bkshres
01-23 04:21 PM
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
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ssharma
04-27 01:36 PM
Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?
A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html
GooblyWoobly
07-18 06:56 PM
I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.
New EAD is for 340$. So, what you are saying is, I pay 340$ now to apply and 340$ every year to renew? That'd suck big time.
New EAD is for 340$. So, what you are saying is, I pay 340$ now to apply and 340$ every year to renew? That'd suck big time.
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clif
06-15 09:07 AM
Bumping up...
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both? If I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
:confused: My H1B is about to expire in Oct 2007 and I haven't yet filed for 7th year extension. I have approved I-140 with April 2006 PD. Should I file for 7th year ext. of H1B or I-485 or both? If I file for H1B extension, will I get 1 year ext. or 3 year ext? :confused:
more...
sanju
06-11 11:55 AM
You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.
felix31
04-18 11:26 AM
vicks don,
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
more...
yawl
05-11 10:50 AM
It is just a TOOL to write to senators! No one force you to use their template, and you can and SHOULD write you letter!
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spicy_guy
04-08 04:47 PM
I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
Krupa
If that were to happen, EB3 I should move at least one month ?!!?!
more...
Hassan11
09-07 11:44 AM
I posted this question almost a month agao with no response. can anybody help?? I am stuck........
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
Hi
I have a question regarding an appeal I did a year ago for a rejected LC.
I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks
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swo
07-16 02:28 PM
How can you say that ? Please explain
Murali
Dude. He was joking.
Murali
Dude. He was joking.
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gc4me
07-05 08:45 PM
I have sent a request 5 months back to FOIA to get my I-140 copy. No luck yet.
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.
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Curious_Techie
09-30 12:42 PM
Does the online status change if an RFE is issued? or we just receive the RFE via Postal mail ?
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delhirocks
07-19 10:43 PM
Applied for LCP in July 2007 and I am not sure if I can apply for I-140/485 if my labor is approved before 17 August 2007. My PD is July 2007 but my labor might get approved in August.
Any Guess????
Where did your labor application go...If Atlanta...then forget about it, If Chicago, start getting all the paperwork like BC & Medical ready as you will most likely get your approval in a week or two (I got mine in 2 days)
Any Guess????
Where did your labor application go...If Atlanta...then forget about it, If Chicago, start getting all the paperwork like BC & Medical ready as you will most likely get your approval in a week or two (I got mine in 2 days)
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Berkeleybee
04-07 09:03 PM
About the appeasability of Sensenbrenner check out :
http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168
My favorite bit is the one in where the article says about Sensenbrenner
"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."
I very much doubt that he will be swayed by faxes. ;-)
best,
Berkeleybee
http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168
My favorite bit is the one in where the article says about Sensenbrenner
"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."
I very much doubt that he will be swayed by faxes. ;-)
best,
Berkeleybee
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gc_bulgaria
02-12 02:47 PM
I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.
Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).
Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).
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americandesi
07-05 04:38 PM
If you leave US for 2 or 3 years and get back through a new employer, does your I140 priority date still holds good. A friend of mine got his I140 approved, left to canada and got his citizenship. He intends to move back and want to know if he can still use his priority date. Thanks.
I think you meant, I-485 in the first line. Once I-140 is Approved, its valid forever and you can apply for I-485 anytime as long as the PD holds good.
Since he's a canadian citizen he has 3 options to enter US viz. H1, L1 , TN. I would suggest that he enter US with H1 or L1 rather than TN, as the former has immigrant intent while the later doesn't. Applying for I-485 with TN VISA might result in rejection.
I think you meant, I-485 in the first line. Once I-140 is Approved, its valid forever and you can apply for I-485 anytime as long as the PD holds good.
Since he's a canadian citizen he has 3 options to enter US viz. H1, L1 , TN. I would suggest that he enter US with H1 or L1 rather than TN, as the former has immigrant intent while the later doesn't. Applying for I-485 with TN VISA might result in rejection.
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sapota
02-27 11:49 AM
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
Quite interesting statistics. Now we can predict visa bulletins going forward with better accuracy.
Quite interesting statistics. Now we can predict visa bulletins going forward with better accuracy.
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desi3933
09-05 05:53 PM
Thanks, nice reply.
Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?
If I go with C-Corp, shall I liable to $800 as well, any ideas??
What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.
Thanks in advance.
The minimum California franchise tax is the amount a California corp must pay the first quarter of each tax year whether it is active, operates at a loss or does not do business. The current minimum tax is $800.
The $800 tax payment is not due during the corporation's FIRST tax year. The first $800 minimum tax is due on the 15th day of the 4th month of the corporation's SECOND tax year.
Please note that LLCs are liable for the minimum franchise tax in all years (no two year exemption for LLCs).
Please check details with California Franchise Tax Board. The web site is http://www.ftb.ca.gov
*** Disclaimer - This is general info and use it at your own risk *****
____________________________________
Proud Indian American and Legal Immigrant
Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?
If I go with C-Corp, shall I liable to $800 as well, any ideas??
What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.
Thanks in advance.
The minimum California franchise tax is the amount a California corp must pay the first quarter of each tax year whether it is active, operates at a loss or does not do business. The current minimum tax is $800.
The $800 tax payment is not due during the corporation's FIRST tax year. The first $800 minimum tax is due on the 15th day of the 4th month of the corporation's SECOND tax year.
Please note that LLCs are liable for the minimum franchise tax in all years (no two year exemption for LLCs).
Please check details with California Franchise Tax Board. The web site is http://www.ftb.ca.gov
*** Disclaimer - This is general info and use it at your own risk *****
____________________________________
Proud Indian American and Legal Immigrant
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viper673
06-08 11:11 PM
Hi Dingudi,
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
The problem is not the hours I worked as I've always worked legally and within the laws of the University and visa status.
The problem is proving that I filed my taxes, which I did but I can't produce evidence and neither can the IRS.
dipsangel
07-20 09:40 PM
Guys,
I have talked to my lawyer. I am also the victim of the same mistake. My lawyer has filed G-325 for me and my wife instead of G-325 A.
But my lawyer said that his firm has been filing G-325 for quite a while and had no issues with it.
I hope it should not be an issue. The content on both forms is exactly same.
Lets wait and watch.
I have talked to my lawyer. I am also the victim of the same mistake. My lawyer has filed G-325 for me and my wife instead of G-325 A.
But my lawyer said that his firm has been filing G-325 for quite a while and had no issues with it.
I hope it should not be an issue. The content on both forms is exactly same.
Lets wait and watch.
meridiani.planum
02-17 12:44 AM
I have a feeling some good news is round the corner this "Election Year". Lets all keep our fingers crossed for any improvements in the increase of Visa numbers.
what has election year got to do with visa numbers?
what has election year got to do with visa numbers?
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