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  • illinois_alum
    08-11 01:13 PM
    I am trying to fill the canadian visa application and would like to know what should I check on Question #8
    a) citizen( obviously not)
    b) Permanent residet
    c) Temporary resident
    d)Worker
    e) Student(obviously not)

    It also asks valid until date(What should I put).I am no longer working on H1B as I am using EAD

    Need to travel to canada on Friday(08/13/2010)

    Any help is appreciated.

    Check Temporary Resident
    Provide Date of I-94 validity as valid until date
    You can attach a cover letter and mention that you have an application for permanent residency pending (provide copies of I-485 filing receipts, also copies of AP for proof that you can return back to the US)





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  • haider420
    03-04 12:57 AM
    and for god sake, please update your profile.

    just did for your convenience :)





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  • wait4ever
    09-22 11:15 AM
    You should not have any impact if you have the GC





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  • texanguy
    05-10 05:56 PM
    Dear friends,

    has anyone applied for an endorsement of new passport information on PIO card with Travisa? How long did it take them to do it?

    Also, does anyone know if they accept walk-in applications? (Houston)...



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  • jq45
    06-15 10:11 AM
    Medical Examination I-693 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)
    On this link it says the following:

    Edition Date :
    9/16/05. Previous editions accepted

    I'm a confused by that. So 9/16/05 is the revision date, and both the new form that expires 5/31/08 as well as the current one that expires 06/30/07 have that says revision 9/16/05. So it looks like it's the identical form except for the expiry date and OMB number.





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  • sanjeev_2004
    05-26 03:21 PM
    Previously India used to have 150,000 * 7 / 100 = 10500 visas every year. Now India will get 90,000 * 10 /100 = 9000 visas every year. Loss of visas to india because this new law will be 10500 - 9,000 = 1500.

    It will increase the waiting for PDs to be currenct by 1500 * 100 / 105,00 = 100 / 7 % = 14.3%.
    If remaining waiting of remianing qualified aplicant is 1 year then we will suffer 3 more months with our currect emploer and if it 2 years then we will suffer 6 more months with our currect employer only because of this new bill.


    thanks.



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  • alparsons
    January 1st, 2005, 02:33 PM
    Just realized I should mention that they look quite good as they are, and if you wanted to tinker with the stuff I mentiioned above I think you could turn it into something that would knock some eyeballs out.





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  • kanshul
    02-01 10:40 AM
    Client forcing you is very typical.

    Here is an option to consider: can your employer (who I am assuming is a small desi firm) file your GC though another sister firm (not unusual) in EB2. Assuming that you get it, and retain your PD, you should be able to get your GC within a year if there is no audit in labor / 140. Remember in EB2 the date for Indian is Jan 05 and your PD is before that.

    Assuming that you can't keep PD if employer withdraws 140; I would recommed going that route even if you have to find another client.

    Also, check with an attorney to find out about PD as you may be able to keep it even if 140 is withdrawn. In that case you can join any company (even your client ) and start GC through EB2.



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  • sukhyani
    03-05 02:04 PM
    copy of current employment letter and future job offer...Does this has to be with same company...OR...

    Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???

    My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.

    If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.





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  • a_yaja
    02-26 11:40 AM
    I am reasonably knowledgable about benefit plans like 401(k) but just wanted a second opinion in the situation I decide to move perm to India.

    1) Assume I have $ 100,000 in a 401K plan.

    2) I terminate and roll over the funds to an IRA.

    3) If I were to withdraw the funds ASAP I would face tax at a high rate as well as the 10% withdrawl penalty as I would be under 59 yrs 6 months.

    4) To minimize my taxation I withdrawl a little bit every yr under the tax bracket. Say I withdraw 10K a yr for 10 yrs. Since I have no other US income I am under the tax bracket for US and dont have to pay any taxes. I do still have to pay the 10% penalty since im under 59 1/2.

    5) By doing this I eventually mange to get 90K out of the 100k I start (assuming i dont take into account market earnings)

    So is this doable and good logic ? Am I right or off somewhere. Would I face any taxation in India if I bring in this money on the principal ?

    Also does anyone know what kind of interest rate a risk free treasury bond or instrument would pay in India ? If I bring to India an investment of aprox Rs 50 lakhs what kind of monthly income can I earn on the money assuming a secure conservative investment.

    Thanks

    Nozerd,
    There is a provision to withdraw the 401K without the 10% penalty. To avoid the 10% penalty, there is a rule called "72(t) - Early IRA distribution". But there are certain rules that need to be followed for this - and I am not aware of how it actually works. The only reason I know this is because I asked this question specifically to the accountant doing my taxes and he said that if I were to retire early, I could avoid the 10% penalty by claiming the 72(t) clause. However, he said that certain "rules" must be followed and you must withdraw certain amount every year - else you will be subject to the 10% early withdrawal penalty.

    Hope this helps. You can ask any account specialized in federal taxes and ask him/ her/ them about the 72(t) clause.



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  • roseball
    09-15 06:15 PM
    You can also try and get an InfoPass appointment at the local USCIS office and check with an IO during the appointment what PD is assigned to your pending I-485. If its not the old RIR PD which is current, then you can hand them over a copy of your old I-140 approval notice and ask them to link it to your pending I-485. I would advise you to take an InfoPass and verify this information yourself.





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  • ysnraju
    12-05 11:01 PM
    In my case I have only one LUD after fingerprinting and then on 30 Nov 2007
    again LUD I485 Card production ordered.
    same with my spouse also.

    _______________________
    LUDs on Current Status of I485:
    30 Nov 2007 : Card production ordered .
    02 Dec.2007 : Card production ordered .
    04 Dec 2007 : Approval notice sent.

    For Both Self and Spouse.

    Labor Filing Date: 27 Feb 2004
    Service Center: Nebraska
    Category: EB2
    Application Mailed: 04 Jun 2007
    USCIS Received Date: 05 Jun 2007
    USCIS Notice Date: 14 Jun 2007
    Filing Type: non-concurrent
    I-140 Processing: regular
    I-140 Approval Date: March 02, 2007
    Fingerprinting Date : 15 Aug 2007
    RFE: no
    EAD Approval Date: 08 Sep 2007
    AP Approval Date: 13 Sep 2007
    Nationality: India



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  • inskrish
    10-21 10:47 PM
    Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

    1. Can I travel and enter on my H1 even if my AP is approved/pending?
    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?


    Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

    Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

    Thanks for all your help!!

    1. Can I travel and enter on my H1 even if my AP is approved/pending?

    Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.

    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?

    If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.

    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.

    Consulting an attorney is the best option, I believe. Good luck!

    Regards,
    IK





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  • pkv
    06-08 04:04 PM
    Thanks for all replies.. But the question still remain unanswered!!

    Did no one filed EAD after filing I-485 at a center different than his/her I-485 processing center?? Did this filing trigger transfer of case to different processing center?



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  • iptel
    07-18 05:19 PM
    I agree with Dixie. I feel there is no point in seeing visa bulletin or calculating date for EB3 until some law passes.





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  • sonyyy
    06-07 04:12 PM
    It's not going anywhere. And I don't think it will go anywhere. They have never mentioned it being discussed or voted.


    Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?



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  • perm2gc
    08-28 02:49 PM
    DO we need the latest pay stubs to extend the h1b from company A? Since I'm working for company B now, I'm little confused.Yes ... may be once in a while they dont..





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  • axp817
    05-15 04:25 PM
    yes, he lucked out when his file/case/name/application got picked last Aug/Sept when that PD was current for a brief while.

    I could be wrong, but don't the dependents also need their PDs to be current in order for their 485 to be approved?

    The wife wasn't as lucky and her application wasn't picked while the window lasted, which is why she is still waiting. No?





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  • manderson
    04-30 12:19 PM
    I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

    Thnx agan!!





    number30
    10-26 12:14 PM
    Hi,

    I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?

    Will there be any limit on how long can I work from out side of US, if I can?

    is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?

    Any help is appriciated,

    Thanks,

    Mickey

    Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.

    Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.





    raysaikat
    07-10 08:50 PM
    Hello,

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
    There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.


    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
    This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.

    Here is the actual language of the law:

    (7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.


    I highly recommend that you read the 8 CFR from uscis.gov.

    What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.



    though i can work until the petition is pending.

    I'd really appreciate any advise...

    Thanks
    Raj



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