days_go_by
09-11 10:59 AM
After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.
-----------
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.
-----------
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
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navyug
04-02 12:09 AM
Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..
You are fine as long as your I-140 with Company A is approved. Forget about the H-1B as the denial happened after you applied for adjustment of status. Also advise you not to reply to the 140 query regarding the substitution labor. Allow it to get denied. Yes your priority date will be Nov 2006 but atleast you are sure that you will get your GC eventually (provided you have maintained proper status from now until then). Use your AC21 to a stable company and live peacefully. Just remember to draw more than the promised wages on the labor of Company A until you get your GC.
You are fine as long as your I-140 with Company A is approved. Forget about the H-1B as the denial happened after you applied for adjustment of status. Also advise you not to reply to the 140 query regarding the substitution labor. Allow it to get denied. Yes your priority date will be Nov 2006 but atleast you are sure that you will get your GC eventually (provided you have maintained proper status from now until then). Use your AC21 to a stable company and live peacefully. Just remember to draw more than the promised wages on the labor of Company A until you get your GC.
tnite
07-19 10:14 AM
By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863
For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.
There is nothing to worry about in your friends case.
If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
As a resident tax filer, these are some of the advantages.
I dont understand why your friends are worried about this.
check this out (http://www.irs.gov/taxtopics/tc851.html)
--------------------------------------------------------------------------
Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:
A foreign government–related individual,
A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
A professional athlete temporarily present to compete in a charitable sports event.
-------------------------------------------------------------------------
Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.
For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.
There is nothing to worry about in your friends case.
If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
As a resident tax filer, these are some of the advantages.
I dont understand why your friends are worried about this.
check this out (http://www.irs.gov/taxtopics/tc851.html)
--------------------------------------------------------------------------
Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.
You are considered a resident alien if you met one of two tests for the calendar year.
The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.
The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:
A foreign government–related individual,
A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
A professional athlete temporarily present to compete in a charitable sports event.
-------------------------------------------------------------------------
Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.
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hpandey
08-04 01:07 PM
EB3 - I pending at TSC . RD - Aug 2nd 2007
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when
10-02 02:22 PM
:-|
TigerAmit
09-23 03:07 PM
Dear Guru's
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
I got rejection notice from TSC for a valid I-485 application stating that "A Visa number is not available at the present time".
However, I have two I-140 approved one in EB3 with 10-Nov-2004 as PD and another I-140 in EB2 category with 10-Aug-2007 as PD.
It is evident that Based on 10-Nov-2004 my PD is current and my application highlighted the same in bright cover sheet and my application still got rejected.
based on notice we filed the same application back and this time CC'd to ombudsman emphasizing the same fact for PD.
Its been a week we respond to rejection notice and haven't got either acceptance or rejection letter. and haven't heard back from ombudsman.
I am optimistic and would wait to get the response but I am worried since only 5 business days left before the dates get retrogressed.
I would like to know what actions do I need to take "while the date is current"; so that I can pursue my case further after 9/30/2008.
Is there anyway I can talk to ombudsman office and get personal attention to my case.
Guru's please help me out with your experience and ideas.
more...
Gundark
08-25 05:55 PM
I've got a few more ideas I'd like to try, but It'd be fun to do some that other people suggested. Maybe you need to solicit ideas in random to get more of an audience.
2010 crazy friendship quotes and sayings. crazy friendship quotes and; crazy friendship quotes and. pengu. Oct 26, 11:12 PM. That#39;s basically it.
tikka
05-29 09:08 PM
Donot forget to send the webfax :)
thanks
2750 web faxes have been sent! we are trying to get to 3,000.:)
thanks
2750 web faxes have been sent! we are trying to get to 3,000.:)
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boreal
01-31 06:52 PM
OH boy! USCIS has found a new way of harassing us legal immigrants ;) come on guys! Know how to solve issues. Begin by not creating a thread at IV for such issues. Talk to your utility company folks, see whats happening. Check with your landlord to know why the meter reading is so high..If they have already charge your credit card, dispute it...start by talking with real people on the phone or maybe visit the utility company personally...for God's sake dont show your ignorance like this and give more fodder to SOBs like Matt....please!!
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smsthss
12-18 05:59 PM
I also got 2 soft LUD'S on both mine and my wife's 485. First LUD on 12/15 and second on 12/18. But the case status remains the same "This case is now pending at the office to which it was transferred". My I-140 got approved on dec 6th. Seems like some kind of update is being done on I-485's. Might be FP notices as i have not received my FP notice yet. Not sure..Anybody seen the same pattern ??
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fromnaija
08-31 01:22 PM
I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?
At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744
At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744
hot crazy friendship quotes and sayings. crazy friendship quotes; crazy friendship quotes. jelloshotsrule. May 7, 04:27 PM. Originally posted by scem0
priti8888
01-08 06:02 PM
PD has nothing to do with approval and neither does biometrics. Once you have the reciept date of I-485 that becomes crucial. If that is after what USCIS is procesing then you have to wait like me :).
You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.
Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.
You should keep watching the processing date every month ( it changes usually around midddle of month). If your I-485 reciept date is before the uscis processing date and it has been more than 30 days you can call them to find status of your case.
Not true-Again..When PD is current, case is approved based on RD.But PD has to be CURRENT.
more...
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tdasara
02-11 07:14 PM
I was in the same situation.
My I-94 validity was till the end of my visa which was beyond my passport expiry.
My I-94 validity was till the end of my visa which was beyond my passport expiry.
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dixie
09-17 11:29 AM
What you say is true, but then we do not represent all legal immigrants either .. we are specifically focussed on employment-based permanent residence applicants. We do not want to associate ourselves with family immigration or H1-B visas any more than illegal immigration. Unfortunately, even when ordinary americans think of legal immigration, it is these varieties that spring to the mind. Given the difficulty we already have in getting adequate coverage, changing names mid-stream might cause confusion.
I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.
No offence intended, no flames expected :)
I am not starting this thread to start get any offensive resposnes. I feel that we need to distinguish ourselves from the illegal people and make the American public aware of our issue. How many will understand our current situation by hearing our name? I understand that name change is not a simple process for an org and might involve some paperwork. The website redirection shouldnt be a big deal though. This is not the need of the hour as the core group might be busy working with QGA.
No offence intended, no flames expected :)
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anoopraj2010
07-30 11:11 PM
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
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perm2gc
11-08 07:57 PM
SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
Are you advertising your Law Office on the message board...????
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
Are you advertising your Law Office on the message board...????
more...
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cjain
10-30 05:49 PM
is it from the receipt date or notice date?
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furiouspride
01-12 10:50 PM
This is a serious matter my friend. You should consult a good immigration attorney ASAP.
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boni
03-28 04:22 PM
well I have the same problem as next year I plan to be a full-time student and part-time on job.....my LC is also pending....will it effect GC..Is chanding H1 to part-time doable...what if LC is clear....can it be done later at any time i mean full-time student and part-time job....
@sabbygirl99 Could u pls let me know what course of action u took in this regard.
Has anyone ever seen this scenario before??!
Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.
Is anyone out there like that??? Thanks!!
Sincerely,
Need To Move on With My Life
@sabbygirl99 Could u pls let me know what course of action u took in this regard.
Has anyone ever seen this scenario before??!
Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.
Is anyone out there like that??? Thanks!!
Sincerely,
Need To Move on With My Life
ss1026
04-08 06:10 PM
Hi,
EAD cleared Oct 2007,Fp done Oct, 2007, AP dec12, 2008, recevd jan 12008
No LUDS since sep 19, 2007
db
How does one find out if they had any LUD on their case. Looks like this is a indicator if the case was worked on.
EAD cleared Oct 2007,Fp done Oct, 2007, AP dec12, 2008, recevd jan 12008
No LUDS since sep 19, 2007
db
How does one find out if they had any LUD on their case. Looks like this is a indicator if the case was worked on.
rogerdepena
08-01 11:30 PM
nope... I have my receipt notice that has June 11th on it, but the only system says July 3rd, which is the day they sent my notice :)
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
i guess you're right. in my case, receipt date and online case date for I-140/change of status were the same.
anyway, Nebraska process around 4500 application per day--that includes all kinds of form I-765, I-131, I-140, I-485, etc. assuming that 25% of those are are I-485 then they process 1000-1125 I-485/day. again, assuming 40,000 I-485 are still to be encoded then the average waiting time is 35-40 days. whew, i expect mine first week of september.
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