hope4best
05-26 04:33 PM
My lawyer followed the same route. After getting EB2 I-140 approval, they send a letter to capture the PD from EB3 case and interlink the I-485. The letter was sent out around May 10th, no updates on I485 so far.
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kondur_007
09-15 11:17 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
First of all, do not confuse tax filing and immigration! These two are totally different ball games.
As far as tax filing goes, here is what i can tell (to the best of my knowledge):
1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).
2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.
3. Now your third question is related to immigration. Here is what I have to say:
Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
What can be done for this? three ways to straigten this up:
1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.
2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).
3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.
Good Luck.
nixstor
09-27 02:27 PM
That was a joke. I agree that DH on LD's show might help us. Your post sounded like DH should try to be on LD's show. No worries.
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senthil1
09-08 09:25 PM
Which labor day 2009? 2010 or 2014?
Any News on Schumer's Labor Day announcements?
Any News on Schumer's Labor Day announcements?
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ibmguy
04-09 07:31 PM
I think I am not going to put a fight with the department handling my immigration. I may have to go for stamping though because they may not be willing to renew AP every year as a valid visa will save then from trouble (only trouble for me). Everyone is trying to cut short on expenditure.
BTW, my name ibmguy stands for Intermittently Brainwashed and Manipulated Guy. It has nothing to do with International Business Machines.
BTW, my name ibmguy stands for Intermittently Brainwashed and Manipulated Guy. It has nothing to do with International Business Machines.
indyanguy
06-07 03:08 PM
I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
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GCNirvana007
08-22 04:48 PM
I believe there are very few left before April 1st 2004. EB2 I was stuck at April 1st 2004 for a long time and never moved from that date (excluding 2-3 times for a month or two when2006 people got approved). There will be lot of people from first half of 2004.
Yeah, before it went to Dec 1999, it was June 2004 i think and during the August 2006 current time lots of 2005s and 2006s got approved.
Since its till Jan 2005 this time i reckon its purely gonna be core 2004.
Yeah, before it went to Dec 1999, it was June 2004 i think and during the August 2006 current time lots of 2005s and 2006s got approved.
Since its till Jan 2005 this time i reckon its purely gonna be core 2004.
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shawnsteinbarth
February 14th, 2005, 11:14 AM
I just bought a new D70 and was interested in getting some advise from current owners about additional lenses and accessories.
Was looking at buying a SB-800 flash. Is this the best option?
How about additional lenses? I have an 18-70mm AF that came with the camera.
I am looking for other nikkor lenses that are very handy to have, meaning won't sit in the bag most of the time.
Any other advice or help would be much appreciated.
Thanks,
Shawn
Was looking at buying a SB-800 flash. Is this the best option?
How about additional lenses? I have an 18-70mm AF that came with the camera.
I am looking for other nikkor lenses that are very handy to have, meaning won't sit in the bag most of the time.
Any other advice or help would be much appreciated.
Thanks,
Shawn
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nousername
10-09 06:48 PM
Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know
Thanks
What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know
Thanks
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willwin
08-11 11:29 AM
Ok we have the poll, now can we start guessing when our dates will be current.
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
You are one optimistic dude in EB3 queue!!
Not so early :-)
possibly we need another poll with these options asking when do you think your PD will be current
1) 10-12 years
2) 12-15 years
3) 15 - 20 years
:(
You are one optimistic dude in EB3 queue!!
Not so early :-)
more...
wizkid732
08-26 07:47 AM
Thanks overseas.
Just curious... has your case been approved?
I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.
They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.
I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).
I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.
I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).
wizkid732,
My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.
On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.
Just curious... has your case been approved?
I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.
They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.
I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).
I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.
I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).
wizkid732,
My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.
On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.
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gcseeker2002
11-05 02:50 PM
I called UScis Customer support and they said that as of today they are approving EADs with notice date July 2nd, so I should wait another few weeks for my EAD, so EAD will take 5 months or more for me :(
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gcpadmavyuh
02-18 03:16 PM
Thanks, Elaine!
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
The cost varies, depending on the attorney fees and what advertising is done. Generally, it would probably cost $6000 - $12,000 for PERM. The employer must pay this, you cannot pay any of it.
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
The cost varies, depending on the attorney fees and what advertising is done. Generally, it would probably cost $6000 - $12,000 for PERM. The employer must pay this, you cannot pay any of it.
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StuckInTheMuck
05-04 05:26 PM
Thanks.
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paskal
08-22 07:02 PM
I have your request to join, we are indeed very active.
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
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Porch
08-24 09:32 AM
I worked for company A till Jun 2003 on h1 for 3 years. Then i went back to India and switched to company B. Now I'm in US on L1 thru company B. I'm thinking of switching back to company A in US. But my H1 got expired on June 2004. My question: Is it possible to renew the original H1 processed by company A now and start working for it? Please help.
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lonedesi
06-02 08:55 PM
The video clip has been posted on the website and the link is
www.ktvu.com/video/9315563/index.html?taf=fran
Great job IV and Pratik !!!
www.ktvu.com/video/9315563/index.html?taf=fran
Great job IV and Pratik !!!
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airbusfan
06-02 12:09 PM
Airbusfan
I had sent you a private message yesterday. .
Without verification we cannot give access to anyone.
Anu has been out sick and will not be doing verification for next couple of months. Myself and other team members will handle this task in our spare time from other IV work and there could be delays. However we will try to have the delay only for 15 days at the most.
Ryan, Thanks for responding to the PM.
Thanks Pappu!! I just messaged you my cell number, I think you tried to call me, but am in meetings all day today
I had sent you a private message yesterday. .
Without verification we cannot give access to anyone.
Anu has been out sick and will not be doing verification for next couple of months. Myself and other team members will handle this task in our spare time from other IV work and there could be delays. However we will try to have the delay only for 15 days at the most.
Ryan, Thanks for responding to the PM.
Thanks Pappu!! I just messaged you my cell number, I think you tried to call me, but am in meetings all day today
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StarSun
02-10 09:41 AM
The call is on Thursday (today). Please send in your questions as soon as possible to IVCoordinator@gmail.com
nepaliboy
08-06 07:16 PM
i saw lud on i-140 in 7-13-08 and lud on i-485 on 7-22-08 but my PD is not current .
i am Row pd 2005 september.
i am Row pd 2005 september.
godspeed
03-08 12:30 PM
A good way to start the week, glad NSC is coming out of its slumber
My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
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