Kama Of Kingstone

My wife has ITIN till last year and we filed jointly. This year she has a social security number and we filed using social security number. Return was rejected by IRS saying that my wife's last year's AGI is wrong. Has anyone run into this ? What was the resolution ?

You can either mail the Tax return or put $0 for the wife's last year AGI and E file it

Great work guys !! :!: All are really good , but i still like Ironikart the most out of all of them. The way you gave the robot a humours characteristics with eyes and eyebrows won me over, great character building skills :)

Hi all,

I had applied for my I-140/I-485 (concurrent) in Summer 07 and am awaiting a decision. My company has not been paying on time and is lagging behind on pay checks for about a few months now... I would like to know how this would affect my I-140 - Does the USCIS normally issue an RFE for this type of a problem or would they deny the I-140 ? If it is an RFE, what kind of proof does the company have to provide ?

Is it required for the company to completely catch up on the backlog and have all the pending pay checks paid before my I-140 gets processed ?

Thanks in advance.

As far as I know, your only options to get GC are:

-- DREAM ACT (which is not something you can control)
-- Marry a US Citizen (which obviously is something you can consider)

In the meantime, whatever you do, do not go out of the country.


Roseball,

I really appreciate your input and I think I know my situation pretty clear at this point. :)

do we need a UK visa even if we have a valid stamped US passport?
nope... but what do you mean by "Stamped US Passport"

Guys, we keep seeing lots of messages of introduction of several bills in house/senate, but do we know what is their voting schedule in the congress, if they have any..

Thanks for help

expect the CIR , all other are waste bills, they will never be voted, only hope is CIR.

thanks

Responding to RFE for Ability to Pay is a very complex process. Some of you folks make it sound very simple but there is much more to it then just submitting an Audited Tax Return or W2. I have not come across any single person who seems to have the expert knowledge on handling this other than United Nations. There was an RFE on my pending I140 and I don't even trust the response prepared by my immigration attorney at Murthy Law Firm. My case is pending at USCIS TSC for a year now. I am not defaming anyone here but United Nations is the only person who has the greatest knowledge on addressing this matter.

When things are all set..... I wonder when that will be.... Will it be after one gets RN... or GC.. or Citizenship...

I would have reported the doctor's mix up, but the staff at the clinic said that they didnt know they had to provide a supplimentary form.. as per them, the I-693 didnt say a suppli form had to be sent.. i didnt bother to check if what they were saying is true, becoz its not in our hands anyway.. hopefully it will only be a RFE.. and my lawyer did say they will send the new sealed envelopes to USCIS once they get the receipts..

That is unfortunate. I hope everything gets taken care for you and you get the receipts.

When things are all set, why don't you send an official complaint to the USCIS about the doctor. I wonder how she became a "Civil Surgeon" if she doesn't know as simple a thing as sending a supplement form for vaccinations. It would be good to get such doctors weeded out of the USCIS system.

Our 140/485 filed with NSC, then moved to CSC for receipting, got WAC receipt #, then moved th TSC, pending since July 2007.

RD=7/23/07
Notice Dae =9/19/07

on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.

FP notice received and done in January 2008.

Yes, we need to do something to help us.

JJ

Gurus,

I know most of you might be busy looking for the bill.

Please post your exp with infopass in Dallas TX

I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...


If your company is ok with giving you a letter sticking to your original duties you should be fine, there is no need to inform USCIS about it. I know it amounts to misleading but in your situation that is the best you can do.

good luck

your wife is exempt from EAD/AP fees. If you apply online for her EAD or AP, the system will automatically figure that out and will not charge anything additional

Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?

I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.

Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?

Two points that I am not a fan of:

1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.

2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.

10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.

Source:
www.immigration-law.com

There's thousands of threads that talk about porting. I don't think there's any need to re-iterate those topics again.

Specially from the crappy source you had provided.

One word worth millions, so you are more than welcome to say what ever you want to!
But, when we say something is wrong we should know what is right in the first place, we are more than happy to accept the truth, if you can share with us.
Like it or not reality is tough to digest almost all the time. Let's hope our brothers and sisters will not fall prey to the evil employer(s):(

Actually my husband is primary for GC process.I am on H4 visa.How can he revoke I-140.My PD is may'03 and TSC

AFLACK!Nice photos! I like ducks...they taste good. :p

If you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).

First plan where changing it is priority..something like:

> Financial (Banks, credit cards, brokers etc.)
> US Govt Agencies
Immigration (Since you have applied for AoS, might wait)
SSN
IRS (will be changed with a new return)
Local towns (only if necessary)
DMV - License
> Passport
> Workplace

then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.

Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.

SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.

The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)

Good luck !

It's OK to stay while change of status (COS) is pending if COS was filed before I-94 expiration (your case). Even though your wife will be technically out of status after 1/3/09, she is not going to accumulate unlawful presence because her stay is authorized by US Attorney General. Out of status is not a big deal. A person who came on H1 and filed for AOS does not have any status if H1 expires, but that person is lawfully present in US.
So wait for a decision on COS and if it is denied, your wife has 180 days to get a lawful status or to pack and leave without any adverse consequences.

I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.

Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).

It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).

Anyone else having issues?