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And also most of the EAD renewals are free of cost who filed after 30th June 30 2007.
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so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem.
assuming u r getting RFE in future. this realy is crazy.
You have been a great contributor to this site .. please continue to do so for benefit of rest of us ..:)
I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.
but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.
Let me put forward my idea.
The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.
i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.
is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile
now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.
i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.
i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.
just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.
I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......
After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.
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While I kinda agree, I think we should do our own research instead of asking core team to direct us for everything.
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Here is the first one:
I have an H-1B Visa and my husband has an F-1 Visa. We both lived in the United States all of last year and had income. What kind of form should we file? Do we file separate returns or a joint return?
Assuming both of you had these visas for all of last year, you are a resident alien. Your husband is a nonresident alien if he has not been in the United States as a student for more than 5 years. You and your husband can file a joint tax return on Form 1040, 1040A, or 1040EZ if he makes the choice to be treated as a resident for the entire year. See Nonresident Spouse Treated as a Resident in chapter 1. If your husband does not make this choice, you must file a separate return on Form 1040 or Form 1040A. Your husband must file Form 1040NR or 1040NR-EZ.
Here is an example where they use person on H1b as an example. I'm giving the link as the explanation is long. Just look at example 10
Mr. Gerhard Schwarz was a citizen and resident of Germany just prior to his arrival in the United States. He arrived in the United States on 08-15-99 as a professor of physics on an H-1b visa. He intends to remain in the United States for two academic years, and does not intend to change his immigration status during that period before returning home. Determine his residency starting date.
What kind of federal income tax returns will he file for 1999 and 2000?
Please participate in this Eb3 Poll so that we would have some idea on Eb3 numbers from ImmigrationVoice members.
Thanks & Regards,
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perm2gc, very good efforts .... I am hopeful, with members like you , we will inch towards our goal "GC".
At the same time, I hope other members take time and help IV action items.
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One guy recently posted on that out of 30 AOS applicants in his company only 2 had entered their info on .
That would be 6.67% Which is close to the results of your calculations.
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Now what if your faces or your parents pictures are put on toilet seats and covers. Do you say the same thing?? Now there is no difference between you guys and M** F** Hussain who choses our God to draw objectionable pictures. You all are hyprocrites.
beer != toilet seat.
picture-of-Ganesha != picture-of-your-parents.
Please dont sensationalize this and try to make it news when it is'nt.
People like VHP and Bajrang Dal do this to exploit divisions that result in more votes for them (its almost the way Hitler exploited divisions against the Jews). As educated, skilled, tech-savvy, responsible adults atleast we should all refrain from getting caught up in all this.
Move on guys. Worry about retrogression and priority dates. Even those stupid threads on LUDs are more productive than this one.
IV should spend money for EB3 India rather then EB2 India who are already in advantage.
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yes there is an option for you. When you get the I-485 receipot, mail in the employment letter along with copy of 485 receipt (just so they can track) and a another letter stating the oversight.
Doesn't receipting an application automatically mean they accepted the application?
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The lawyer was of the opinion that you need change in INA to be able to file 485 when dates are not current. It cannot be done with administrative changes.
If an attorney says that it cannot be done with administrative changes, then I guess, we dont have much to argue.
But I cannot understand the logic behind why it cant be done. I mean, disallowing concurrent processing is possible by an administrative change, why is the reverse (or something similar like allowing 485 filing without pd being current), not possible?
I am sorry for not being to let go of this, but I thought, logic-life can see some logic in this!!! :)
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i am also hoping and guessing USCIS should do there work correctly even after knowing that there will again be some visa numbers wasted in the drain.....
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Thanks for understanding. sorry though for disappointing you.
I must say that the motivation and drive in members is great these days. Last week's effort has had positive effect on all of us and united us. Let us all use this energy sphere we have created to help make this organization strong and take part in the current action items.
Porting from Eb3 to Eb2, at first glance looks like advantageous to remained lot of EB3 as it seems to be shortened the queue but one factor spilling over from ROW to EB2 first w.r.t EB3 kills that "virtual" advantage proprtionately (if not 100%).