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  • abhis0
    09-12 01:28 PM
    I called the USCIS customer service and was given the receipt numbers for 485,EAD and AP.The application was put in the system on Sep 8th, Saturday. Checks havent been cashed yet.
    Check my signature for the details. USCIS seems to be working overtime.

    Congrats tnite.

    How did you reach IO level 2? (I thought there is wait for 90 days)

    Do your receipts start with SRC or LIN?




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  • anilsal
    08-05 03:24 PM
    Probably that is what will happen. The last 45 days have been extremely stressful on the applicants and lawyers. I hope USCIS ignores some simple mistakes.




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  • kosu
    08-17 07:47 AM
    My wifes EAD was approved on July 30th. We applied for SSN on 6th of August and she received her SSN on 13th of August. Once you apply for SSN they will give you a letter stating that you have applied for SSN. On that letter it specifically states that you CAN start working and show that letter as a proof to your employer.




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  • helpfriends
    04-15 10:44 AM
    Hi,

    Is it legal to come here and work while waiting for an L1 visa. This person(not myself) arrived on an I-94 Visa waiver with full knowledge, worked during that week while waiting for their L1A non-immigrant application to be approved(week later). Please advise. What are the ramifications of this once its passed or immigration finds out?

    Thank you for your assistance.



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  • GCHope2011
    11-05 08:16 AM
    Please read the editorial from today's WSJ by John Boehner. We should adjust our thinking to this reality and try to eat the elephant one bite at a time. Trying to swallow anything all at once is certainly not John Boehner's idea of legislation.

    ================================================== =====
    I grew up in a small house on a hill in Cincinnati, Ohio, with 11 brothers and sisters. My dad ran a bar, Andy's Caf�, that my grandfather Andrew Boehner opened in 1938. We didn't have much but were thankful for what we had. And we didn't think much about Washington.

    That changed when I got involved with a small business, which I eventually built into a successful enterprise. I saw firsthand how government throws obstacles in the way of job-creation and stifles our prosperity. It prompted me to get involved in my government, and eventually took me to Congress.

    Millions of Americans have had a similar experience. They look at Washington and see an arrogance of power. They see a Congress that doesn't listen, that is ruled by leaders who seem out of touch and dismissive, even disdainful, of the anger that Americans feel toward their government and the challenges they face in an economy struggling to create jobs.

    The political landscape has been permanently reshaped over the past two years. Overreaching by elected officials�in the form of pork-laden "stimulus" spending, permanent bailouts, and policies that force responsible taxpayers to subsidize irresponsible behavior�has awakened something deep in our national character. This has led to a surge of activism by citizens demanding smaller, more accountable government and a repudiation of Washington in Tuesday's elections.

    Tired of politicians who refuse to listen, Americans who previously were not involved or minimally involved in the political process are now helping to drive it. While their backgrounds are as diverse as the country itself, their message to Washington is the same: Government leaders are servants of the people; the people are not servants of their government.

    View Full Image

    David Klein


    The members of the 112th Congress must heed this message if there is to be any hope of repairing the shattered bonds of trust between the American people and their elected leaders. And that begins with the speaker of the House, who as leader of the institution must lead by example.

    Accordingly, there are several steps I believe the next speaker should be prepared to take immediately. Among them:

    � No earmarks. Earmarks have become a symbol of a broken Washington, and an entire lobbying industry has been created around them. The speaker of the House shouldn't use the power of the office to raid the federal Treasury for pork-barrel projects. To the contrary, the speaker should be an advocate for ending the current earmark process, and should adhere to a personal no-earmarks policy that stands as an example for all members of Congress to follow.

    I have maintained a no-earmarks policy throughout my time of service in Congress. I believe the House must adopt a moratorium on all earmarks as a signal of our commitment to ending business as usual in the spending process.

    � Let Americans read bills before they are brought to a vote. The speaker of the House should not allow any bill to come to a vote that has not been posted publicly online for at least three days. Members of Congress and the American people must have the opportunity to read it.

    Similarly, the speaker should insist that every bill include a clause citing where in the Constitution Congress is given the power to pass it. Bills that can't pass this test shouldn't get a vote. House Republicans' new governing agenda, "A Pledge to America," calls for the speaker to implement such reforms immediately.

    � No more "comprehensive" bills. The next speaker should put an end to so-called comprehensive bills with thousands of pages of legislative text that make it easy to hide spending projects and job-killing policies. President Obama's massive "stimulus" and health-care bills, written behind closed doors with minimal public scrutiny, were the last straw for many Americans. The American people are not well-served by "comprehensive," and they are rightly suspicious of the adjective.

    � No more bills written behind closed doors in the speaker's office. Bills should be written by legislators in committee in plain public view. Issues should be advanced one at a time, and the speaker should place an emphasis on smaller, more focused legislation that is properly scrutinized, constitutionally sound, and consistent with Americans' demand for a less-costly, less-intrusive government.

    The speaker of the House, like all members of Congress, is a servant of the American people. The individual entrusted with that high honor and responsibility should act accordingly. A speaker's mission should not be to consolidate power in the speaker's office, but rather to ensure that elected officials uphold their oath to defend the Constitution and the American people we serve. If a speaker carries out that mission successfully, the result should be legislation that better reflects the considerable challenges we face as a nation.

    The American people deserve a majority in Congress that listens to the people, focuses on their priorities and honors their demands for smaller, more accountable government. Accountability starts at the top, in the office of the speaker.

    Mr. Boehner, a congressman representing Ohio's Eighth District since 1991, is the House Republican leader.




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  • madan
    01-11 01:17 PM
    Can you please help me to get the form .

    Can i complete that and send to USCIS?

    Thank You...



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  • jnraajan
    03-14 02:04 PM
    Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.

    Good luck with your job hunt.




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  • ryan
    05-28 05:21 PM
    Hi,

    I have applied for Canadian PR (AINP) and would like to know after getting canadian PR,will it possible for H4 and H1 person to work for Canada based company by staying in US or not?

    I think I am not impacting US labor or anything. I will be working for Canadian company from US. I will be getting Salary / Tax deduction in Canada.

    Thanks,
    Akshay

    The fact you work for a Canadian firm and you're a Canadian resident holder (or a Citizen) is irrelevant. As a full time employee in the United States, you require a work visa - and shall be subject to H1 or other work visa codes. I'm Canadian, and work for a Canadian firm's operations in the US. I require a TN or H1 work visa to work in the US. Hope that clarifies.



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  • jay75
    08-07 01:34 AM
    Received 2 year EAD, with pending I140(EB3 I).




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  • minimalist
    05-21 10:55 AM
    For EAD ,the documentation is pretty simple and straightforward.
    Please goto USCIS site and take a look at I765 form and the associated instructions. Once you spend 15 minutes on that, you will have most questions answered yourself. For the ones you have doubts, please post back.
    Thanks



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  • meridiani.planum
    05-05 04:50 PM
    I wanted to know that what impact does one have for calling IO's multiple times.
    .

    * pain in the fingers
    * worn out buttons on the phone
    * high phone bill (if you call from a cellphone and are billed by the minute)




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  • noboundaries78
    10-09 06:55 PM
    I am not a lawyer, but this is what I can tell (as far as I know):

    1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.

    2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.

    3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.

    4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!

    Good Luck.

    I just went through a job change with an approved I-140 and can tell you that whatever kodur_007 has stated is true from personal experience.

    Its a rather big pain though but that's the fate of an immigrant(specially I or C) in the US.



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  • nixstor
    08-23 12:16 PM
    I see a lot of people flocking into "Orkut". How about incorporating a dose of IV through orkut if some of us are already there? What is more important is, making people aware of the consequences they might have to face, even if they havent filed for their GC yet.




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  • coolfun
    03-31 03:08 AM
    Hi,

    As with many of the people around, my wife got her SSN last year. She has started working as a consultant on 1099 since early Jan 2008. So, there is no issue for the 2007 tax return. However, I have few questions regarding the estimated tax payment this year. Since this is the first time we have come across 1099 based employment, we are very confused about how to pay taxes.

    As her employment is based on 1099, the employer is not deducting any taxes. I got the 1040-ES form from IRS website. These are the specific questions:

    1. Does the Estimated tax voucher need to be sent in joint names? We file joint returns together but I work on W-2 and she works on 1099.

    2. Does 1040-ES form need to be used for all the estimated Federal payments (Federal Tax + SSN Tax + Medicare Tax)? Or there are separate forms for sending the SSN and Medicare taxes?

    3. I live in California so I will need to use 540-ES as well for the CA state tax payment, correct?

    Thanks a lot for your help.

    Regards.



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  • jkays94
    05-17 07:33 PM
    My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.

    The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.


    Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc

    Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :

    In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.

    While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :

    Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
    A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.

    Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.




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  • chantu
    08-21 06:17 PM
    Of course you can work. Sometimes I worked extra 10 hrs/week and max I did was 20hrs/week. It is good to have more money than your LCA amount.

    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.



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  • EndlessWait
    02-21 04:49 PM
    Hi:

    I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:

    Please submit documentary evidence that you, the petitioning employer, have the financial
    ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
    have this financial capability on the date you fied the ETA with the Department of Labor and
    cover up until the visa is issued. The petitioner may submit evidence that their net income is
    equal to or greater than the proffered wage, evidence that the petitioner's net current assets
    are equal to or greater than the proffered wage, or evidence that the petitioner not only is
    employing the beneficiary but also has paid or is currently paying the proffered wage. The
    service wil also consider copies of audited annual reports of the employer, or copies of
    audited financial statements of the employer. Evidence is needed for 2002-2003.

    Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.


    sorry to burst the bubble..this is v hard. i'd a friend worked for a small company and was denied 140. if you filed for 10-15 ppl company chances are u will face the prob.

    i'd suggest u file a fresh labor. uscis is v strict these days and will scrutinize.
    well its all these body shop companies who have created this mess.




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  • AK_GC
    07-22 02:42 PM
    Or can we work on EAD and let the H1B lapse. The employer is the same. Thanks for the information!




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  • number30
    10-31 04:06 PM
    Hello Number30,

    For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.

    You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.


    Yes I thought the same.
    I am asking this because i did a tax return for one of my friend. He got EIC. But Questionire is not asking for residency status. But was asking like Were you a U.S. citizen or resident alien for all of year?
    That year he was laid off and had very little income So he took the money.

    Hope he will not have any trouble.




    patiently_waiting
    09-25 07:21 PM
    :) Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?

    Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).




    jingi1234
    08-19 05:30 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi



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