raj2007
03-31 02:38 PM
Can we file taxes seperately on married status?
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
Are you maintaing common bank account? Just filing seperatlt doen't disqualify you for immigration purposes.
I mean, my CPA did estimates seperately and we found substantial difference...
Is there any problem in we filing seperately as we r into 485 peding stuff?...
From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.
First of all, are they related?
Are you maintaing common bank account? Just filing seperatlt doen't disqualify you for immigration purposes.
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mambarg
07-27 02:01 PM
Thanks.
I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
But my attorney said its no use to beat the system and I should wait till october.
I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.
Every day matters as the counter is 180 days. It is like a time bomb clock.
I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.
I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
But my attorney said its no use to beat the system and I should wait till october.
I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.
Every day matters as the counter is 180 days. It is like a time bomb clock.
I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.
kaisersose
11-30 03:40 PM
They will not approve a derivative case without approving the principal. USCIS does not follow FIFO, so though it is possible they picked up a 485 application from July, the second problem of having a PD available kicks in.
So for this approval to be valid, some IO should have
1. Picked up a July application for processing
2. Ignored the PD requirement
3. Approved the derivative without bothering to first approve the primary.
Three mistakes together is impossible. It is just a data entry error.
So for this approval to be valid, some IO should have
1. Picked up a July application for processing
2. Ignored the PD requirement
3. Approved the derivative without bothering to first approve the primary.
Three mistakes together is impossible. It is just a data entry error.
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vin13
01-06 08:41 AM
I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.
Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.
When you first approach the Immigration officer let him know that you are using Advance Parole.
Surrender all your i-94s while leaving. Make a copy for your records (both sides).
I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.
The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.
Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.
When you first approach the Immigration officer let him know that you are using Advance Parole.
Surrender all your i-94s while leaving. Make a copy for your records (both sides).
I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.
The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.
Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.
more...
freedom_fighter
01-15 09:22 AM
anyidea how long does it take for the actual card to come, after getting the CPO email. I checked my status says, welcome notice sent something.
How long does it take to get the actual card after approval notice is sent.
How long does it take to get the actual card after approval notice is sent.
sanju_dba
01-04 12:12 PM
i would prefer to be a documentary instead of a feature film!
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singhsa3
08-29 01:22 PM
I think they had understanding of RD all along. The reason I say that is anytime I contacted IO or went to InfoPass they had this information.
What was different then was that they had all applications in sets of boxes, which had random applications.
Now thinking logically, it would take them lots of efforts to sort that mess out. And the best way out is to retrogress to a point where the available number of visas will be utilized as well a degree of fairness can be achieved.
Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?
This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.
They should better post where they are based on PDs, and work based on that too.
What was different then was that they had all applications in sets of boxes, which had random applications.
Now thinking logically, it would take them lots of efforts to sort that mess out. And the best way out is to retrogress to a point where the available number of visas will be utilized as well a degree of fairness can be achieved.
Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?
This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.
They should better post where they are based on PDs, and work based on that too.
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meher
12-24 11:48 AM
Thank you Swamy and Reachinus.
Reachinus
That is definetly helpful.
What is substitue w2. Please send me any link that can give me more details.
Based on Sep pay stub, my new company has filed for H1B Transfer in december and have received the Receipt. Will there be any out of status issues in H1B Transfer because of no pay stubs after september?
Reachinus
That is definetly helpful.
What is substitue w2. Please send me any link that can give me more details.
Based on Sep pay stub, my new company has filed for H1B Transfer in december and have received the Receipt. Will there be any out of status issues in H1B Transfer because of no pay stubs after september?
more...
dingudi
10-25 02:46 PM
Guys,
Today I saw a weird online status sequence for my spouse's EAD. At first when I checked it said that "card production has been ordered. Please wait 30 days to receive it." I checked again after couple of hours and the online status reverted back to the usual receipt notice status which says something like this
" On August 10, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice."
This was the message I was receiving when I got the receipts initially.
But for my EAD today it is says "card production ordered...." and this message is still being displayed whenever I check it. So I am not sure why for my spouse's EAD the status went from "card production ordered" to previous receipt notice status.
I-485 July 2nd
I-485 ND Sept 10
No FP yet.
EAD/AP receipts received.
Today I saw a weird online status sequence for my spouse's EAD. At first when I checked it said that "card production has been ordered. Please wait 30 days to receive it." I checked again after couple of hours and the online status reverted back to the usual receipt notice status which says something like this
" On August 10, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice."
This was the message I was receiving when I got the receipts initially.
But for my EAD today it is says "card production ordered...." and this message is still being displayed whenever I check it. So I am not sure why for my spouse's EAD the status went from "card production ordered" to previous receipt notice status.
I-485 July 2nd
I-485 ND Sept 10
No FP yet.
EAD/AP receipts received.
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acecupid
06-26 10:01 AM
I jst got an update on my and my wife I-485; i am not sure what it is about as i have not received the RFE yet.....but i think they are asking for our BC as we did not provide them when we applied for I-485;
I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.
Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!
Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!
Thanks in advance !!!!!
My dear friend from Pakistan,
why were you waiting for so long since you applied for I-485 to arrange for birth certificate ? Now you have to scramble due to the RFE end date. Anyways, here is the solution. You can provide 2 affidavits from your parents for each of you (i.e. you and wife) and also a birth certificate from pakistani consulate in US. I am not sure if the pakistani consulate issues birth certificates, but you can try. Keep in mind that the BC issued by the consulate is not sufficient by itself. You can just provide that as secondary/additional proof. You will still need the affidavits. Below is a format for father's affidavit. You can use similar wording for mother. I hope that helps you... Good luck!
================================================== ====
I, <fathers name>, aged XXyears, son of <grandfathers name>, residing at <address> do hereby state that the following is true and accurate to the best of my knowledge:
1. I am a citizen of <country>
2. I am the father of <your name>
3. I was born on <birthdate> in <location>
4. I was living in <your birth place> in <month and year of your birth>
5. I personally know that <your name> was born on <birth date> in <location, state, country> at <hospital name> from the valid wedlock of me and my wife <mothers name> and I know the fact of his birth because of my relationship to him.
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.
Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!
Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!
Thanks in advance !!!!!
My dear friend from Pakistan,
why were you waiting for so long since you applied for I-485 to arrange for birth certificate ? Now you have to scramble due to the RFE end date. Anyways, here is the solution. You can provide 2 affidavits from your parents for each of you (i.e. you and wife) and also a birth certificate from pakistani consulate in US. I am not sure if the pakistani consulate issues birth certificates, but you can try. Keep in mind that the BC issued by the consulate is not sufficient by itself. You can just provide that as secondary/additional proof. You will still need the affidavits. Below is a format for father's affidavit. You can use similar wording for mother. I hope that helps you... Good luck!
================================================== ====
I, <fathers name>, aged XXyears, son of <grandfathers name>, residing at <address> do hereby state that the following is true and accurate to the best of my knowledge:
1. I am a citizen of <country>
2. I am the father of <your name>
3. I was born on <birthdate> in <location>
4. I was living in <your birth place> in <month and year of your birth>
5. I personally know that <your name> was born on <birth date> in <location, state, country> at <hospital name> from the valid wedlock of me and my wife <mothers name> and I know the fact of his birth because of my relationship to him.
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
more...
rajenk
08-18 02:31 AM
Hello All,
The lawyer did send separate checks and the applications were sent in a single package. As stated earlier I got my receipts. But my wife's check is not cashed yet. But today's (Aug 17th, 2007) receipting update from USCIS http://www.uscis.gov/files/pressrelease/ReceiptingTimes081707.pdf states that they have completed for July 2nd filers. Mine was submitted on July 2nd 2007. What are my options now?
1. What could be done if my wife's application was lost by USCIS?
2. What are the chances that I can re-file my wife's application again?
Please answer.
Thanks
Raj
The lawyer did send separate checks and the applications were sent in a single package. As stated earlier I got my receipts. But my wife's check is not cashed yet. But today's (Aug 17th, 2007) receipting update from USCIS http://www.uscis.gov/files/pressrelease/ReceiptingTimes081707.pdf states that they have completed for July 2nd filers. Mine was submitted on July 2nd 2007. What are my options now?
1. What could be done if my wife's application was lost by USCIS?
2. What are the chances that I can re-file my wife's application again?
Please answer.
Thanks
Raj
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nc14
04-09 03:43 PM
Himu, I have been following IV for months now and have been doing my small part lately. I wanted to post this because like you I also want other readers to be aware of what other people think of Senior Members. I don�t share your sentiments where you say Senior Members have heckled people (I am also a Junior Member). In fact they have been more then helping.
Now, let�s talk about the point you have raised. Tell me, which part of janakp's post you found heckling or offensive? To me he is giving the obvious answer, which anyone following the forums should have known already. We can do this, we can do that and of course everything that we can come up with but for everything we need VITAMIN M (DOLLARS).
My friend you must be aware that we are short of it (as you seem to be an avid follower of IV). As far as I understand we barely have the money for lobbying. So, I ask you what would be your response to any idea, which needs money to be fulfilled?
Just want to make sure over here .You think janakp telling nath.exists to start contributing (if he is not already doing so) to achieve our common goals is heckling Check for yourself (http://dictionary.reference.com/browse/heckling)?
.............................................
$60 + $20 (recurring contribution)
I have observed senior members constantly heckling anyone trying put their views asking "Have you given any contribution ?" "How have you contributed to any work?" This is a democratic cause and i think we not heckle people. It will erode the support base. We need to understand that out of all the members only few percent will contribute. Constant repsonses to people expresssing their view will either drive people away or will not allow more creative ideas to come out. Take this case. It is a very good idea to go to Indian channels. I would expect a response like "Lets approach them and try to convince about our cause" (I know when i am writing this, next post will be why dont you try clling. I am ready but such a responce will dampen anyones spirit. Consider our activity like a profit center. More people and ideas is the driving force.Money is important but people who understnad the cause wont wait to contribute anyway.
Hope this make sense and we have more positive posts !!!
Now, let�s talk about the point you have raised. Tell me, which part of janakp's post you found heckling or offensive? To me he is giving the obvious answer, which anyone following the forums should have known already. We can do this, we can do that and of course everything that we can come up with but for everything we need VITAMIN M (DOLLARS).
My friend you must be aware that we are short of it (as you seem to be an avid follower of IV). As far as I understand we barely have the money for lobbying. So, I ask you what would be your response to any idea, which needs money to be fulfilled?
Just want to make sure over here .You think janakp telling nath.exists to start contributing (if he is not already doing so) to achieve our common goals is heckling Check for yourself (http://dictionary.reference.com/browse/heckling)?
.............................................
$60 + $20 (recurring contribution)
I have observed senior members constantly heckling anyone trying put their views asking "Have you given any contribution ?" "How have you contributed to any work?" This is a democratic cause and i think we not heckle people. It will erode the support base. We need to understand that out of all the members only few percent will contribute. Constant repsonses to people expresssing their view will either drive people away or will not allow more creative ideas to come out. Take this case. It is a very good idea to go to Indian channels. I would expect a response like "Lets approach them and try to convince about our cause" (I know when i am writing this, next post will be why dont you try clling. I am ready but such a responce will dampen anyones spirit. Consider our activity like a profit center. More people and ideas is the driving force.Money is important but people who understnad the cause wont wait to contribute anyway.
Hope this make sense and we have more positive posts !!!
more...
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jettu77
03-12 10:22 AM
Congratulations!
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mwin
08-17 02:14 PM
I485 will be accepted, if all other things are good.
Don't worry about EAD and AP, if it gets rejected you can always re-apply. You can apply for these any time during 485 stage. Aug 17 does not apply here. Of course you have to pay the new fees.
Don't worry about EAD and AP, if it gets rejected you can always re-apply. You can apply for these any time during 485 stage. Aug 17 does not apply here. Of course you have to pay the new fees.
more...
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bikram_das_in
10-20 06:15 PM
Any violator of US immigration law is prohibited from entering USA for 10 years. Your wife may apply for for green card after 10 years. You will be a citizen by then, so things should be easy. Ask a lawyer if you have a better option.
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venky08
07-28 05:07 PM
quite interesting find...do you have a reference?
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
Even though India is by far the country of birth with the most high skilled immigrants to the US, it still takes up less than half of the number of high skilled immigrants. By some discussions going on on this forum, you would think 95% of the high skilled immigrants come from India.
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jsb
01-08 03:49 PM
Can someone please clarify
i know there is always risk involved ....
If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
i know there is always risk involved ....
If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
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Ann Ruben
07-20 07:33 AM
without seeing your son's complete record and carefully researching the NY criminal code, it is impossible to give correct legal advice.
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GcInLimbo
11-17 03:53 PM
Bump.. Updated the profile.
calboy78
11-10 01:55 PM
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
swadeshi
06-20 04:15 AM
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
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