
gc_bulgaria
02-12 08:50 PM
Sorry, if this seems off-topic.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
We have used it. I don't see any negative effects to green card. You are resident for tax purposes.
I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:
* Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
* Will this have any negative effect on our greencard in the future?
Thanks.
We have used it. I don't see any negative effects to green card. You are resident for tax purposes.
ajay
01-26 11:41 AM
I am planning to move to different residence. My 485 application is currently pending.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
You can do it online by going to https://egov.uscis.gov/crisgwi/go?action=coa, from where you can select Change your address online at the bottom of the screen.
I did it and am getting all correspondences from the time I changed to my new address.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
You can do it online by going to https://egov.uscis.gov/crisgwi/go?action=coa, from where you can select Change your address online at the bottom of the screen.
I did it and am getting all correspondences from the time I changed to my new address.
PresidentO
02-07 01:21 PM
Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.
That schedule A category is long gone and PT's from every where are now just EB-3.
That schedule A category is long gone and PT's from every where are now just EB-3.
Jaime
09-14 11:55 AM
Guys, chanduv23 is ABSOLUTELY RIGHT!!! We stand to lose a lot if we don't stand up for our rights!!
It's easy to let others do the job for you. Does that sound familiar? Don't many of our employers use us on H1 visas that way? Taking advantage of the situation to get more for less or nothing??? ARE YOU GOING TO BEHAVE IN THE SAME MANNER, ESPECIALLY WITH YOUR FELLOW FRIENDS-IN-STRUGGLE, FELLOW IMMIGRANTS???
WAKE UP GUYS! If we keep saying that we need you it is because YOUR PRESENCE WILL MAKE A DIFFERENCE!
We look forward to helping anyone who needs any kind of assistance. Unless you had a business trip scheduled, or have a medical emergency. THERE IS NO REASON NOT TO ATTEND!!!
LOOK IN YOUR HEART, RIGHT NOW
It's easy to let others do the job for you. Does that sound familiar? Don't many of our employers use us on H1 visas that way? Taking advantage of the situation to get more for less or nothing??? ARE YOU GOING TO BEHAVE IN THE SAME MANNER, ESPECIALLY WITH YOUR FELLOW FRIENDS-IN-STRUGGLE, FELLOW IMMIGRANTS???
WAKE UP GUYS! If we keep saying that we need you it is because YOUR PRESENCE WILL MAKE A DIFFERENCE!
We look forward to helping anyone who needs any kind of assistance. Unless you had a business trip scheduled, or have a medical emergency. THERE IS NO REASON NOT TO ATTEND!!!
LOOK IN YOUR HEART, RIGHT NOW
more...
factoryman
06-14 05:57 PM
I am speaking from experience. Download the forms needed for filing 485, EAD and AP. Then when your attorney send you his/her set ( normally they do this in 2 stages - one they will send you a draft copy to verify and correct all info - some have online questionnaire; stage two - they send the final forms for you to verify and sign again - this they may do paper copy or online PDF - that cannot be edited - not fill able forms).
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)
Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)
Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)
Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
So, here I am providing links to all forms that I know are needed. These from uscis.gov site are fill able. Weekend is coming. Fill them, and print and keep them.
When attorney sends papers, compare yours with their and do corrections in theirs ( usually it will have stamps of the firm)
Application To Register Permanent Residence or Adjust Status - I-485 (http://www.uscis.gov/files/form/i-485.pdf)
Medical Examination of Aliens Seeking Adjustment of Status - I-693 (http://www.uscis.gov/files/form/I-693.pdf)
There is a supplemental 693 also for vaccination records.
Biographic Information - I-325 A (http://www.uscis.gov/files/form/g-325a.pdf)
There are A, B, C and other versions. I filled A
Application for Employment Authorization - I-765 (http://www.uscis.gov/files/form/I-765.pdf)
Application for Travel Document - I-131 (http://www.uscis.gov/files/form/I-131.pdf)
Affidavit of Support - I-134 (http://www.uscis.gov/files/form/I-134.pdf)
I completed all these forms with 100% correct info- still the Paralegal - made mistakes again and again ( I can't correct the PDF as Adobe PDF writer is 1800 USD). I lost ONE precious week. Hoping to file on 06/01/2007, filed on 06/08. Learn and be wiser from experience, yours and others.
theconfused
04-02 06:39 AM
1) Code of Federal Regulations (8 - CFR) govern the visa officer on what to do and what not.
2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.
3) Don't lie on visa application i.e. Form DS-160.
4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.
5) Case Status Report on the embassy website may or may not hold the updated information.
6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.
2) Always renew your work visa before the expiry of the existing one. Go 5 or 6 months before the expiration of current work visa.
3) Don't lie on visa application i.e. Form DS-160.
4) If you are given a 221g (does not matter what color), DOS (Department of State) may or may not know when clearance was received.
5) Case Status Report on the embassy website may or may not hold the updated information.
6) 221g does not mean that it will take months to clear. It can get clear anywhere from 7 days to forever.
more...
ss_col
08-13 01:15 PM
Hi,
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
smartboy75
07-17 07:49 PM
Not to mention the tons and tons of unnecesary pages and administrative effort involved in maintaing the data.....Everything boils down to price...If we ask relevant question we save space...space saved is money saved..The same money we saved ..can be used for lobbying....Think about it
more...
Green_Print
07-09 11:59 PM
If people decide to contact the hospital (personnel & patients), lets be considerate, appreciative and sympathetic to their sacrifices and contributions.
We can extend our gratitude towards them while politely highlighting our cause and unfortunate situation.
They'd probably realize that the flowers they are receiving is not because of USCIS is heartfelt sentiments' for them but due to a mere face saving tactic, they might even refuse accepting flowers causing further embarrasment to USCIS hopefully prompting some constructive action.
Guys, please post your comments as we need to act on this fast.
Its pleasant to hear that USCIS will forward the flowers sent by IV members to Walter Reed Army Medical Center, and Bethesda Naval Hospital. This is an excellent idea. However the people who fought for freedom, and are recovering at these hospitals should know: what these flowers are all about and who is sending them.
We should write emails to these hospitals to educate them about this flower campaign and urge them to accept the flowers and support our just cause. Please suggest a good template for the email, supporting our troops and asking them to support us. IV core should help with this and co-ordinate this event. This can become a next step in our peaceful protest against USCIS. If we can gather the support fom these hospitals that would be a major success. After this email campaign, hospitals may accept or reject the flowers forwarded by USCIS, but we will score a major win in either case. This will become our second round of publicity in media for our flower campaign. Please comment on this idea.
Please find the web site and contact emails for both the hospitals:
1. Walter Reed Army Medical Center
http://www.wramc.amedd.army.mil/
On the botton right corner, there is a link: Email the Hospital
2. Bethesda Naval Hospital.
http://www.bethesda.med.navy.mil/
Email link: http://www.bethesda.med.navy.mil/Visitor/Contact_Info/ContactForm.aspx?ca=2
We can extend our gratitude towards them while politely highlighting our cause and unfortunate situation.
They'd probably realize that the flowers they are receiving is not because of USCIS is heartfelt sentiments' for them but due to a mere face saving tactic, they might even refuse accepting flowers causing further embarrasment to USCIS hopefully prompting some constructive action.
Guys, please post your comments as we need to act on this fast.
Its pleasant to hear that USCIS will forward the flowers sent by IV members to Walter Reed Army Medical Center, and Bethesda Naval Hospital. This is an excellent idea. However the people who fought for freedom, and are recovering at these hospitals should know: what these flowers are all about and who is sending them.
We should write emails to these hospitals to educate them about this flower campaign and urge them to accept the flowers and support our just cause. Please suggest a good template for the email, supporting our troops and asking them to support us. IV core should help with this and co-ordinate this event. This can become a next step in our peaceful protest against USCIS. If we can gather the support fom these hospitals that would be a major success. After this email campaign, hospitals may accept or reject the flowers forwarded by USCIS, but we will score a major win in either case. This will become our second round of publicity in media for our flower campaign. Please comment on this idea.
Please find the web site and contact emails for both the hospitals:
1. Walter Reed Army Medical Center
http://www.wramc.amedd.army.mil/
On the botton right corner, there is a link: Email the Hospital
2. Bethesda Naval Hospital.
http://www.bethesda.med.navy.mil/
Email link: http://www.bethesda.med.navy.mil/Visitor/Contact_Info/ContactForm.aspx?ca=2
beautifulMind
06-29 01:55 PM
now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this
more...
BumbleBee
07-18 02:10 PM
Hi SertTurk,
Its not clear from your post as to which state your/spouse's application is in. There are three phases
#1 Labor certification ( state and Federal )
#2 I-140
#3 I485 ( adjustment of status )
In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.
Please talk to an attorney before making any decision.
BumbleBee
Its not clear from your post as to which state your/spouse's application is in. There are three phases
#1 Labor certification ( state and Federal )
#2 I-140
#3 I485 ( adjustment of status )
In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.
Please talk to an attorney before making any decision.
BumbleBee
jasmin45
08-06 10:23 AM
Hello everyone,new to the forum
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.
Anyway,filed i-485 in 1997 and was interview 1999 and stamp in passport adjustment status pending,b;cos of past immigration issues.Then i did recieve letter that my family petition was accepted then two weeks recieved another letter stated my application was denial due to my past issues so i had to leave the country and reapply. My lawyer said she had to file a motion,did charge alot of money.Did not hear anything till i went there to check my status and the officer told me i was in the process of deportation,so she gave me the date.So i went to my lawyer to check if she knew anything and she said your case is pending,so i ask her if she can call and check whereby she did and find out i was in the processes of deportation,now she told she need more money and if i do not pay that amount she can not go the court with me,so i did offer some amount and she refuse.
So i went to the immigration court and i did win the case,and now she find out that i did win the case so trying to be my attorney.
I do need to file for Ead because my old one was revorke,do i have to file for another i-485 or not?Another thing my lawyer had my file how do i track my old receipt number.Can someone please help me, i do have the original judgement from the immigration court
I guess you should drop all "thing in the past" with your lawyer behind and work with her to get you going with this. you lawyer is the one in best position to help your situation. If you do not have receipt for 485, you should talk to her and ensure that the lawyer agree to send you all the photocopies of the documents or the originals themselves so that you do not land up in this sutiation again. Pay her after you receive the documents.
more...
smiledentist
06-21 02:01 PM
bump...
samcam
10-24 01:59 PM
Thanks Chanduv23! Hopefully it will be a RFE :)
more...
smiledentist
06-21 11:16 AM
anyone
perm2gc
07-13 12:08 PM
I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
what do you mean by USCIS goof up...if your wife had job..her employer might have generated pay stubs.The pay stubs your employer generated are illegal as per IRS..Don't try to over smart and send them to USCIS as they are cross checking with IRS.
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
what do you mean by USCIS goof up...if your wife had job..her employer might have generated pay stubs.The pay stubs your employer generated are illegal as per IRS..Don't try to over smart and send them to USCIS as they are cross checking with IRS.
more...
skdskd
09-16 01:25 AM
Keep up
dontcareanymore
05-12 12:51 PM
Does frankfurt require transit visa if some one is traveling to India if:
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
<edit> This is what I found on the germany.info site
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
</edit>
A) While going to india and have H1/H4 valid until 2011, but stamping expired.
B) while coming back to USA if I am planning on coming on Advance Parole ?
How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.
<edit> This is what I found on the germany.info site
"Indian, Turkish, Nigerian and Ghanaian airport transit travelers who
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"
</edit>
jonty_11
02-19 12:32 PM
As per immigration-law.com..Senate may work on CIR in March 07 and hand it over to House by APril 07....House may however sit on it for years on end...
02/18/2007: Need for Immigration Reform and Concerns with Growing Gridlock in Legislations in the Congress
The Democrats launched a new Congress with aggressive platforms and legislative agenda on January 4, 2007. Madame Pelosi of the House set the first 100-hour legislative agenda and the Senate Majority Leader, Harry Reid presented on the Senate floor ten legislative bills as top priority for the first few months of the Senate.
However, immersed in the party politics, the Congress left the Hill yesterday, Saturday, for a week long break without achieving a lot because of the gridlock it had faced in the Congress. Samo, Samo Washington politics involving the Republicans and Democrats. It practically means that the Congress wll not resume the active legislative activities until March 2007.
S. 9, the Comprehensive Immigration Reform bill, adopted by the Senate floor, is in the Judiciary Committee of the Senate. The newly elected Chairman of the Judiciary Committee, Sen. Leahy, reportedly set the CIR as one of the top agenda of the Judiciary Committee for March 2007 and the Democratic leaders reportedly determined to pass the CIR by April 2007 and quickly send it over to the House for its prompt action. How beautiful the agenda of the new Congress.
We want to watch carefully how closely the leaders of the House and Senate will follow through the agenda. In a way, from the perspectives of this immigration legislation agenda, we are relieved that the Congress was over with the most serious road block to the Congress, to wit, rebuke of Bush's resurge in Iraq.
02/18/2007: Need for Immigration Reform and Concerns with Growing Gridlock in Legislations in the Congress
The Democrats launched a new Congress with aggressive platforms and legislative agenda on January 4, 2007. Madame Pelosi of the House set the first 100-hour legislative agenda and the Senate Majority Leader, Harry Reid presented on the Senate floor ten legislative bills as top priority for the first few months of the Senate.
However, immersed in the party politics, the Congress left the Hill yesterday, Saturday, for a week long break without achieving a lot because of the gridlock it had faced in the Congress. Samo, Samo Washington politics involving the Republicans and Democrats. It practically means that the Congress wll not resume the active legislative activities until March 2007.
S. 9, the Comprehensive Immigration Reform bill, adopted by the Senate floor, is in the Judiciary Committee of the Senate. The newly elected Chairman of the Judiciary Committee, Sen. Leahy, reportedly set the CIR as one of the top agenda of the Judiciary Committee for March 2007 and the Democratic leaders reportedly determined to pass the CIR by April 2007 and quickly send it over to the House for its prompt action. How beautiful the agenda of the new Congress.
We want to watch carefully how closely the leaders of the House and Senate will follow through the agenda. In a way, from the perspectives of this immigration legislation agenda, we are relieved that the Congress was over with the most serious road block to the Congress, to wit, rebuke of Bush's resurge in Iraq.
Prashanthi
03-26 05:46 PM
The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.
beautifulMind
07-16 10:44 PM
if suppose DOL approves the new job position then can I also convert to EB2 with new position and continue to use EAD of old position