akred
07-07 11:03 PM
Yes, as long as you meet these conditions -
1. You lived in the US for 183+ days in the tax year or
2. You lived in the US for a total of 183+ days in the tax year and the previous two tax years, counting 1/2 of the days for the previous tax year and 1/3rd of the days for the tax year before that one.
1. You lived in the US for 183+ days in the tax year or
2. You lived in the US for a total of 183+ days in the tax year and the previous two tax years, counting 1/2 of the days for the previous tax year and 1/3rd of the days for the tax year before that one.
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kirupa
12-02 04:58 PM
Congrats Phat :) I will have these entries added to the kirupaLab sometime by the end of this week!
martinvisalaw
04-02 01:18 PM
As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.
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gimme_GC2006
09-13 06:50 PM
Lets get statistics on numbers on pending I-485 application for EB2-India by year of PD.
My PD is Aug 06 .. post yours :-)
good..poll...I hope every one votes..
{ Gave you a green }
My PD is Aug 06 .. post yours :-)
good..poll...I hope every one votes..
{ Gave you a green }
more...
sweet_jungle
09-16 04:11 PM
Bump
I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?
I am a July 2 filer. I got 485 receipt notice from California Service Center with receipt date of july 2. Today, in mail, I got another notice called transfer notice, which states that my case has been transferred to Nebraska. The receipt date on the transfer notice is Sep 5. Is it nromal to have such diferent receipt dates? Will USCIS process by receipt date on receipt notice or on transfer notice?
swita
03-25 06:32 PM
@sk.aggarwal: Can you please clarify what you meant. Can i go on a vacation after my perm is filed and then when I come back can I recapture my time and then file for extension ?
Also Do you know this from any lawyer ?
Also Do you know this from any lawyer ?
more...
letstalklc
09-01 03:37 PM
Congratulations....There are cases that prior to your PD and waiting....you are really lucky....
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ken
04-08 03:25 PM
Is there anyone who is in similar situation?..
more...
manderson
01-19 07:41 AM
Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?
http://www..com/usa-immigration-trackers/i140-graph/
http://www..com/usa-immigration-trackers/i140-graph/
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nvmurali
06-02 02:40 PM
Hi,
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
more...
chanduv23
06-08 07:20 AM
I have a NY lisence and it says on top "Temp visitor, expires 05/29/2010" which is the date on my i 94. So around that time I have to go get that extended to whatever temporary date my status gets extended. What a pain.
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24fps
02-23 11:05 PM
hmmn, i am seeing a HUGE jump in H1b cancellations in this forum, maybe there should be a separate thread dedicated to the cancellations so we can deduce some pattern or trend.
more...
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pani_6
08-17 04:01 PM
Why not FedEx?
fedex des not deliver to PO boxes
fedex des not deliver to PO boxes
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eers
07-17 11:03 PM
if u go to the doc, they will perform the the tests that are ok to perform..
Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.
Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.
I went through same thing..
Will the case be accepted with this partial report-- It will be.
Will there be an RFE? -- i dont know.. may be
Check with doc if they will accept the test results (PAP , HIV , etc) from your obgyns office. These tests are already done during initial stages of pregnancy.
Finally the doc will add a note to the medical report that some tests/shots are omited due to pregnancy.
I went through same thing..
Will the case be accepted with this partial report-- It will be.
Will there be an RFE? -- i dont know.. may be
more...
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anurakt
12-19 10:26 PM
Tristate chapter meeting
CT state chapter invites its CT members and members in
NY and NJ areas to attend the chapter meeting this
Sunday 24 Dec, 11 AM in Stamford, CT mall.
We would like to meet and discuss our agenda and
action items.
Venue- Stamford Mall central area. (there are steps,
piano and christmas decorations). You can easily find
it. 100 Greyrock Place Stamford, CT 06901
Directions:
http://www.shopstamfordtowncenter.com/infodesk/directions.html
It is also accessable by trian from New York city. You
can take the metro north train to Stamford. It takes
40 minutes by train from NYC Grand Central Station.
Date and Time: 11 AM, sunday 24 Dec.
Organizer: Anurakt, CT state chapter. Contact phone : Please send me a private message for phone number.
Several CT and NJ members have already told us they
are attending. It will be great to meet everyone. I
look forward to seeing you there.
Anurakt
CT state chapter invites its CT members and members in
NY and NJ areas to attend the chapter meeting this
Sunday 24 Dec, 11 AM in Stamford, CT mall.
We would like to meet and discuss our agenda and
action items.
Venue- Stamford Mall central area. (there are steps,
piano and christmas decorations). You can easily find
it. 100 Greyrock Place Stamford, CT 06901
Directions:
http://www.shopstamfordtowncenter.com/infodesk/directions.html
It is also accessable by trian from New York city. You
can take the metro north train to Stamford. It takes
40 minutes by train from NYC Grand Central Station.
Date and Time: 11 AM, sunday 24 Dec.
Organizer: Anurakt, CT state chapter. Contact phone : Please send me a private message for phone number.
Several CT and NJ members have already told us they
are attending. It will be great to meet everyone. I
look forward to seeing you there.
Anurakt
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amits
12-18 10:38 PM
Hi All,
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
Me and my wife are traveling to India. We are going for visa re-stamping (consular processing).
Based on the information provided below, can you provide lists of forms/docs that we're supposed to carry with us when we visit the consulate for stamping?
THANKS IN ADVANCE!
- Amit
My visa:
- I entered on H1B. Then I had to change employer so visa was transfered (And they extended it for another 2.5years). So now I have a H1B visa which is valid till June 2009, and passport with expired H1B stamp.
- With the new employer - I've an approved PERM. I140 is pending. I485 is filed. EAD received. Do I need to take approval notices and/or receipt notices of any/all of these stages?
My Wife's visa:
- she entered on H4. Now she has a H1B visa which is valid up 2010, and passport with expired H4 stamp.
Is she required to take approval notices and/or receipt notices of i485.. or my PERM or i140?
more...
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rahul2699
05-19 12:18 PM
Ok thanks, is this a full 12 months with entry to the US, as I have been travelling into the US on the odd weekend for personal trips. Not sure if that would impact on the 12 month time period or not.
it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification
it is believed to be 12 months outside US which can be interpreted as 12 months with no trips to US however please check with an immigration attorney. It seems like you may need a quick session to get clarification
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Jaime
02-03 04:56 PM
Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
Thanks! And no, I have not gotten my green card, not even close!!
However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?
1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.
The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.
2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.
If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.
If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.
So the answer is, it depends.
4- Are I-140 and I-485 still being filed concurrently?
Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.
Hope this helps!
Thanks! And no, I have not gotten my green card, not even close!!
However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?
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sonu_Aug_2002
07-13 11:39 AM
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
Please consult an attorney.
yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
uumapathi
08-19 08:59 AM
My wife just got her EAD yesteday and it was for 2 years. I am expecting mine today and I hope it will be for 2 years as well and interestingly, my I140 is still pending.
desi3933
03-15 06:59 AM
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
_______________________
Not a legal advice.
US citizen of Indian origin
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
_______________________
Not a legal advice.
US citizen of Indian origin
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