jsb
01-07 01:54 PM
I now applied for EAD for my wife (not because she is going to work, just go get SSN). I do plan to get SSN for her and then file amended 2008 return. I wonder if I will get stimulas package then (the one which was given in 2008)?
I amended my tax for 2007 (filed in early 2008), intially filed with my spouse's ITIN, to change my spouse's ITIN with new SSN. IRS did not send any check. They simply replied that people without ITIN are not eligbile, which I knew, and which was the reason of my amended tax filing. Looks like simply changing ITIN to SSN is not treated as a tax amendment.
If changed situation (new SSN, children etc.) allow the check, this year's tax should take care of it as per instructions on IRS website.
I amended my tax for 2007 (filed in early 2008), intially filed with my spouse's ITIN, to change my spouse's ITIN with new SSN. IRS did not send any check. They simply replied that people without ITIN are not eligbile, which I knew, and which was the reason of my amended tax filing. Looks like simply changing ITIN to SSN is not treated as a tax amendment.
If changed situation (new SSN, children etc.) allow the check, this year's tax should take care of it as per instructions on IRS website.
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vin13
05-13 10:35 AM
I would go with the prediction in the Jan 2010 Visa Bulletin:
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
I tend to agree with you. Projections by DOS seems to be closer to reality.
I would stay conservative contrary to many other predictions.
1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.
2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.
2009 info
Country cap for Eb-2 - aprox. 2800
2009 India for Eb-2 was 10,116.
fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316
So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
I tend to agree with you. Projections by DOS seems to be closer to reality.
I would stay conservative contrary to many other predictions.
1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.
2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.
2009 info
Country cap for Eb-2 - aprox. 2800
2009 India for Eb-2 was 10,116.
fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316
So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.
Canadian_Dream
12-19 05:10 PM
Yes there is a security check at I-140 stage, it is not FBI name check. No one
know what this check is and who gets subjected to it or it is just random. I-140 stuck for 1.5 years without RFE makes it quite likely that your petition is stuck in this check. Take a look at this:
http://www.immigrationportal.com/archive/index.php/t-193663.html
Best way to find out is, your attorney raise a service request with USCIS.
Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.
BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.
Are there anything we can do to get the status on the security check? How long usually does it take?
know what this check is and who gets subjected to it or it is just random. I-140 stuck for 1.5 years without RFE makes it quite likely that your petition is stuck in this check. Take a look at this:
http://www.immigrationportal.com/archive/index.php/t-193663.html
Best way to find out is, your attorney raise a service request with USCIS.
Thanks CanadianDream. Your words are encouraging. I will check with the lawyer. The reason we want to file another I-140 is just to safeguard the H-1B status. I am in my 5th year.
BTW, I have another question. Do they do security check for I-140 also? I never know this. I thought FBI check is only for I-485. My I-140 has been pending for 1.5 years so far. NO RFEs. Nothing. Every time my lawyer calls USCIS, they say it requires additional review and since no REFs are give, adjudication should be forthcoming.
Are there anything we can do to get the status on the security check? How long usually does it take?
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jnraajan
03-28 04:56 PM
I somhow feel that Name Check problem has not been taken care of within its entirety. I agree with one thing that NC will be "improved" but has not been and will never be streamlined the way actually it should be.
Reference:
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
I may be wrong but my doubts are as under:
------------------------------------------
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
Expert or differed opinions please?
You bring up some valid points. But then, every issue we bring up with regards to USCIS is valid. There is no transaparency in this agency, which is why we have all these issues. Even before this 180 day rule, there was no way for us to find out if and when USCIS requested NC and when it was completed.
Reference:
http://blogs.ilw.com/gregsiskind/fil...Procedures.pdf
I may be wrong but my doubts are as under:
------------------------------------------
(1)180 days period is from the "Date of FBI Name Check initiation. It is not
from 485 receipt date. Nobody knows when USCIS will initiate FBI Name
Check. So I see a big playground for USCIS to play if it decides to play.
What if uSCIS sends FBI name check initiation after 2 years of 485 receipt?
Do we have a way to know or keep an eye on USCIS about this? At least I
do not know and if somebody has the information please share it.
(2) "If 485 Otherwise is processable" then USCIS can go ahead without
waiting for NC check... What if USCIS decides to keep 100000 cases on
rack eating dust just by not moving the processing date for particular
service center? This you can see right now.. USCIS is making Texas slow
day by day not moving processing date. I remember Texas was ahead
with comparison to Nebraska around May to August 2007. If this happens your case is no more "processable".. Yes you can say that you are not stuck in NC queue but you will be stuck. USCIS may come up with altogether different startegy... To align processing times with FBI processing and FBI NC initiation. That may screw the things further.
Expert or differed opinions please?
You bring up some valid points. But then, every issue we bring up with regards to USCIS is valid. There is no transaparency in this agency, which is why we have all these issues. Even before this 180 day rule, there was no way for us to find out if and when USCIS requested NC and when it was completed.
more...
MunnaBhai
10-05 06:24 PM
I don't hink so. Under Internal Revenue Code, Tax payer must authorize the requesting party. IRS will not disclsoe any tax payer data to anyone unless authorized by the tax payer in written for each tax year. There is separate form for this process. I think this is very common in the mortgage industry.
-MB
How recent is that ? did they ask you for to submit it this year or in year 2005 ? I'm just curiouse what is IRS has to do with immigration? when did you apply for your I-485?
is there a relationship between taxes and Immigration?
-MB
How recent is that ? did they ask you for to submit it this year or in year 2005 ? I'm just curiouse what is IRS has to do with immigration? when did you apply for your I-485?
is there a relationship between taxes and Immigration?
akp
07-15 07:43 PM
Follow this thread
http://immigrationvoice.org/forum/showthread.php?p=115066#post115066
http://immigrationvoice.org/forum/showthread.php?p=115066#post115066
more...
gc28262
08-17 05:25 PM
Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
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EndlessWait
01-04 01:42 PM
I opened 2 SR back in Oct for FP. My wife got FP in December whereas I got a letter to basically wait. I'm the primary and still waiting.
more...
mrane1
12-21 08:35 PM
I was not bragging. I was just thinking out aloud, so to speak. Economic ups and downs like this this are a normal part of economic cycles in a capitalist economy. My observation is that IT industry is not as badly affected as other sectors. I have not seen people sitting without jobs for extended periods. I mean, some people do loose jobs but they get something else within a couple of weeks. That is pretty much normal functioning of markets.
This is not your normal recession... Whats happening right now is once in a lifetime event... This is the kind of stuff you will be telling your grandkids about! This is payback time of the excesses of the past 25 years of loose monetary and fiscal policy under Greenspan... Your observation about IT industry not being as badly affected is true only till the month of October... Till then things were in sort of slow motion esp in IT sector... Not anymore!
BTW here are a couple of my posts from 07
http://immigrationvoice.org/forum/showthread.php?p=193293#post193293
http://immigrationvoice.org/forum/showthread.php?p=193258#post193258
Not bad for an economics hobbyist! To quote from Jeff Goldblums 'The Fly'', "Be afraid, be very afraid...". 2009, 2010 are going to be BAD! The other thing to watch out for is the crime rate... Americans to a large extent have not known what real poverty is... The social implications of this fall out are going to be awfull... Don't take things for granted... If you thought that cushy job of writing apps for Facebook is safe, boy you are wrong... The depressionary train has already left the station and all we can do now is sit tight and watch!
This is not your normal recession... Whats happening right now is once in a lifetime event... This is the kind of stuff you will be telling your grandkids about! This is payback time of the excesses of the past 25 years of loose monetary and fiscal policy under Greenspan... Your observation about IT industry not being as badly affected is true only till the month of October... Till then things were in sort of slow motion esp in IT sector... Not anymore!
BTW here are a couple of my posts from 07
http://immigrationvoice.org/forum/showthread.php?p=193293#post193293
http://immigrationvoice.org/forum/showthread.php?p=193258#post193258
Not bad for an economics hobbyist! To quote from Jeff Goldblums 'The Fly'', "Be afraid, be very afraid...". 2009, 2010 are going to be BAD! The other thing to watch out for is the crime rate... Americans to a large extent have not known what real poverty is... The social implications of this fall out are going to be awfull... Don't take things for granted... If you thought that cushy job of writing apps for Facebook is safe, boy you are wrong... The depressionary train has already left the station and all we can do now is sit tight and watch!
hair OnDemand | House of Anubis
thomachan72
05-09 12:45 PM
I am already actively participating in all the event for "Filing 485 when PD is not current" in immigarationvoice ...
I sent my contribution amount for IV's April month washington campaign also ...
I understand 221g is an action to prevent fraud. But at the same time consular officer should give a chance to prove visa applicant's point at the time of interview. In my case I had most of the docs at the time of interview, Why don't they accept those docs and start processing immediately, then I would have saved some 3 weeks ...
Moreover, Not all ther employer will hold your position, If your case is taken long period for approval. They have to run their business ...
So I would expect DOS should change the way of handling 221g cases. Right now It's too lenghty and more confused ...
It is hard to say dont loose hope but really thats the best option possible anyways. Is your family also affected or are they back here in the US? Your son is in which grade? If he is back with you in India it might be best to inform his school about the delay. Hopefully you will hear great news soon so keep the faith. Best..
I sent my contribution amount for IV's April month washington campaign also ...
I understand 221g is an action to prevent fraud. But at the same time consular officer should give a chance to prove visa applicant's point at the time of interview. In my case I had most of the docs at the time of interview, Why don't they accept those docs and start processing immediately, then I would have saved some 3 weeks ...
Moreover, Not all ther employer will hold your position, If your case is taken long period for approval. They have to run their business ...
So I would expect DOS should change the way of handling 221g cases. Right now It's too lenghty and more confused ...
It is hard to say dont loose hope but really thats the best option possible anyways. Is your family also affected or are they back here in the US? Your son is in which grade? If he is back with you in India it might be best to inform his school about the delay. Hopefully you will hear great news soon so keep the faith. Best..
more...
LostInGCProcess
09-16 02:53 PM
Quoting INA Sec. 212(a)(6)(C)(i); 8 U.S.C. 1182
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
You can petition for waiver:
Quoting INA Sec. 212(6)(i)
(i) Admission of immigrant inadmissible for fraud or willful misrepresentation of material fact
(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) of this section in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien or, in the case of an alien granted classification under clause (iii) or (iv) of section 1154 (a)(1)(A) of this title or clause (ii) or (iii) of section 1154 (a)(1)(B) of this title, the alien demonstrates extreme hardship to the alien or the alien�s United States citizen, lawful permanent resident, or qualified alien parent or child.
(2) No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph (1).
You must talk to an experienced Immigration attorney as its dealing with misrepresentation.
Good Luck!
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
You can petition for waiver:
Quoting INA Sec. 212(6)(i)
(i) Admission of immigrant inadmissible for fraud or willful misrepresentation of material fact
(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) of this section in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien or, in the case of an alien granted classification under clause (iii) or (iv) of section 1154 (a)(1)(A) of this title or clause (ii) or (iii) of section 1154 (a)(1)(B) of this title, the alien demonstrates extreme hardship to the alien or the alien�s United States citizen, lawful permanent resident, or qualified alien parent or child.
(2) No court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under paragraph (1).
You must talk to an experienced Immigration attorney as its dealing with misrepresentation.
Good Luck!
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Atlantagowda
05-24 03:13 PM
How do I send FAX..Please guide me through
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n.sravan
10-04 10:39 AM
Hello gg_ny,
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
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venkygct
05-28 11:20 AM
e-filed on 19th April and got the confirmation receipt by post on 23nd April. After that no updates. Anyone facing this issue?
more...
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coopheal
08-14 02:14 PM
I love your optimism.
1) EB 2 will be current. You are saying 09 Apr. I disagree. It will be at least 2 years before EB2 can be current.
2) After EB2 is current EB3 ROW will be advanced. You are saying 09 Apr. Again I disagree. To make EB3 ROW current will take up to 2 years after EB2 is made current.
3) After that EB3 will move. You are saying 09 Apr. I couldn�t disagree more. Even after that EB3 will get visa not used by all others for that year.
Thanks for being optimistic about EB3 but EB3 movement is not going to happen anytime soon.
EB3 I and in general all EB applicants need a solution now.
Until this process becomes so painful for us that we either go back or do a mass movement to get some legislative relief there are no better days for us.
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
1) EB 2 will be current. You are saying 09 Apr. I disagree. It will be at least 2 years before EB2 can be current.
2) After EB2 is current EB3 ROW will be advanced. You are saying 09 Apr. Again I disagree. To make EB3 ROW current will take up to 2 years after EB2 is made current.
3) After that EB3 will move. You are saying 09 Apr. I couldn�t disagree more. Even after that EB3 will get visa not used by all others for that year.
Thanks for being optimistic about EB3 but EB3 movement is not going to happen anytime soon.
EB3 I and in general all EB applicants need a solution now.
Until this process becomes so painful for us that we either go back or do a mass movement to get some legislative relief there are no better days for us.
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
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mirchiseth
06-04 11:05 AM
Called USCIS and they are asking me to take an Infopass appointment.
Update1: Infopass appointment was not useful. They asked us to wait for the notification from MSC.
Update1: Infopass appointment was not useful. They asked us to wait for the notification from MSC.
more...
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justAnotherFile
03-07 02:34 PM
Hi,
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
Doesn't the recent USCIS Yates memo (the same one that said that H4 time will not be counted against 6 year H1 limit), also say that dependen children will be granted a GC if they were under 21 at the time of filing the petition? They need not necessarily be under 21 at the time the petition is approved...
not completely sure.. please check or ask a attorney...
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nonimmi
06-15 02:27 PM
I guess at least 5-10% of GC applicants are in and around Edison NJ!! You guys will have to fight hard to get into the doc's office. :D
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answers_seeker
09-17 12:25 AM
tabletpc,
Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.
tv25 shouldn't have entered using H4 visa that got invalidated as soon as the H1B was used.
This is a serious issue and as all others are saying, tv25 needs to contact an expert immigration lawyer.
thanks
gcisadawg
Guys, please do not scare the poster needlessly with half baked knowledge.
Think of the following,
1. When she went for stamping , they did not CANCEL her H4 visa stamp. Cancelling a visa stamp is a very very easy thing to do. For example if you still have 30 days left on ur stamp and u went for a visa stamp , they put a big CANCELLED on your old visa stamp.
2. So what does this necessarily mean ? This means her entry to the US is dependent on the immigration officer at the POE.
3. Her H1 was denied due to mis representation of facts, which means her COS is essentially denied, even though she was allowed to work since her COS went through while in the US.
4. Don't you think the officer can see her COS in his system when she entered on H4 ? Basically he let her in on good faith that she will not be using her H1 anymore.
Her status is now H4, if she needs to work, she will not have to use EAD or apply for another H1 COS. And here's one more thing, she will now not be subject to the quota since she is going back to H1 within the same year.
My wife's H1 stamp was denied in Vancouver canada and she had her H4 stamp still valid. So we asked the IO specifically if we can use to enter it back to the US and he said specifically " it is up the officer at the POE". After we came back to US within a couple of week we applied for another H1 with same company and it got approved.
Hope this helps.
Look at tv25's post. He/She alreday used the H1B...tv25 mentioned that she/he worked on H1B for three months. That would have invalidated her h4 visa.
tv25 shouldn't have entered using H4 visa that got invalidated as soon as the H1B was used.
This is a serious issue and as all others are saying, tv25 needs to contact an expert immigration lawyer.
thanks
gcisadawg
Guys, please do not scare the poster needlessly with half baked knowledge.
Think of the following,
1. When she went for stamping , they did not CANCEL her H4 visa stamp. Cancelling a visa stamp is a very very easy thing to do. For example if you still have 30 days left on ur stamp and u went for a visa stamp , they put a big CANCELLED on your old visa stamp.
2. So what does this necessarily mean ? This means her entry to the US is dependent on the immigration officer at the POE.
3. Her H1 was denied due to mis representation of facts, which means her COS is essentially denied, even though she was allowed to work since her COS went through while in the US.
4. Don't you think the officer can see her COS in his system when she entered on H4 ? Basically he let her in on good faith that she will not be using her H1 anymore.
Her status is now H4, if she needs to work, she will not have to use EAD or apply for another H1 COS. And here's one more thing, she will now not be subject to the quota since she is going back to H1 within the same year.
My wife's H1 stamp was denied in Vancouver canada and she had her H4 stamp still valid. So we asked the IO specifically if we can use to enter it back to the US and he said specifically " it is up the officer at the POE". After we came back to US within a couple of week we applied for another H1 with same company and it got approved.
Hope this helps.
msyedy
05-30 03:25 PM
I just don't understand one basic question.
Congress is trying to pardon 12 million illegals as a one time measure and give them Green Cards. (OK - Very good)
On the other hand we are about half a million who entered the country legally and helping the U.S. economy and paying taxes. Why don't they consider giving all of us Green Cards as a one time measure too ?????
We the legals... pay taxes, contribute to this economy by spending earned money here in the US, abide by the rules, carry medical insurance.
We keep doing this, till we get our green cards or till we permanently leave this country. It is a win - win situation.
The strict H1-B rules that are added to this Senate bill will be removed or some work around will be sorted out or else the US economy will go down.
The question now is how confident we are that they will get an amendment to give us some EB visa relief.
The high tech employers have a problem with the new merit based system which is going to take away the reins of holding an employee from them. Employers of other industries have raised their concern against this new system which gives more points to degrees and not skill. This system is also causing a lot of concern among the familiy members here.This system will take a lot of time to kick in.
1) The tech lobbyist can add pressure to give relief to current members in backlog so that they can hire them soon. They know that many skilled people are stuck with their companies because they can't switch due to the GC process.
2) Can add pressure by saying that they need us now and not after 5 years when we get our GC.
3) We need to force them to understand that they should give relief to legals too when they are doing a lot for the illegals.
That is all I think can be possible.
Congress is trying to pardon 12 million illegals as a one time measure and give them Green Cards. (OK - Very good)
On the other hand we are about half a million who entered the country legally and helping the U.S. economy and paying taxes. Why don't they consider giving all of us Green Cards as a one time measure too ?????
We the legals... pay taxes, contribute to this economy by spending earned money here in the US, abide by the rules, carry medical insurance.
We keep doing this, till we get our green cards or till we permanently leave this country. It is a win - win situation.
The strict H1-B rules that are added to this Senate bill will be removed or some work around will be sorted out or else the US economy will go down.
The question now is how confident we are that they will get an amendment to give us some EB visa relief.
The high tech employers have a problem with the new merit based system which is going to take away the reins of holding an employee from them. Employers of other industries have raised their concern against this new system which gives more points to degrees and not skill. This system is also causing a lot of concern among the familiy members here.This system will take a lot of time to kick in.
1) The tech lobbyist can add pressure to give relief to current members in backlog so that they can hire them soon. They know that many skilled people are stuck with their companies because they can't switch due to the GC process.
2) Can add pressure by saying that they need us now and not after 5 years when we get our GC.
3) We need to force them to understand that they should give relief to legals too when they are doing a lot for the illegals.
That is all I think can be possible.
swo
07-12 03:08 PM
You don't need your PD to be current for EAD/AP
I think he might have meant that the 485 was prematurely filed too.
I think he might have meant that the 485 was prematurely filed too.
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