amitga
04-27 06:00 PM
Hagel Introduces Legislation to Deal with Illegal Immigrants Living in the U.S.
So, on the Illegal side we have:
Senate Bill: Hagel with The Immigrant Accountability Act of 2007
House Bill: Flake with the STRIVE
On the Legal and High-Tech side we have:
Senate Bill: Cornyn with SKIL Bill
House Bill: Shadegg with SKIL Bill
Senate Discussion: Last two weeks of May 2007.
Let the engines start.
Are they going to discuss all the bills in last week of May or just the Hagel Bill.
So, on the Illegal side we have:
Senate Bill: Hagel with The Immigrant Accountability Act of 2007
House Bill: Flake with the STRIVE
On the Legal and High-Tech side we have:
Senate Bill: Cornyn with SKIL Bill
House Bill: Shadegg with SKIL Bill
Senate Discussion: Last two weeks of May 2007.
Let the engines start.
Are they going to discuss all the bills in last week of May or just the Hagel Bill.
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bach007
12-03 06:26 AM
What your lawyer says in incorrect. I have had my visa stamped successfully only for 3 months validity in the past. Even this time I have only 2 months left (until Feb 2008) but am still going for stamping. So do not worry. As long as you have one more day left, you can get it stamped. Good luck.
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
I would very much appreciate if I could get your input in the following situation.
I have plans to travel on 7th Dec but am still waiting for my AP. The AP was aproved on 6th Nov along with my spouse's AP on the same date. He got his AP (thru lawyer) about 10 days back, but I did not receive it. Chances look bleak that I will get AP before 4th Dec (by which date I need to cancel my tickets to get a refund). However, I have a I-797 which is valid till Mar 2008. I wanted to use that to get H1 stamping in India, but when I spoke to my Lawyer, I was told that I cannot do so beacuse the 797 is expiring in 3 months.
If you have a recent experience of getting H1 stamped with your I797 expiring in a few months please do reply.
Friend
02-18 10:21 PM
Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
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Indo-Canadian
08-30 08:23 PM
Can somebody tell me what are the chances of getting audited if PERM is applied in the next week or so? My lawyer is not Fragoman.
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tikka
06-22 09:30 AM
My laywer has adviced me that the skin test is mandatory
The Tb (skin test) is mandatory..
The Tb (skin test) is mandatory..
Marphad
01-12 12:21 PM
I concur with you, Marphad.
Its illegal to mail passport cross border.
My bad! You are right.
Its illegal to mail passport cross border.
My bad! You are right.
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clazale
04-07 03:26 PM
http://www..com/discussion-forums/i485-1/28005017/
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
I am trying to get TSC to accept my cross-chargeability without much luck. I would really appreciate it if you could spare few mins to answer a few questions:
1. Will an infopass appointment help or a call to customer service help?
2. Do you have the format of the letter sent by your congresswomen's office?
3. Is it better if my lawyer requests the congressman's office or should i do it?
4. If i speak to my congressmans office, should i inform my attorney? I hope the letters sent by the congressmans office do not undo any work my attorney might have done.
5. How do we know that cross chargeability has been accepted. Does USCIS always send a letter informing that they have accepted the request for cross-chargeability?
Any help is really appreciated.
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
I am trying to get TSC to accept my cross-chargeability without much luck. I would really appreciate it if you could spare few mins to answer a few questions:
1. Will an infopass appointment help or a call to customer service help?
2. Do you have the format of the letter sent by your congresswomen's office?
3. Is it better if my lawyer requests the congressman's office or should i do it?
4. If i speak to my congressmans office, should i inform my attorney? I hope the letters sent by the congressmans office do not undo any work my attorney might have done.
5. How do we know that cross chargeability has been accepted. Does USCIS always send a letter informing that they have accepted the request for cross-chargeability?
Any help is really appreciated.
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ruchigup
08-22 04:16 PM
Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
Yes my employer is supportive with respect to not revoking I-140.
Yes my employer is supportive with respect to not revoking I-140.
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pappu
05-20 08:31 PM
Good post
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gc4me
07-05 07:53 PM
My f^$%@ desi employer did not provide me the letter. I was eligible to file I-485 in june itself. Now, If I want to change my employer and port my PD, how can I do that? I don't have I-140 approval copy and my company and his attorney will not provide it to me. I have the receipt#. Can anyone here has port PD using the I-140 receipt #. Please post your reply and save me from a blood suc^#@ monoster. I have lost my sleep .....completely...please help me.
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santb1975
02-15 11:45 AM
After a friendly bump to No.Cal
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fide_champ
06-25 04:14 PM
My lawyer claims she seems to be getting all the information from USCIS and Aila but i cannot believe that she missed this simple one. They don't even realize how it can screw people's careers. If i don't get the application back within 2 weeks, i am screwed forever.
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seekerofpeace
07-20 08:12 AM
I asked my lawyer specifically about this W2/bank statement/tax forms etc...All he needed was a employment verification letter.
He won't send items which are not needed. Sending extra items doesn't improve or better your chances..................send them what they need if there is an RFE then only you are supposed to send supplementary documents.
He won't send items which are not needed. Sending extra items doesn't improve or better your chances..................send them what they need if there is an RFE then only you are supposed to send supplementary documents.
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mrdelhiite
08-07 10:42 AM
You also need to include the filled in Form I-134.
http://www.uscis.gov/files/form/i-134.pdf
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
http://www.uscis.gov/files/form/i-134.pdf
if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??
Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.
Thanks
-M
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sam2006
01-21 05:02 PM
Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
True
All they care is catch a Desi Consultant and fake the resume So sad !!!!
The worst part many working pros who know of these issues hardly make an effort to work on a solution.
Either stay mum or fight for..IV members are the latter
True
All they care is catch a Desi Consultant and fake the resume So sad !!!!
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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.
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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desi3933
02-18 07:55 PM
One of my close friend and her husband both had Greencard. She delivered baby in India in 2002. They were not able to get their son to US. They tried visitors visa for the baby but the consulate rejected the visa. The baby is still in India with his grandparents. They filed for his greencard (family based). They are counting days to get their son to US. He is already 6 years old. It is very tough for the parents and kid. I am not sure about the other options that people has mentioned. But I see my friend family directly who are facing this problem. I don't think it is a good idea.
Parents must have made a trip to US without kid. The rule is very clear. It must be parents' first trip back to US with the kid.
Parents must have made a trip to US without kid. The rule is very clear. It must be parents' first trip back to US with the kid.
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govind440
08-29 10:28 PM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
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h1b_holder
03-15 11:20 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.
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.
theperm
02-08 11:02 PM
Why would you marry in such haste & go through the trauma of not know whats going to happen i he goes to jail for the next 18 months?? why not wait until his jail issue is over ?? I am no one to judge you & mean no harm but have u thought this through ????
fcres
08-14 03:37 PM
I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.
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