kshitijnt
02-07 05:02 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
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eldrick
07-31 04:14 PM
But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
ranksxy
12-14 01:44 PM
geesee_99, listen to Rajiv Khanna's call on Nov 29. You can find it in the recordings section on his website.
http://www.immigration.com/improving_immigration/conference_calls.html
After around 10 mins in this call, he answered a question where a guy said that his 140 and 485 were pending and recently the 140 got rejected. Rajiv told him that he could file another 140 and interfile it with 485 to save his 485. So you might want to consult a lawyer and save your 485.
http://www.immigration.com/improving_immigration/conference_calls.html
After around 10 mins in this call, he answered a question where a guy said that his 140 and 485 were pending and recently the 140 got rejected. Rajiv told him that he could file another 140 and interfile it with 485 to save his 485. So you might want to consult a lawyer and save your 485.
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The7zen
03-24 06:00 PM
Since you have created this thread in Ask an attorney, I have say this.....
I am not an attorney...its better to contact a good immigration lawyer to discuss your options.
I am not an attorney...its better to contact a good immigration lawyer to discuss your options.
more...
USDream2Dust
06-14 09:52 AM
I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
Thanks in advance,
USDream2Dust
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
Thanks in advance,
USDream2Dust
raviram1980
01-15 12:19 PM
Thanks again for your quick reply. My AP was approved on 21st nov and I left for India on 26th Nov. Any idea if this can be considered enough time ?
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pmpforgc
12-28 11:06 PM
Hi
In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.
In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.
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gk_2000
05-15 11:13 PM
startup visa is the most horrible of all the ideas..... this subject is like a hidden enemy of all immigrants waiting in the backlog ..... is anything like this would pass..... the congress will tell everyone that entrepreneurship related immigration issues are all fixed.... it will be hailed as the biggest victory of american capitalism & congress will forget @ those stuck in the backlogs..... the reality will be that is just another way for those 170 venture capitalist to rake more....
some reporters write these articles with no knowledge of the subject.... & with little or no research of their own....
Why do you think it is SO horrible? Suppose this comes up for debate, we have an opportunity to revise the 170 VC's clause or maybe water it down some extent. If we are not able to do that, even then sometime in the future we could work those screws and try to loosen. At least it gives a segment of our community a chance to clear the line.. just my thinking .
some reporters write these articles with no knowledge of the subject.... & with little or no research of their own....
Why do you think it is SO horrible? Suppose this comes up for debate, we have an opportunity to revise the 170 VC's clause or maybe water it down some extent. If we are not able to do that, even then sometime in the future we could work those screws and try to loosen. At least it gives a segment of our community a chance to clear the line.. just my thinking .
more...
Siddharta
03-11 09:16 PM
We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?
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donelson
March 24th, 2005, 08:34 AM
If you've got six batteries in it, you're using the AA adapter in the MB-D100, which is notorious for very short life. You should be using the lithium ion batteries instead, which are more reliable. Even though the MB-D100 has space for two of the lithium batteries, you can use it with only one installed. Hope this helps.
Don :)
Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
Thanks.
Don :)
Thank so much for your reply. However, this was my first attempt with the camera so I used new batteries (six). Nontheless, I will try to change it.
Thanks.
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solaris27
03-06 08:14 AM
Congratulations
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waitin_toolong
10-29 02:10 PM
Guys....
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
EAD comes into effect only if used for employment not for any other purpose.
This question has bee asked and answered several time.
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
EAD comes into effect only if used for employment not for any other purpose.
This question has bee asked and answered several time.
more...
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bigboy007
04-18 03:50 AM
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
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singhsa3
07-18 02:27 PM
I am also mad, people like these abuse the whole system.
Sorry admin, I got mad at this guy.
Sorry admin, I got mad at this guy.
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chaukas
10-21 12:03 PM
We are in a similar situation . My wife had an EB3 approved I-140 with PD Apr 2004. She got her new EB2 I-140 approved with PD Dec 2006. I have opened a service request ... no update . Sent a letter to Ombudsman. No response yet. I am thinking of pursuing with the local senator.
The lawyer says that USCIS is treating these cases in the general I-140 queue and therefore may take about a yr to resolve.
The lawyer says that USCIS is treating these cases in the general I-140 queue and therefore may take about a yr to resolve.
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krustycat
10-24 08:39 PM
fatjoe.
Did you get any receipt # in the mail or from your lawyer before calling them to ask for the checks to be cashed?
Because they are refusing to enter a "service request" for my case unless I provide them with a receipt # (Which I didn't get, that's the reason I am calling. This is like a closed loop. I am calling because I didn't get anything receipt yet, they tell me I cannot do anything if I don't give them a receipt #, it's funny, isn't it?). They don't accept my tracking number from USPS express mail as a proof of receipt.
Did you get any receipt # in the mail or from your lawyer before calling them to ask for the checks to be cashed?
Because they are refusing to enter a "service request" for my case unless I provide them with a receipt # (Which I didn't get, that's the reason I am calling. This is like a closed loop. I am calling because I didn't get anything receipt yet, they tell me I cannot do anything if I don't give them a receipt #, it's funny, isn't it?). They don't accept my tracking number from USPS express mail as a proof of receipt.
more...
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jkays94
04-01 10:29 AM
IT in canada is in a bad shape.....very difficult to maintain a good job.....people get citizenship after 3 years...and they move to usa on TN visa...
I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.
I agree, IT might be in a bad shape in Canada, and indeed, coming back on a TN visa is indeed shorter than waiting for 6/7 years for a GC, not to mention that one gains self driven job mobility.
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The7zen
03-24 02:23 PM
...looks like you are in a tough situation...try to get a H1B transfer ASAP, i know its gonna be tough in this market, but don't loose hope and keep trying...Good luck.
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WaldenPond
01-23 07:49 PM
In some of the threads in this and other forums there was some concern expressed about non-citizen's right to hire a lobbyist or petition congress. Here is the text of the 1st Amendment of the Bill of Rights:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
The term 'people' or 'person' in the constitution refers to inhabitants and not citizens.
Second, your members already spend a great deal on attorneys to help them with immigration issues. Our hope is that by spending a little bit on a lobbyist to get the laws fixed, we can save a lot on attorney’s fees.
Here is a link for Bill of Rights which precede any other law: http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm
If a law is in violation of first ten amendments that are together called as Bill of Rights then that law is unconstitutional.
It is the right of all to petition congress and tell the lawmakers about their grievances.
-WP
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
The term 'people' or 'person' in the constitution refers to inhabitants and not citizens.
Second, your members already spend a great deal on attorneys to help them with immigration issues. Our hope is that by spending a little bit on a lobbyist to get the laws fixed, we can save a lot on attorney’s fees.
Here is a link for Bill of Rights which precede any other law: http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm
If a law is in violation of first ten amendments that are together called as Bill of Rights then that law is unconstitutional.
It is the right of all to petition congress and tell the lawmakers about their grievances.
-WP
sbmallik
05-28 10:18 AM
You can also locate the priority date in the I-140 approval notice.
garybanz
11-05 11:30 PM
Go TX-IV go...
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