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  • glus
    05-31 09:18 AM
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  • natrajs
    03-13 10:17 AM
    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)

    Congrats and Best Wishes , After a Long wait !!




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  • gman
    03-19 10:04 PM
    That's just like any other transactions. There is no sales tax for real este transactions. There maybe long or short term gains depending on how the house was acquired. Once you are filing as a permanent resident for tax reasons, EAD, AP, H1 etc, do not matter. Bottom line you pay taxes on income (whether short term or long term gain and other rule) and it has no bearing on the details of your legal status.




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  • Prashanthi
    12-03 05:13 PM
    I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.


    Visa Availability Date Regression
    If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.



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  • reddy77
    09-26 12:21 PM
    Applied on July18th NSC , got the receipts, but no update on AP or EAD, No LUD's too ..




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  • monicasgupta
    11-16 11:17 AM
    I talked to Murthy about the same code but they replied that it is ok if the codes are different but the job duties matter which determine the code.

    "In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification."

    Read this at http://murthy.com/news/UDac21qa.html

    monica



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  • BPforGC
    05-11 01:51 PM
    This guy has no clue on anything...

    He says he gets back after talking to the 'subject experts'....

    A senator clearly asked him what to do on backlogs. If he has an iota of knowledge and real interest in immigration, he should have told to increase visa numbers, eliminate country limit and recapture legislation. All he said was he will get back to them and this opportunity has gone into thin air....

    So, this statement clearly epitomizes why USCIS is an inefficient and hopeless agency. They talk too much, think less and do nothing.

    Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.

    Out of 10+ members of Judiciary committee, only two to three really care about an agency that is trying to work on legal immigration and present for this hearing. Talk about illegal immigration, every one will start running out of their beds with their pants down to get attention... this is really disconcerting.

    The whole hearing is a time waste for everyone. It did not achieve anything except patting each others back. Disgusting...




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  • brb2
    08-06 01:22 PM
    Honorable Senator Specter

    Did you know that during the immigration debates, the most shrill voices against �immigration reform� (legitimizing illegal immigrants) was by legal immigrants who are living here in the US, and waiting for green cards, while their spouses are not allowed to work (half a million at the most recent count). Others who were against the reforms were immigrants who came here legally after waiting years, and are now green card holders. Democrats and liberal Republican senators have shown no empathy for legal immigrants and US citizens in their zeal for legalizing illegal immigrants through "immigration reform". I was not surprised to see just a single statement in your article, at the far end (probably as an afterthought) about green cards for legal skilled immigrants. Over 350,000 legal immigrants (99%) of who have nothing to do with crime are stuck in FBI name checks, and are unable to naturalize. Another 500,000 highly skilled legal immigrants (Doctors, Engineers etc) most of whom studied in the US, are stuck in retrogression (from countries such as India, China, Philippines etc). These legal immigrants are not even on your radar, even as Senators such as yourself, Ms. Diane Feinstein and others loose no opportunity to try to provide amnesty for the 12 million people who crossed over the border with scant regard for US law. You want to reward these people ahead of any �reform� for legal skilled workers. So much for President Bush�s statement about �putting these undocumented workers at the back of the line�. I don't think the American citizens will ever buy this lopsided reform. Genuine Border control is being held up as bait, for legalizing 12 million people. Please attend to border control and solve legacy problems of legal skilled immigrants already in the US, before doing anything on legalizing �undocumented workers�. Why is this so hard for our honorable congressmen and women to understand?

    Lastly neither USCIS nor the FBI is able to timely service the legal immigrants already here, how do you propose to process the illegal immigrants without causing huge delays for those who played by the rules?



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  • chnaveen
    07-07 05:11 PM
    friends,

    We are in a process of divorce . Last year I filed employment based 485 with my wife as depended. Now we both have EAD and she is working under EAD. If we divorce while 485 is pending who go out of status? Me or my wife? Is both 485 will be canceled? Or both are safe. If I marry again is it possible to bring my new wife under my filed 485 petition?

    Thanks for your help.
    balan
    I485 Filed on July 2, 2007.

    Who ever is dependent, they have to be in the relationship with the Primary until the GC is approved. If the relationship gets broken before the GC approval, the dependent's GC will be denied. But again, if the USCIS is not aware of the divorce and no RFE's then even the dependent also gets approved. But one should always inform USCIS about their change in Status, it may be an Address Change, Employer Change, Marital Status change.
    The Primary's GC application will not be affected with the Divorce.




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  • sk.aggarwal
    11-11 08:03 PM
    I have never heard about this before, but if I were you I would:
    1. Immediately request transcripts from college in sealed envelope, exactly as requested.
    2. I dont think sending notarized copies will work, because notaries normally dont attest document, owner of the document does that and they just say that it is your signature. As per my understanding you will need to send the originals as requested. But with it you can safely send a letter asking them to send the documents back. Include a prepaid fedex envelop.

    Worst case, they will loose these documents but you can get them reissued from university. But if you dont send documents as requested your application could be denied.

    Its amazing the extent USCIS will go to make our lives tough



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  • h1techSlave
    10-01 11:02 AM
    I just wanted to point out that a delayed FBI name check is useless any way.

    If the purpose of the name check is to identify criminals, that process must be completed within a few hours. If the checking process takes more than 24 hours, than what is the use of the check?

    Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.

    I think the system was originally designed to check the names of people outside the country. In that case, a delay is not at all harmful.




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  • fromnaija
    09-22 05:55 PM
    Is it possible to include "allow filing 485" if labor has been pending for 2+ years?

    Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.

    I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.

    But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.

    I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.



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  • ingegarcia
    08-29 02:53 PM
    ................Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.

    I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.




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  • amsgc
    03-31 02:53 PM
    I have a somewat similar situation, here goes:

    Myself: "Resident Alien for Tax purposes" for 2007.

    My wife: Before we got married last year, she was on J1 (> 6 months)
    Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.

    The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).

    My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.

    You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.

    If others have dealt with a similar situation, please advise.

    Thanks.

    Ams





    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?



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  • gc_chahiye
    08-06 04:23 PM
    Interesting analysis.

    I found an additional prediction on this link http://www.murthy.com/news/n_oct07vb.html

    The OP here has found a pattern that builds on that same prediction, and should extend into 2008. If that pattern holds its 6 month jumps initially, then stagnation later by 2nd quarter. Lets see if it does.

    Of course if 10K people do show up at the DC rally, then none of this might be needed. If enough senators can be convinced that what we are facing is really a big problem and easily fixable (atleast recapture of 200K visas and exemption of dependents if not a bump up in annual limits) then the dates will be C C all through 2008.

    All the east-coasters who saw the effect of the San Jose rally: its your turn now to up the ante and go one step ahead. The results of not showing up for that rally is literally a guarantee that only a tiny percentage of us will get I-485 approvals for the next two years!!! and things might improve even with a new president ONLY if we rally then! think about that!! not doing anything is a guarantee of long long waits...

    San Jose rally allowed everyone to file I-485 the DC rally could help everyone get timely approvals!!




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  • ushkand
    10-10 11:55 AM
    If 1099 is not acceptable with client, what is the the easiest way to go forward, assuming no intent of other employees?

    I think LLC is the only option ( if I dont want to go towards C-Cop ). How long does it take to set that up? What setps? What are the expenses involved other than one time registration fee?

    LLC is the easier option of the two with minimal paperwork involved and should be fairly simple to setup. I can only speak for Texas where LLC registration fee is $300 - so relatively your state fees should be around this amount.

    There are some issues to consider when doing corp-to-corp -
    -Liability insurance - Client will expect your company to carry up to $2M liability insurance (depending on the client).
    -Employment tax which comes to 15.3% (Social security & Medicare) - compared to 7% which you would currently paying since you will responsible for the employers portion as well since you will be self-employed.

    There may be other issues that I am not familiar with.



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  • GCDelay
    11-30 11:22 AM
    bump




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  • webr
    01-24 04:29 PM
    In 2010 - around 20K visa is issued in EB2 and around 3K in EB3...

    Does anyone know the exact demands for each year from 2005 ,2006,2007,2008, 2009 ,2010,2011 -- then it will give clear picture .




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  • immigrationmatters30
    06-14 12:43 PM
    Sorry to say this but there are very few memebers on this forum without EAD. I think this website existed for a while but only came to life when dates became current in 2007. You can notice that most memebers here are with EAD when you see the number responses you get for EAD/AP related threads Vs H1B. Open an H1B thread and notice how quick that gets buried. But that will soon change, when most memebers with EAD get their green card they will hopefully be replaced by newer, non-EAD memebers and then we will have one united community(H1B, non-EAD,temporary workers). FYI, no EAD for me as well.




    Rajeev
    08-11 08:22 AM
    does it have any impact, if a lot of people vote this bill on this site?
    Also, there is no time lines on when its going to be set for voting in House.

    It will definitely have an impact, but surprisingly very few persons are interested in pursuing this.




    lost_in_migration
    05-14 09:34 PM
    /\/\



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