Monday, September 19, 2011

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  • 485Mbe4001
    10-24 01:08 PM
    Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.

    My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.



    I had applied for a ITIN for my parents about 4 years ago and I was able to claim them as dependents since they stayed in US for more than 90 days and additionally I was supporting their welfare and expenses. IRS did accept my application, but I can do this only in the year they are physically here.

    Check Pub 501 page 14 onwards....the key is you need an ITIN # for them....also see page 19, where it says non-resident parents can apply for ITIN, if not eligible for SSN

    I have couple of friends who have claimed like this....

    if this is the first time you are applying, then you will need to file a paper copy of your taxes and send to IRS Phily and then they will process your taxes for next year....





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  • go_guy123
    10-05 11:43 AM
    Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.

    Most likely....they are trying to play both side of the vote politics. That way they can say we tried earnestly but didn't happen because of republican opposition.
    On the other hand they can avoid annoying center and independent voters.





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  • ivdude
    01-28 05:03 PM
    Kanwar Chadha --> founder of SiRF





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  • ItIsNotFunny
    09-22 03:06 PM
    Please post how many people you called!

    Trent Franks (R-Ariz.)202- 225-4576
    Steve King (R-Iowa)202- 225-4426 (NOT IN FAVOR)
    Mike Pence (R-Ind.) 202-225-3021
    Louie Gohmert (R-Texas) 202-225-3035
    Lamar S. Smith (R-Texas), Ranking Member 202- 225-4236 (NOT IN FAVOR)
    Steve Chabot (R-Ohio) 202-225-2216
    Chris Cannon (R-Utah)202- 225-7751
    Jim Jordan (R-Ohio) 202-225-2676
    Bob Goodlatte (R-Va.)202- 225-5431
    J. Randy Forbes (R-Va.)202- 225-6365
    Tom Feeney (R-Fla.) 202-225-2706 (NOT IN FAVOR)
    Ric Keller (R-Fla.)202- 225-2176
    Elton Gallegly (R-Calif.)202- 225-5811
    Darrell Issa (R-Calif.)202- 225-3906 (NOT IN FAVOR)
    Dan Lungren (R-Calif.)202- 225-5716
    Brad Sherman (D-Calif.) 202-225-5911
    Adam B. Schiff (D-Calif.)202- 225-4176
    Rick Boucher (D-Va.) 202-225-3861
    Robert C. Scott (D-Va.) (202) 225-8351
    Betty Sutton (D-Ohio) 202-225-3401
    Howard Coble (R-N.C.) 202-225-3065
    Steve Cohen (D-Tenn.)202- 225-3265
    John Conyers (D-Mich.), Chairman 202-225-5126
    William D. Delahunt (D-Mass.)202- 225-3111
    Keith Ellison (D-Minn.) 202-225-4755
    Luis Gutierrez (D-Ill.)202- 225-8203
    Howard L. Berman (D-Calif.) 202-225-4695



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  • ns007
    01-04 09:37 AM
    1. If you are paying for the GC process, then fire your attorney and get a new one who knows how to port the priority dates.

    2. If employer is paying for it, ask them that you would pay for the second I-140.

    3. If employer does not agree on either of the choices listed above:
    a. File for EB3 I-140
    b. Join a new employer and file a new EB2 labor and port your EB3 priority date.



    They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.





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  • Desertfox
    06-07 06:06 PM
    I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.



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  • manderson
    12-29 07:56 PM
    have you tried filing a FOIA (freedom of information act) request to obtain the 140? i don't know how well u have researched this, but u should talk to a good lawyer.

    Getting I-140 approval copy is not possible.
    I only have case number prinout.
    anyways, it is not a big deal. Worst case, I will get 1 year extension.
    It is not going to deter me from exercising AC-21.





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  • neverbefore
    10-02 01:12 AM
    I know IV members maybe uniformly divided between republicans and democrats. I find republicans views better too with the exception of their views on guns (war and other points).
    however my main complaint against republicans is that the hardcore amongst them (esp the talk radio) ..spread hate. (remember to the average american ...legals and illegals look alike !!! ..)
    and I agree nothing wrong in biden's remarks ..whereas Palin is a very wrong choice (not that I care much )

    I would not have chosen any different words. You've been reading my mind! :)



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  • guyfromsg
    07-30 08:14 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.

    By getting EAD you are not using it. When the company submits new I-9 form along with EAD that's when it get's "used". I'm in the same boat, will keep extnding H1 and also keep EAD as a backup





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  • cherupally
    09-11 10:42 AM
    Thankx for the info.

    did you send ur 485 application directly to TSC or was it transfered to TSC?


    Mine was directly send to TSC. No transfers.



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  • franklin
    03-26 07:53 PM
    Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.

    Not sure if or how to PM docs - PM me your email if you like and I can forward them





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  • JunRN
    07-18 08:11 AM
    So it means I can apply in August as I am qualified to apply in July. How about my PD? Will it be August since I applied in August? For schedule A, the PD is the I-140 receipt date.



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  • dh010447
    03-23 01:51 PM
    If the PWD is for a PERM application, there is no way to avoid using the DOL system. (NOTE: for H-1 PWD the online DOL system is NOT required).

    There is no provision for expediting PWD's through the DOL online system. However, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January.

    Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request.

    That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?





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  • jeda
    10-22 07:59 PM
    I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

    Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

    If I file the AR-11 now. couple of questions.

    1. For the A# in the form, Should I leave it blank?

    2. For the section "I work for or attend school at : (Employer name or name of School)"
    I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

    Please help...Thank you in advance.



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  • sc3
    10-07 05:40 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.

    Do you have an unexpired visa? If so, just traveling out of US and coming back through port-of-entry should do the trick. For best results, try an airline travel. YMMV.





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  • santa123
    06-08 01:03 AM
    I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.

    My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.

    I have
    BSc in physics - 3 yr India degree
    PG diploma in Instrumentation - 1 Yr India PG diploma
    PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
    PG dip in buiness admin - 1 Yr India PG dip (E learning)
    MBA - 3 Yr India PG degree (E learning)

    6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.

    Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts



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  • needhelp!
    10-19 10:39 PM
    bump





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  • Leo07
    10-23 03:00 PM
    It's mandatory to file AR11. best part is, it takes less than 2 min to file it online.

    Here is the Link to do it online:
    https://egov.uscis.gov/crisgwi/go?action=coa

    1. For the A# in the form, Should I leave it blank?
    I left it blank, as I do not have a A# I'm on H1-B. Read the FAQ here:
    http://www.nriol.com/immigration/usa-immigration-faq.asp

    2. I wrote down the address where I go to "Work" everyday.

    3. One more thing that you'll need to know: On the Next screen where you click the "Update", You will be presented with:"Yes, I have a pending application with USCIS and "No, I do not have a pending application.

    Here I selected : "No", Since my H1B and 140 are already approved and I did not file for AOS, yet. So, in that sense, I do not have a pending application with USCIS. if you've filed for AOS, then obviously you;d select "Yes".( Sorry, I don't know what happens, if you select "yes")

    Hope this helps!

    I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

    Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

    If I file the AR-11 now. couple of questions.

    1. For the A# in the form, Should I leave it blank?

    2. For the section "I work for or attend school at : (Employer name or name of School)"
    I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

    Please help...Thank you in advance.





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  • daily jobs
    02-11 06:07 AM
    At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
    This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.The actual category determine at the stage of I-140 as you ask USCIS to consider the case as EB2 or EB3 but to ask the EB2 or EB3 at I-140 stage the job description as well educational requirements should be filled in labor such a way so you can support the EB2/EB3 at I-140 stage.:eek:





    prasadn
    02-04 08:49 PM
    I applied for the I-485 with a notice date of July 3, 2007 (application mailed in June) and paid $180 for the EAD that has a notice date of 07 November 2007 (was not filed concurrently). Do I have to pay the $340 fees to renew it? I went through the instructions and they are confusing as they say I don't need to pay the fees if I file I-485 before July 30, 2007. At another place they say no fees if filed under the fee structure IMPLEMENTED on July 30, 2007. I went through the electronic filing and they don't even ask for the date of I-485 filing, just charge you the $340. Any advice?

    If you applied for I-485 on/before August 17th 2007 (Extended deadline after the July 2007 visa bulletin fiasco), you fall into the old fee structure. This means you will have to pay renewal fees for EAD/AP based on your I-485. Hope this helps.





    little_willy
    08-20 01:56 AM
    ^^^^^^



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