immigrationmatters30
07-25 01:32 PM
I am planning on accepting a full time position at client.I did not start with them yet. Client's lawyer is planning on applying for the PERM application and recruitment has already finished. My question is
Since I am yet to join the client, should the question in PERM application "Has the job been offered to foreign national " be set to Yes or No. Clients lawyer says we can leave it as "No"(Since I did not start with them yet) but chances of getting Denial because of this question are high. Should I join the client and then file for PERM or Is it OK to set it as "No" and hope it will get approved.I am planning on joining the client in couple of months.
Since I am yet to join the client, should the question in PERM application "Has the job been offered to foreign national " be set to Yes or No. Clients lawyer says we can leave it as "No"(Since I did not start with them yet) but chances of getting Denial because of this question are high. Should I join the client and then file for PERM or Is it OK to set it as "No" and hope it will get approved.I am planning on joining the client in couple of months.
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sathan9890
03-30 08:01 PM
Thanks Aruben. I think you meant '...requesting validity date of 12/2011'
texcan
09-04 07:05 PM
come on guys....no one used a cashiers check.
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roseball
03-07 11:03 PM
My company filed my 7th year H1 extension and my wife's H4 petition at the same time in Dec 2006. USCIS online case status shows received and in process for both H1 and H4.
Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.
Thanks in advance.
Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.
Thanks in advance.
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sivanyk1234
11-07 09:31 AM
If the foreign financial institution (for example bank) are not reporting to IRS about our (US resident) bank account etc. Do we need to close our bank account in foreign country.
Beemar
08-30 09:44 PM
IRS is very clear on this. SSN+ITIN couple filing jointly, no rebate for either of them. See this link http://www.irs.gov/newsroom/article/0,,id=179211,00.html
However, you should apply for an SSN for your wife ASAP. You may retroactively get this 2007 rebate when you file 2008 taxes.
Using your wife's SSN for tax purposes will not impact her legal status in any way.
Is it true that H4 spouse, who do not have SSN are not eligible for tax rebate if while filing a joint tax return for 2007 ITIN is used for spouse.
It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.
My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.
Also will SSN affect her H4 status if EAD is not used?
What do you guys think?
However, you should apply for an SSN for your wife ASAP. You may retroactively get this 2007 rebate when you file 2008 taxes.
Using your wife's SSN for tax purposes will not impact her legal status in any way.
Is it true that H4 spouse, who do not have SSN are not eligible for tax rebate if while filing a joint tax return for 2007 ITIN is used for spouse.
It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.
My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.
Also will SSN affect her H4 status if EAD is not used?
What do you guys think?
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MrWaitingGC
09-12 07:29 PM
She applied in April and she can officaly work from october
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morchu
05-07 09:15 PM
You can file 485 only from within USA. So I believe you will be back to USA before filing 485.
Thanks for your reply.
What would be the process look like? When the priority date becomes current, what should I do? Where should I subject I-485?
Thanks for your reply.
What would be the process look like? When the priority date becomes current, what should I do? Where should I subject I-485?
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deardar
09-19 11:47 AM
Kudos to you and other folks who made a difference.
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senk1s
11-12 11:00 AM
http://immigrationvoice.org/forum/showthread.php?t=5049
This is one of the threads ...
If you go to the main forums page - it lists all the sub-forums, there is one for self- filing. You'll find lot of guidance and experiences there
This is one of the threads ...
If you go to the main forums page - it lists all the sub-forums, there is one for self- filing. You'll find lot of guidance and experiences there
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reddog
02-20 12:47 PM
Hi,
My mom is scheduled for an interview for a visitor visa at US Consulate, Chennai. My mom is 70 years old and she will be the only person attending for the interview. She has not travelled a lot and she will not be able to figure out everything that is needed inside the consulate before and after the interview by herself. Now - my question is - Can my mom take anyone (say a relative) with her inside the consulate for help?
Appreciate your help!
No, she cannot carry anyone else except herself inside the consulate. A relative can accompany her till she enters the consulate and your mother can ask for a translator and I am sure there would be people to help her, otherwise too.
But as far as someone accomanying her inside the consulate, NO,
And just in case, even if the relative is able to get in with her, it is not advisable to do so.
My mom is scheduled for an interview for a visitor visa at US Consulate, Chennai. My mom is 70 years old and she will be the only person attending for the interview. She has not travelled a lot and she will not be able to figure out everything that is needed inside the consulate before and after the interview by herself. Now - my question is - Can my mom take anyone (say a relative) with her inside the consulate for help?
Appreciate your help!
No, she cannot carry anyone else except herself inside the consulate. A relative can accompany her till she enters the consulate and your mother can ask for a translator and I am sure there would be people to help her, otherwise too.
But as far as someone accomanying her inside the consulate, NO,
And just in case, even if the relative is able to get in with her, it is not advisable to do so.
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ursnkk
11-22 07:42 PM
Hi
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :
In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.
USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.
Please advice me on this, any help fully appreciated.
Thank you again for your anticipated cooperation in this matter.
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maheshf
10-06 11:01 AM
Bump
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rockstart
07-07 08:19 AM
Just get a letter addressed to Consular Office, US Consulate , City ( where your wife is scheduled for interview) . In the letter just mention in subject line "request to grant visa to spouse of Mr XXX" and in body just mention the details like Mr XXX is working with us since DATE As DESIGNATION and his salary is $XXXX. We request you to please grant his spouse Mrs XXX H4 visa so that she can join her husband in USA.
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msp1976
11-09 01:04 PM
The Ombudsman,
The illegal immigration is a very complex subject. Who , what how created illegal immigration would be a matter of debate.
This organization does not have a stated position on illegal immigration. The american people have to go through their own process to deal with that.
This organization's goal is to concentrate on the High skilled immigration and the delays associated with high skilled immigration. We have limited resources and we have to maintain the narrow focus and not get lost in the larger picture..
I hope this brings this discussion to close..I consider it closed...
The illegal immigration is a very complex subject. Who , what how created illegal immigration would be a matter of debate.
This organization does not have a stated position on illegal immigration. The american people have to go through their own process to deal with that.
This organization's goal is to concentrate on the High skilled immigration and the delays associated with high skilled immigration. We have limited resources and we have to maintain the narrow focus and not get lost in the larger picture..
I hope this brings this discussion to close..I consider it closed...
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chi_shark
11-13 05:49 PM
sounds like you have already sent a response to the RFE and you want to follow on... yes... go ahead and do it... its not like they are waiting for you to make a mistake and then they will close your file.. for the most part, USCIS is a friend... so dont worry and send in your follow on document asap. make sure you dont repeat your earlier documents. just send in the new one and refer to your earlier RFE response clearly saying that an additional document has now become available...
my 2 cents.
My attorney office replied back to My I485 query yesterday in the overnight post(today is the last day to respond). For the marriage proof, i attached the marriage certificate which has my incorrect date of birth. I attached the affidavit describing that there is the entry error in the marriage certificate and applied for the correction and as in process with "Registrar of Marriage" office in India. In the meantime, i received the corrected marriage certificate today with the scanned copy. My question is, Can i send my corrected marriage certificate document today to USCIS ? Will they accept with one day delay?
PD: MAY-2002 - EB3
Regards
Devan
my 2 cents.
My attorney office replied back to My I485 query yesterday in the overnight post(today is the last day to respond). For the marriage proof, i attached the marriage certificate which has my incorrect date of birth. I attached the affidavit describing that there is the entry error in the marriage certificate and applied for the correction and as in process with "Registrar of Marriage" office in India. In the meantime, i received the corrected marriage certificate today with the scanned copy. My question is, Can i send my corrected marriage certificate document today to USCIS ? Will they accept with one day delay?
PD: MAY-2002 - EB3
Regards
Devan
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dealsnet
10-09 08:37 AM
Better to send the GC to India and he can enter with that GC.
His wife's GC is through his and her stay here depends on him.
So don't go for the route, to file for him as her depenant. This will make everything screwup.
Many people entered after their GC approval.
u cannot use Canada PR to enter US. If he left US without AP then his application for adjustment of status is considered abandoned.
spouse can file new application in dependent category. the dates for dependent category have come quite close since last 6 months. he could expect a GC in 6 months !
talk to a lawyer about dependent 485.
His wife's GC is through his and her stay here depends on him.
So don't go for the route, to file for him as her depenant. This will make everything screwup.
Many people entered after their GC approval.
u cannot use Canada PR to enter US. If he left US without AP then his application for adjustment of status is considered abandoned.
spouse can file new application in dependent category. the dates for dependent category have come quite close since last 6 months. he could expect a GC in 6 months !
talk to a lawyer about dependent 485.
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DSLStart
03-14 12:54 PM
EB-3 ROW current PD is March 2003, his PD is 2006, so he is not current.
Since you do not belong india nor china, I assume your case is current. So, they probably approving your case. Good luck
Since you do not belong india nor china, I assume your case is current. So, they probably approving your case. Good luck
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amsgc
05-13 11:17 PM
So what are they busy doing right now? Which cases are they processing - care to share?
scorpion
07-11 11:49 PM
If you have provided your email in AR-11 then you will get confirmation.
upuaut8
05-23 12:41 AM
have you clicked on the "animate" toggle button on the right hand side of the toolbar? If not you can't set any animations.
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