apatel_17
07-11 02:51 PM
They will not get I-94 for more than 6 months. You need to do following things to claim them as dependet(s) -
1. Extend their stay beyond I-94 i.e. 6 months.
2. Get ITIN number for them. (I am not sure how you get it on B1/B2)
This is the primary reason, immigration does not give more than 6 months I-94 on B1/B2 and avoid extending their stay....even if those are genuine reason(s).
My parents only stay here for about 170 days/year. Though, for every 30 days they stayed here last year, I can count 10 days towards their substantial presence in the US this year. That's how they can pass substantial presence without staying more than 180 days any single year. And B1/B2 visa holders can get ITINs. Undocumented immigrants who had no visas, in many states could use their ITINs to get Driver Licenses. IRS recently cracked down on this practice and asked all agencies to stop accepting ITINs as a form of identification and also made it harder to get an ITIN, but visa holders can get one. You may need to take the applicant (with their valid passport and visa) to an IRS office for verification. They can then accept the form in person, and return you a stamped copy of the application
1. Extend their stay beyond I-94 i.e. 6 months.
2. Get ITIN number for them. (I am not sure how you get it on B1/B2)
This is the primary reason, immigration does not give more than 6 months I-94 on B1/B2 and avoid extending their stay....even if those are genuine reason(s).
My parents only stay here for about 170 days/year. Though, for every 30 days they stayed here last year, I can count 10 days towards their substantial presence in the US this year. That's how they can pass substantial presence without staying more than 180 days any single year. And B1/B2 visa holders can get ITINs. Undocumented immigrants who had no visas, in many states could use their ITINs to get Driver Licenses. IRS recently cracked down on this practice and asked all agencies to stop accepting ITINs as a form of identification and also made it harder to get an ITIN, but visa holders can get one. You may need to take the applicant (with their valid passport and visa) to an IRS office for verification. They can then accept the form in person, and return you a stamped copy of the application
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soma
02-13 04:12 PM
hi,
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
You can find the letter formats in the following thread.
http://immigrationvoice.org/forum/showthread.php?t=16506
You will find most of the information regarding the letter campaign out there....
where is the format and what words to use and to whom we have to address. i am not on IV website all thru the day, so, i am missing the great chunk of information by evening i log in. can anyone guide me thru the process, i am willing to hand written the letter. i have seen several threads on this admin fix / letters campaign; but to be honest, i could not find anything than asking members to write letters.
thanks for the help.
You can find the letter formats in the following thread.
http://immigrationvoice.org/forum/showthread.php?t=16506
You will find most of the information regarding the letter campaign out there....
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sk2009
03-25 11:56 AM
17th Feb LUD is for everyone that is system update
my case
applied on 14th Nov 2007( 8th Yr ext Vermont Regular Processing)
Soft LUD on 17th Feb 2008
LUD on 7th March with Approved status
Thanks
my case
applied on 14th Nov 2007( 8th Yr ext Vermont Regular Processing)
Soft LUD on 17th Feb 2008
LUD on 7th March with Approved status
Thanks
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kondur_007
08-21 12:24 PM
Kondur, based on your signature, you have 3 active applications in the system. I understand EB1A, thats you sponsering yourself and no labor needed. EB2 with PD 02/08 is employer filed with PERM and I140 and whole nine yards. if I understand it right, EB2 NIW is also something an employer should sponser (or atleast help you with some documentation) and you file I-140 directly like EB1A. I know parallel applications are OK and EB2-NIW or EB1A are surely faster. but is there any reason behind that many applications at same time (other than increasing your probability of atleast one going thru?)..
There is a reason for multiple I 140s in my case. There are benefits to each of them:
1. EB2 PERM based: already have it approved.
Benefit: already approved. Lock the PD.
Disadvantage: Not current. Upon approval you have to work for the sponsoring employer.
2. EB2 NIW:
Benefit: No committment to work for a particular employer. Just work in the same field as NIW. Easier to get approved than EB1. Not sponsored by employer; self petition. Attorney files it with no extra charge with EB1 (only additional filing fees)
Disadvantage: not current.
3. EB1A (My best bet!)
Benefit: Current and will remain current. Upon approval no need to works for a particular employer; just stay in the same field. Not employer sponsored.
Disadvantage: Very difficult to get approved.
Hope this clarifies....
There is a reason for multiple I 140s in my case. There are benefits to each of them:
1. EB2 PERM based: already have it approved.
Benefit: already approved. Lock the PD.
Disadvantage: Not current. Upon approval you have to work for the sponsoring employer.
2. EB2 NIW:
Benefit: No committment to work for a particular employer. Just work in the same field as NIW. Easier to get approved than EB1. Not sponsored by employer; self petition. Attorney files it with no extra charge with EB1 (only additional filing fees)
Disadvantage: not current.
3. EB1A (My best bet!)
Benefit: Current and will remain current. Upon approval no need to works for a particular employer; just stay in the same field. Not employer sponsored.
Disadvantage: Very difficult to get approved.
Hope this clarifies....
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Maverick1
12-11 11:25 AM
I missed the train too.. I guess we missed on purpose which is we make RICH in our own country in the future
Business as Usual. They are minting (milking) money with other services.
Damn H1, GC,#$%#$%$%$%^%$^
All MNC's are flocking to INDIA lately. I think I am sitting on the wrong continent :-)
Quotes on INDIA:
a is the cradle of the human race, the birthplace of human speech, the mother of history, the grandmother of legend and the great grand mother of tradition.� - American Writer and Humorist Mark Twain
�If there is one place on the face of earth where all dreams of living men have found a home from the very earliest days when man began the dream of existence, it is India.� - French scholar Romain Rolland
�India conquered and dominated China culturally for 20 centuries without ever having to send a single soldier across her border.� - Hu Shih (Former Chinese ambassador to USA, referring to the entry of Buddhism into China. Buddhism was born in ancient India).
So far as I am able to judge, nothing has been left undone, either by man or nature, to make India the most extraordinary country that the sun visits on his rounds. Nothing seems to have been forgotten, nothing overlooked.�- Mark Twain
�In India I found a race of mortals living upon the Earth. but not adhering to it. Inhabiting cities, but not being fixed to them, possessing everything but possessed by nothing.�- Apollonius Tyanaeus, Greek Thinker and Traveller 1st Century AD
�Bear in mind that the commerce of India is the commerce of the world and � he who can exclusively command it is the dictator of Europe.�- Peter the Great of Russia [LOOKS LIKE WE ARE GETTING THERE WITH IT]
EB2- 10/05
EB1 EA Appeal pending
Why are you applying in EB1 then ?
Business as Usual. They are minting (milking) money with other services.
Damn H1, GC,#$%#$%$%$%^%$^
All MNC's are flocking to INDIA lately. I think I am sitting on the wrong continent :-)
Quotes on INDIA:
a is the cradle of the human race, the birthplace of human speech, the mother of history, the grandmother of legend and the great grand mother of tradition.� - American Writer and Humorist Mark Twain
�If there is one place on the face of earth where all dreams of living men have found a home from the very earliest days when man began the dream of existence, it is India.� - French scholar Romain Rolland
�India conquered and dominated China culturally for 20 centuries without ever having to send a single soldier across her border.� - Hu Shih (Former Chinese ambassador to USA, referring to the entry of Buddhism into China. Buddhism was born in ancient India).
So far as I am able to judge, nothing has been left undone, either by man or nature, to make India the most extraordinary country that the sun visits on his rounds. Nothing seems to have been forgotten, nothing overlooked.�- Mark Twain
�In India I found a race of mortals living upon the Earth. but not adhering to it. Inhabiting cities, but not being fixed to them, possessing everything but possessed by nothing.�- Apollonius Tyanaeus, Greek Thinker and Traveller 1st Century AD
�Bear in mind that the commerce of India is the commerce of the world and � he who can exclusively command it is the dictator of Europe.�- Peter the Great of Russia [LOOKS LIKE WE ARE GETTING THERE WITH IT]
EB2- 10/05
EB1 EA Appeal pending
Why are you applying in EB1 then ?
alterego
10-05 02:02 PM
I received IRS tax audit check for year 2005 last week. I guess mostly I can defend my audit and I have scheduled an appointment with IRS tax manager for next week
However god forbid if I have to pay penalty on audit,I was wondering this would impact anything on my 485 process. Does it have any impact
Appreciate your thoughts.
If anyone faced this problem please, please give ur ideas
Most audits are routine, once you can back up your claims with paper records/receipts you will be OK, but consult with your CPA and be ready to address the points raised.
Unless you have been found to commit criminal fraud, it should not affect your green card petition. Small penalties and the like have no effect. Last year I had to pay a small penalty because I underestimated my taxes deducted during the year.
You are getting an audit for the 2005 year now? I would have thought they would have moved on by now. Did you take an extension and file late last year?
However god forbid if I have to pay penalty on audit,I was wondering this would impact anything on my 485 process. Does it have any impact
Appreciate your thoughts.
If anyone faced this problem please, please give ur ideas
Most audits are routine, once you can back up your claims with paper records/receipts you will be OK, but consult with your CPA and be ready to address the points raised.
Unless you have been found to commit criminal fraud, it should not affect your green card petition. Small penalties and the like have no effect. Last year I had to pay a small penalty because I underestimated my taxes deducted during the year.
You are getting an audit for the 2005 year now? I would have thought they would have moved on by now. Did you take an extension and file late last year?
more...
Googler
07-19 07:06 PM
Not to belittle your suffering in any way, but when I saw this thread I thought it was someone being funny -- Asking that IV should fix the system, get everyone greencards AND start a service while they are at it! :D
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bharani
10-02 10:57 AM
IMHO If you have money save it for future payments(atleast a year's payments). If you lose job, this money will help make your payments.
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Lasantha
06-25 12:32 PM
What will be my status after i file my I485?
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
Your status has nothing to do with that. If you say that your H1B is good till April 2008, then you are in status till then
My current I-94 will expire on 16th Sep 2007 (on the day my current visa stamp in my passport expires and my current H1 B is set to expire Mid April 2008).
I am planning to make a trip to Cannda or someplace to get a new I-94 as soon as i get my new passport (i had sent it for renewal on june 2nd). But i am a little worried about my status if i am unable to make the trip.
So my question is what will be my status after 16th sep 2007 (once i file for I485 (first week of July2007) and my I-94 expires on 16th Sep 2007)?
Appreciate any responses ...
Your status has nothing to do with that. If you say that your H1B is good till April 2008, then you are in status till then
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designserve
01-27 02:40 PM
Go to this page :
Committee on Judiciary Subcommittee Jurisdiction (http://judiciary.house.gov/about/subcommittee.html)
Committee on Judiciary Subcommittee Jurisdiction (http://judiciary.house.gov/about/subcommittee.html)
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vidyas_m
03-31 01:07 PM
Very well written letter. However If you agree here is something I feel should be updated.
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
Done!
However, I agree with vdesai_8's corrections and I believe that it would be good to make those corrections in the letter. Thank you!
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
Done!
However, I agree with vdesai_8's corrections and I believe that it would be good to make those corrections in the letter. Thank you!
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jnicklo
04-17 11:36 PM
OK lets pretend Mr Stiffer is not here and get back on topic.
I definately feel that IF the talent is there a 15 year old can get a part time design job. :)
I definately feel that IF the talent is there a 15 year old can get a part time design job. :)
more...
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learning01
05-26 07:56 AM
28.
16 Republicans and 12 Democrats.
Here is the Chicago Tribune editorial on the Senate CIR bill.
The Senate's better vision
Published May 26, 2006
.............
The Senate on a 62-36 vote Thursday approved a far better plan.
...................
This issue is too important for such heavy-handed partisanship. If the House fails to compromise to get an immigration law, it will reinforce the broad public impression that this GOP-led Congress can't get anything done.
..................
Against long odds, the Senate has produced a comprehensive immigration bill that looks beyond the House's one-dimensional solution. It deserves to be considered in good faith in conference committee. Building on the lessons of 20 years of failed immigration policy, the Senate bill represents our best chance yet to finally set things right. It's time for negotiation, not noise.
Copyright � 2006, Chicago Tribune
LINK (http://www.chicagotribune.com/news/opinion/chi-0605260222may26,1,7539910.story?coll=chi-opinionfront-hed) at ChicagoTribune.com
Here is my guess on who will be in Conference from Senate side.
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
16 Republicans and 12 Democrats.
Here is the Chicago Tribune editorial on the Senate CIR bill.
The Senate's better vision
Published May 26, 2006
.............
The Senate on a 62-36 vote Thursday approved a far better plan.
...................
This issue is too important for such heavy-handed partisanship. If the House fails to compromise to get an immigration law, it will reinforce the broad public impression that this GOP-led Congress can't get anything done.
..................
Against long odds, the Senate has produced a comprehensive immigration bill that looks beyond the House's one-dimensional solution. It deserves to be considered in good faith in conference committee. Building on the lessons of 20 years of failed immigration policy, the Senate bill represents our best chance yet to finally set things right. It's time for negotiation, not noise.
Copyright � 2006, Chicago Tribune
LINK (http://www.chicagotribune.com/news/opinion/chi-0605260222may26,1,7539910.story?coll=chi-opinionfront-hed) at ChicagoTribune.com
Here is my guess on who will be in Conference from Senate side.
Sen.Specter, Sen.Cornyn, Sen.Kyl, Sen.Sessions, Sen.Brownback, Sen.Graham, Sen.Grassley, Sen.Kennedy, Sen.Durbin, Sen.Feinstein, Sen.Leahy, Sen.Feingold
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whitecollarslave
02-10 02:15 PM
EAD is like a carrot in front of the cart. GC is like eating the carrot.
more...
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rbharol
01-23 11:41 PM
"Representative Elton Gallegly (R-CA) introduced H.R. 133, Citizenship Reform Act of 2007, which would limit citizenship by birth to children born to at least one permanent resident or citizen parent."
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This bill will not even be discussed.
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This bill will not even be discussed.
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go_guy123
05-22 06:47 PM
Buddy, what were you doing for 40 days after your got terminated? If you knew it was coming you should have made efforts to transfer H1 or right after. If you transfer H1, then obviously INS will look for pay stubs etc from the last sponsoring co. Since you mentioned you never actually worked for them (if I understand this right) then you are in trouble. You can use EAD but you lose your H1 status. If you want to get back to H1 then you are back in the lottery mess to qualify for one. Obviously you need to decide what is important to you at this point. Marriage or your job/GC. Good luck.
You can always marry a US Citizen and solve both the problems !!!!
How about that
You can always marry a US Citizen and solve both the problems !!!!
How about that
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bidhanc
06-04 05:06 PM
Hi,
On a side note, could you share what documentation you had to send for e-filing for advanced parole?
Thanks
Bidhan
I efiled EAD and AP for my wife and myself over this weekend. My earlier documents had been filed at TSC. In answering Question 11 of EAD, I "assumed" Dallas TX Field office and USCIS TSC are one and the same. So I selected Dallas TX Field office as the answer.
When the receipts were generated for our applications they were generated for National Benefits Center with MSC as the prefix. This got me confused and I asked this question (http://immigrationvoice.org/forum/showthread.php?t=19323) on IV. This evening to research what is going on I started a dummy application and saw what I had done wrong. I canceled the dummy application.
I am writing this to alert anyone to not do the same mistake. I am mighty concerned. I will call USCIS tomorrow morning and ask on what will happen and where should I send me supporting documents. I will also get hold of some local attorney.
In the mean time what do you guys think of our situation. Any experiences, ideas? Please share. This will be long night :-|
On a side note, could you share what documentation you had to send for e-filing for advanced parole?
Thanks
Bidhan
I efiled EAD and AP for my wife and myself over this weekend. My earlier documents had been filed at TSC. In answering Question 11 of EAD, I "assumed" Dallas TX Field office and USCIS TSC are one and the same. So I selected Dallas TX Field office as the answer.
When the receipts were generated for our applications they were generated for National Benefits Center with MSC as the prefix. This got me confused and I asked this question (http://immigrationvoice.org/forum/showthread.php?t=19323) on IV. This evening to research what is going on I started a dummy application and saw what I had done wrong. I canceled the dummy application.
I am writing this to alert anyone to not do the same mistake. I am mighty concerned. I will call USCIS tomorrow morning and ask on what will happen and where should I send me supporting documents. I will also get hold of some local attorney.
In the mean time what do you guys think of our situation. Any experiences, ideas? Please share. This will be long night :-|
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Suva
07-19 04:17 PM
Excellent article.
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pd052009
03-31 11:57 AM
Done
Desertfox
03-16 02:32 PM
I find Ron Gotcher's website very informative. It�s your choice not to read or to disagree with the speculative part, but he definitely is doing a fantastic job of educating the immigration community by answering the simplest of questions. I don�t care if this is a marketing tool for him, but I get a huge relief on the verge of getting laid off, when he quotes from the law-book to assure me that it�s ok to be unemployed after AOS. He takes the time to do that for me. There are not too many out there doing the same!
(just don�t jump on me yet saying that there are other attorneys out there answering the same question, as I just said it as an example)
(just don�t jump on me yet saying that there are other attorneys out there answering the same question, as I just said it as an example)
vjone
04-09 05:35 PM
I just received the following email from TSC. case status is also updated with a hard LUD. It seems like TSC online system is working again!!!!!!!
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Congrats 007.
receipt Number: SRC07******
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 9, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Congrats 007.