AP.
Lawyer says there shouldn't be any issues.
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PD_0404
05-25 07:40 AM
Just sent Fax #16
more...
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pappu
05-26 10:39 AM
I have completed 10 years on H1B (still struggling for GC :=( ). I was wondering if people who have been on H1B for a decade or more could enter their duration on the spreadsheet (link below). If would be interesting to see that data.
http://spreadsheets.google.com/ccc?key=rQdBgnwjswiMfFb2EH_oiHA
You do not have to enter your real name. May be IV username is fine.
Why did you have to start GC 4 times??
http://spreadsheets.google.com/ccc?key=rQdBgnwjswiMfFb2EH_oiHA
You do not have to enter your real name. May be IV username is fine.
Why did you have to start GC 4 times??
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pyaradesi
02-12 07:45 AM
Champu,
A few years back Akshay Kumar had this song "hum hai seedhe sadha Akshay.." at a time when star sons were being launched by their fathers. May the Lord be kind to Mr. Patel, but I must tell you there is a spring in every step or mine.
We all have a lot to be proud of, and it is painful no doubt. But remember ideals are worth giving everything you have. I and even you see ourselves with a lot of pride and dignity and self respect everyday in the mirror, I am not so sure if Mr. Patel does.
We have come a long way, followed every law, and at times I feel ashamed even to ask some Congressman/woman to do me a favor by removing per country quota limits. Because gettng a greencard is one thing, but getting the greencard playing by "their" rules is a whole different thing.
So my friend, take pride in what you represent, do not fight for a GC, fight for the ideal, the quest for the American dream that brought us here. Lets not make the GC an end in itself, but just a milestone.
African Americans went through it, Japanese immigrants went through it, Chinese immigrants went through it, and now we Indians are going through this, treat this whole GC pain like a baptism before America absorbs you. We are as Indian immigrants making history, 50 years from now, there may be a program on History channel about the Indian guy from Bangalore/Mumbai/Delhi/Desipur who had to wait 10 years to get a GC but never got a traffic ticket, and at that time ou never know it may be your grandson running to be the first US Indian-American President.
Say Hi to Mr .Patel.
A few years back Akshay Kumar had this song "hum hai seedhe sadha Akshay.." at a time when star sons were being launched by their fathers. May the Lord be kind to Mr. Patel, but I must tell you there is a spring in every step or mine.
We all have a lot to be proud of, and it is painful no doubt. But remember ideals are worth giving everything you have. I and even you see ourselves with a lot of pride and dignity and self respect everyday in the mirror, I am not so sure if Mr. Patel does.
We have come a long way, followed every law, and at times I feel ashamed even to ask some Congressman/woman to do me a favor by removing per country quota limits. Because gettng a greencard is one thing, but getting the greencard playing by "their" rules is a whole different thing.
So my friend, take pride in what you represent, do not fight for a GC, fight for the ideal, the quest for the American dream that brought us here. Lets not make the GC an end in itself, but just a milestone.
African Americans went through it, Japanese immigrants went through it, Chinese immigrants went through it, and now we Indians are going through this, treat this whole GC pain like a baptism before America absorbs you. We are as Indian immigrants making history, 50 years from now, there may be a program on History channel about the Indian guy from Bangalore/Mumbai/Delhi/Desipur who had to wait 10 years to get a GC but never got a traffic ticket, and at that time ou never know it may be your grandson running to be the first US Indian-American President.
Say Hi to Mr .Patel.
more...
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hariswaminathan
02-02 11:35 AM
Your wife needs an SSN to claim the additional stimulus. ITIN is ineligible.
consider yourself lucky you got $600. Most of us folks who filed jointly (SSN+ITIN)never got anything.
Here's a bit of background....
I am a resident alien for tax purposes, on H1B and have filed Tax form 1040 for the last 5 yrs or so. Since I filed single for 2007, I got a $600 stimulus payment in 2008. I got married in August 2008, wife is still in Lahore, Pakistan. Now I want to file married jointly and also want to apply for ITIN via form W7, AND also want to claim the remaining $600 stimulus credit (since my status in 2008 is married).
So here's the list of questions:
1) Should I again file 1040 ? (from what I have read, 1040NR makes one automatically ineligible for the stimulus credit).
2) Wife is still back home so haven't been able to create a joint account, so if I'm filing jointly, I will get a check from the IRS, is this 'cashable' at my bank? (considering the bank account won't be joint). If not, what are my alternatives.
3) Assuming I file 1040, would I have any problems getting the remaining $600 stimulus credit ? considering that wife was a non-resident alien without ITIN in 2008.
Any suggestions, advice from couples who faced these issues is thoroughly welcome. Appreciate your responses.
consider yourself lucky you got $600. Most of us folks who filed jointly (SSN+ITIN)never got anything.
Here's a bit of background....
I am a resident alien for tax purposes, on H1B and have filed Tax form 1040 for the last 5 yrs or so. Since I filed single for 2007, I got a $600 stimulus payment in 2008. I got married in August 2008, wife is still in Lahore, Pakistan. Now I want to file married jointly and also want to apply for ITIN via form W7, AND also want to claim the remaining $600 stimulus credit (since my status in 2008 is married).
So here's the list of questions:
1) Should I again file 1040 ? (from what I have read, 1040NR makes one automatically ineligible for the stimulus credit).
2) Wife is still back home so haven't been able to create a joint account, so if I'm filing jointly, I will get a check from the IRS, is this 'cashable' at my bank? (considering the bank account won't be joint). If not, what are my alternatives.
3) Assuming I file 1040, would I have any problems getting the remaining $600 stimulus credit ? considering that wife was a non-resident alien without ITIN in 2008.
Any suggestions, advice from couples who faced these issues is thoroughly welcome. Appreciate your responses.
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Ann Ruben
09-14 07:06 AM
Instead the national anthem, another less politically charged song might be more effective. For example,"God Bless America".... the words, "land that I love" and "my home sweet home" may be more relevant to many.
more...
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GCwaitforever
03-01 04:35 PM
Please let me know the risks while using AC21 and thus working on EAD. Can the current employer through which I got EAD create any problem in my I 485 petition if I move to another employer andhow can I make use of AC21? Do I need to contact a lawyer or I can change jobs just like that?
I have not been this far. so I do not know. While on EAD, your job description has to be the same or similar and you must maintain employee-employer relationship with someone. That means someone has to employ you.
I have not been this far. so I do not know. While on EAD, your job description has to be the same or similar and you must maintain employee-employer relationship with someone. That means someone has to employ you.
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extra_mint
04-12 08:16 PM
Congratulations and thanks for sharing the details. Nice to see long wait coming to an end.
All the best for future.
Thanks a lot guys, Here is the whole timeline and interrutpions:)
Moved to a new Job in June 2009. Asked my boss to do a Eb2 GC in November but he denied.
Again talked to my boss to move to Eb2 in June 2010 and he agreed. Started the process in July 2010.
Labor was filed on Dec 13th and was approved on Dec 21st, 2010.
Applied for I140 in premium processing on Jan 21st, 2011,
Approved I140 on Feb 11th, 2011 with my old Priority date of March 2003.
My wife was not part of my original 485 so we started preparing her application before we send a letter to transfer my 485.
Had Some birth certificate problems (missing name) for my wife took us more time and finally we filed her application on March 10th.
We were preparing to send a letter for my 485 in the mean time on March 11 USCIS issued an RFE on my 485 asking "there are two I140 for me and which one I want to use for my 485?".
On April 5 we replied to RFE to use the new I140 and it was received on April 6th.
Finally on April 11 I received my Approval Emails.
No SR, No contact with Congressman/Senator no infopass.
Hope this helps.
Again keep hope guys you will all get it, just do not give up.
Over last three years I must have tried to start my GC in Eb2 like N number of times, while trying for it I got laid off due to a merger; found a job with a new group (My company is a fortune 10 company). At new Group I started the same talk and it finally paid off.
All the best for future.
Thanks a lot guys, Here is the whole timeline and interrutpions:)
Moved to a new Job in June 2009. Asked my boss to do a Eb2 GC in November but he denied.
Again talked to my boss to move to Eb2 in June 2010 and he agreed. Started the process in July 2010.
Labor was filed on Dec 13th and was approved on Dec 21st, 2010.
Applied for I140 in premium processing on Jan 21st, 2011,
Approved I140 on Feb 11th, 2011 with my old Priority date of March 2003.
My wife was not part of my original 485 so we started preparing her application before we send a letter to transfer my 485.
Had Some birth certificate problems (missing name) for my wife took us more time and finally we filed her application on March 10th.
We were preparing to send a letter for my 485 in the mean time on March 11 USCIS issued an RFE on my 485 asking "there are two I140 for me and which one I want to use for my 485?".
On April 5 we replied to RFE to use the new I140 and it was received on April 6th.
Finally on April 11 I received my Approval Emails.
No SR, No contact with Congressman/Senator no infopass.
Hope this helps.
Again keep hope guys you will all get it, just do not give up.
Over last three years I must have tried to start my GC in Eb2 like N number of times, while trying for it I got laid off due to a merger; found a job with a new group (My company is a fortune 10 company). At new Group I started the same talk and it finally paid off.
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breddy2000
05-25 09:11 AM
Sent Fax # 16
gveerab
04-10 01:02 AM
YES, you can deduct the mortgage paid on home in other country, but as far as I know you need to meet the following conditions.
-- for any mortgage deductions you need to itemize your tax returns, you should meet this first.
-- you need to declare home in another country as Vacation home or second home. I believe you should stay in that home at lest 20-30 days per year.
-- and also you should not give that home for rent or you need to pay the tax for the rent received from that house.
-- in future when you sell that house, you need to pay capital gain taxes on that property.
All these IRS rules are designed for US citizens, I am not sure how these will be applicable for H1b people. if we follow the tax rules strictly, we need to pay tax on income received on inherited properties in other countries and also for the gifts from in-laws and dowry(in case if you take any) also. I believe all these doesn't make sense. I felt one safe option is, if you don't have significant deductions don't bother to declare.
One other suggestion is, if you have house in US and also have some equity on that house, take home equity loan and pay off the loan in India. You can deduct the interest on taxes officially and also save lot of money on the the difference in interest rate. And now dollar is almost Rs50, so good time to send money to India. :)
-- for any mortgage deductions you need to itemize your tax returns, you should meet this first.
-- you need to declare home in another country as Vacation home or second home. I believe you should stay in that home at lest 20-30 days per year.
-- and also you should not give that home for rent or you need to pay the tax for the rent received from that house.
-- in future when you sell that house, you need to pay capital gain taxes on that property.
All these IRS rules are designed for US citizens, I am not sure how these will be applicable for H1b people. if we follow the tax rules strictly, we need to pay tax on income received on inherited properties in other countries and also for the gifts from in-laws and dowry(in case if you take any) also. I believe all these doesn't make sense. I felt one safe option is, if you don't have significant deductions don't bother to declare.
One other suggestion is, if you have house in US and also have some equity on that house, take home equity loan and pay off the loan in India. You can deduct the interest on taxes officially and also save lot of money on the the difference in interest rate. And now dollar is almost Rs50, so good time to send money to India. :)
anu_t
08-31 10:34 AM
The job code should be different. (Not the job role) , i.e. "the new duties should be 50 % different from the old job code duties.".
The new Job code should have a EB2 requirement.
In today's economy getting a promotion in the same company is not that easy task.
But if you can then that will be wonderful. :)
The new Job code should have a EB2 requirement.
In today's economy getting a promotion in the same company is not that easy task.
But if you can then that will be wonderful. :)
