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  • kondur_007
    03-16 01:13 PM
    can someone please give me some advices about this situation?

    I'm in US since Aug 2006 with F1 visa (and F2 my spouse).
    Nothing changed in 2007, and I didn't leave US at all.
    Then in June 2008, my visa status changed to H1B (and H4 for spouse).
    I am also receiving tuition waiver as employment benefits (I got the 1098T form for that).
    Spouse does not have ITIN and never filed any returns in US. By the way, is there a problem I didn't request an ITIN for my spouse by now? should F2 always have an ITIN even if spouse has never had any income of any sort?
    I have always filed 1040NR-EZ (for 2006 and 2007) but didn't claim spouse these 2 years (while on F2)

    My question is whether I have substantial presence in US after 3 years or not, and which form should I file. How about spouse's (with no ITIN) tax forms? Thank you.

    You are "dual status alien" for the purpose of tax filing. I came across same thing when I switched from F1 to H1.
    This is one situation, where you ideally "have to Itemized" (and this is true for India and it depends on Treaty with every country, it is different for lot of coutries).
    My sincere advise, just go to H and R block and get it done (this was the only year when I had my taxes done through H and R block). From the next year you will be "resident alien" and should be able to file using turbotax by yourself.
    Good Luck.




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  • ItIsNotFunny
    12-02 01:34 PM
    Imagine if someone has a cancer and he goes to a doctor and doctor tries all kinds of medicines and it does not work. He does get some relief in the pain though. So do you think the patient should ask for refund for all the money spent?

    Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.

    Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?

    You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.




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  • GC20??
    08-12 03:26 PM
    As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.

    Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?

    Good morning XXXXXXXXXXX,
    Re: I-485s <Applicant Name>

    I have conversed with those in charge of these cases.
    The United States Citizenship and Immigration Services (USCIS) is
    committed to adjudicating immigration benefits in a timely, efficient
    manner that ensures public safety and national security.

    Toward that end, USCIS requires extensive background checks for every
    application or petition it adjudicates. While background checks for
    most applications or petitions are completed quickly, a small percentage
    of cases involve unresolved background check issues that result in
    adjudication delays.

    Background checks involve more than just the initial submission of and
    response related to biographical information and fingerprints. When
    checks and/or a review of an administrative record reveal an issue
    potentially impacting an applicant's eligibility for the requested
    immigration benefit, further inquiry is needed. The inquiry may include
    an additional interview and/or the need to contact another agency for
    updates or more comprehensive information. If it is determined that an
    outside agency possesses relevant information about a case, USCIS
    requests such information for review. Upon gathering and assessing all
    available information, USCIS then adjudicates the application as
    expeditiously as possible.

    We have checked into your constituent's case and have been assured that
    the agency is aware of your inquiry, and is monitoring progress related
    to it. However, unresolved issues in your constituent's case require
    thorough review before a decision can be rendered. Unfortunately, we
    cannot speculate as to when this review process will be completed.


    We realize that your constituent may feel frustrated by delays related
    to his or her case. As an agency, we must weigh individual
    inconvenience against the broader concerns of public safety and national
    security.

    We hope this information and assurance are helpful. If we may be of
    assistance in the future, please let us know.

    I hope this information is helpful to you. At this time I am closing the
    inquiry on this matter.

    Thank you,

    <Officer Name>

    Immigration Services Officer

    NSC Congressional Unit




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  • SAPGURU
    07-13 09:04 PM
    I was searching on internet and this is what i found on Murthy.com.
    --------------------------------------------------------------------------

    Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.

    The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
    --------------------------------------------------------------------------

    Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.



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  • Vysh
    11-21 09:55 AM
    Sent an email




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  • gc_chahiye
    11-13 12:13 PM
    I would appreciate if any of you could shed light on the following scenario:

    If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.

    Thanks

    you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.



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  • LostInGCProcess
    08-26 01:20 PM
    Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.


    Well, that was precisely my question...and I think your example fits perfectly with my scenario.

    My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.

    She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.

    So, Little_willy, is it okay???:confused:




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  • smartboy75
    07-09 12:14 PM
    is'nt an Advanced parol document a re-entry permit ???



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  • chris9902
    06-12 07:41 PM
    about as much as i want aids




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  • 485Mbe4001
    01-25 04:27 PM
    :D he also wants his approval rating to cross 50%, bring world peace... State of the Union is something you should watch with a bag of popcorn or chips.
    TOI has a history of copy and paste jobs, they will make it sound like Bush is sending his own plane to get educated desis to US


    http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms

    This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.

    Good luck to us all.



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  • ujjvalkoul
    01-18 12:49 PM
    try entering that number here
    https://egov.uscis.gov/cris/caseStatusSearchDisplay.do

    BUT, I am assuming she gave u the Receipt number for online tracking, which you may already have from ur receipt notice...DOES it start with SRC or LIN?




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  • ck_b2001
    07-17 07:05 PM
    You need to be in US untill you recieve "Reciept of Notice". For those who filed Jul 2nd may be a special case as untill today it was thought to be rejected. In this situation i dont know how that rule will apply. On your return you have to show the 485 reciept notice along with your valid H1/H4 Visa (if Travel document is pending) to enter to US. It may mess up the database at POE if you do not mention pending 485.
    I would advise you seek legal advice if you have filed on Jul 2nd and you or your spouse has or is travelled (ing) abroad.
    My wife was planning on travelling next week and she has to cancell her trip to be safe.



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  • akhilmahajan
    10-27 09:28 AM
    New England Chapter Meeting 10/28/07(Sunday) @3:00 PM at Food Court, Burlington Mall, Burlington, MA

    San Jose was the beginning.........................
    July 2nd was the next step..........................
    Washington DC was a bang..........................
    Now lets get together for the supernova........

    Date:- October 28th, 2007 (Sunday)
    Time:- 3:00 PM
    Location : Food Court, Burlington Mall, Burlington, MA

    Agenda
    1. IV awareness campaign
    2. Our experiences at the DC rally and lobby day efforts
    3. Is lawmaker meetings really that important? Does it make a difference?
    4. How can you help IV activities? Distributing Flyers, emails, etc..

    Please spread the message about this meet among your friends.

    If you or your friends haven't joined the New England Chapter, please join the state chapter at http://groups.yahoo.com/group/MA_Immigration_Voice/

    If you have any questions please let me know.

    GO IV GO.
    TOHGETHER WE CAN




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  • gc_chahiye
    08-05 11:01 PM
    One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.

    did your friend then file a MTR?



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  • smisachu
    12-08 12:08 PM
    If you are making 200K+/yr, just bite your lip and stay put. There are very very few careers which give you such a good pay scale.

    I don't think you can do a MS in CompSci with out a BS with same specialization as far as understanding subject matter goes, but you could possibly do an MS in Information systems or similar.

    But it all depends on your GRE score. If you have a high GRE score with good percentile in quantitative section then you could get into a good program.


    I came to canada in 2000.I have been in USA Since 2003.
    I started the GC process in Ohio, moved to bay area in 2006,stated the process again, recaptured old PD( EB2 all the way). Was hoping to get GC in Aug 2008 when my PD was current for 2 months. Hope will get it this year.

    After moving to bay area I saw lots of engineer,mostly software, seemed happy with jobs. Started doing some search and found that this is one of the least stressful jobs in US with great salary and growth potential. There is no more growth in my field and it is very stressful and draining.

    Thanks for the views guys, would like to know if can do MS with a bachelors in non engineering field.




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  • belmontboy
    10-13 11:00 PM
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    If you are smart and sexy, you could go naked! :D



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  • guygeek007
    11-04 01:17 PM
    Update : My 140 got approved on Oct 31 @ NSC after ability to pay RFE was addressed with CPA eval documentation. Thanks for all your assistance and support!



    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.




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  • harryom
    01-18 01:01 PM
    No actually its seems different from the receipt numbers which usually starts with SRC-xxxxxxxxxx

    This one seems different like : PIT-xxxxxxxxxxTSC

    It doesn't seems to work anywhere.



    try entering that number here
    https://egov.uscis.gov/cris/caseStatusSearchDisplay.do

    BUT, I am assuming she gave u the Receipt number for online tracking, which you may already have from ur receipt notice...DOES it start with SRC or LIN?




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  • sroyc
    12-11 04:24 AM
    From what I understand, the annual quota is 140K. The extra 23K was the spillover from last year's FB quota and was distributed in the following order - EB1->EB2->EB3.
    Perhaps unfairly, they do not have the same quotas for the spillover visas.

    Does anybody know why EB3 Total number (45,650) doesn't translate into 28% of annual quota (163,037). Does it mean EB3 didn't get their fair share (forget about per country limit)? This is insane.




    abracadabra102
    11-06 03:13 PM
    I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



    Thanks,
    Sury

    -------------------------------
    PD : Feb'07
    I-140 - Pending
    I-131 - Approved
    I-485 - Pending
    Center: TEXAS SERVICE CENTER

    Recieved EAD Card and FP done.
    -------------------------------

    This issue has been discussed at length in these forums. Put in some effort and read before popping a question.




    priderock
    05-15 11:03 AM
    I think this is a very useful poll and I wish most people partake in this. This will give a very good metric on how many people are waiting and good guestimate on future movements !!!



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