amsgc
03-11 09:33 PM
I have an NRE account and I get a 1099-INT every year from my bank for that account. It clearly states that the interest has been reported to the IRS and therefore must be shown on the 1040.
We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?
We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?
wallpaper shakira nuevo novio. Shakira ya se instaló en; Shakira ya se instaló en
.jpg "Shakira lanzará su nuevo video")
sayonara
07-18 04:03 PM
Does this mean Interim EAD option is not available any more? Was there a press release for this?
Thanks
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
:confused:
Thanks
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
:confused:
RNGC
02-05 04:47 PM
^^
2011 Shakira lanzará su nuevo video
InMess
02-22 09:34 AM
Hi Guys i need some advice/help on my I-140 denial.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
more...
meridiani.planum
07-13 12:32 PM
Folks,
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
singhsa3
08-19 05:34 PM
It takes courage to stand with fliers in your hand in the middle of a crowd, trying to hand out to people and in return get a look from them as if they are saying we are not buying whatever you are selling.
But three of our members had courage to face that looks and ignore the humiliation of being ignored by most people. These people are Raj , Murali and Kumar.
In spite of several people residing in tri state area , only four (including myself) volunteers showed up to distribute fliers at the India day parade. In the eyes of IV and all those who are living far enough to participate in our effort, these people are true heroes.
Interestingly, we met couple of people at the parade who claimed to be member of IV. What does being a member of IV means? Unless you actively participate, you are not a real member.
Anyways, the crowd at the parade was good and our team did best they could do and were able to distribute around 500 fliers. I fully agree that we could have done more and with more enthusiasm had our number were greater. But in spite of the odds, the spirits remained high.
I thank again to Raj , Murali and Kumar for sticking together for our cause. It is the people like you who will make the change happen.
May god bless you!
Thanks
Sanjeev
But three of our members had courage to face that looks and ignore the humiliation of being ignored by most people. These people are Raj , Murali and Kumar.
In spite of several people residing in tri state area , only four (including myself) volunteers showed up to distribute fliers at the India day parade. In the eyes of IV and all those who are living far enough to participate in our effort, these people are true heroes.
Interestingly, we met couple of people at the parade who claimed to be member of IV. What does being a member of IV means? Unless you actively participate, you are not a real member.
Anyways, the crowd at the parade was good and our team did best they could do and were able to distribute around 500 fliers. I fully agree that we could have done more and with more enthusiasm had our number were greater. But in spite of the odds, the spirits remained high.
I thank again to Raj , Murali and Kumar for sticking together for our cause. It is the people like you who will make the change happen.
May god bless you!
Thanks
Sanjeev
more...
dixie
09-11 10:14 PM
Getting our voices heard and getting relief measures passed are not the same thing. Awareness is the first step; legislation (a loooong process BTW) is a possibility only after that. The lawmkers and media were not even aware of our problems thus far .. they went by the maxim (immigration = illegal aliens) and (legal immigration = H1B visa increase).You must recognize that it takes time to rid them of that mentality.
For all their herculean efforts, we are by no means all-powerful.The core team does the best it can under the circumstances. Witness the managers amendments in CIR .. the bill failed for reasons beyond our control, but isnt that evidence enough of what we can achieve ?
Also remember this is election time .. politicians will obviously worry first and foremost about their re-election. Going by your yardstick, the much much mightier tech,healthcare and agribusiness industry lobbies have all failed to get any relief measures passed for themselves.
Getting favorable legislation enacted is a prolonged process where a lot of patience is called for. We are all in a hole, and IV is our only bet to get out of it. Please have faith and continue contributing to our cause.
I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.
For all their herculean efforts, we are by no means all-powerful.The core team does the best it can under the circumstances. Witness the managers amendments in CIR .. the bill failed for reasons beyond our control, but isnt that evidence enough of what we can achieve ?
Also remember this is election time .. politicians will obviously worry first and foremost about their re-election. Going by your yardstick, the much much mightier tech,healthcare and agribusiness industry lobbies have all failed to get any relief measures passed for themselves.
Getting favorable legislation enacted is a prolonged process where a lot of patience is called for. We are all in a hole, and IV is our only bet to get out of it. Please have faith and continue contributing to our cause.
I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.
2010 shakira nuevo novio.
MerciesOfInjustices
02-19 02:51 AM
DLs are all managed at State level, but there is an effort to standardize it. My wife applied for DL/Learner's permit in AZ. We had H4 valid thru Aug 31, and an extension starting Sep 1, but they refused to give us the extended period. Their explanation - the software would not allow it. They could not enter information based on 2 documents because the Notice of the extension did not become effective till Sep 1. We had to go back & get it extended, and they did it without another test. But we had to pay another fee.
And, I basically got a lifetime DL because I had applied way back in the good old days, 1998!
And, I basically got a lifetime DL because I had applied way back in the good old days, 1998!
more...
WaldenPond
02-24 07:02 PM
Here is the Senator Specter's markup summary document:
http://immigrationvoice.org/media/SpecterMark.pdf
http://immigrationvoice.org/media/SpecterMark.pdf
hair shakira nuevo novio. shakira
aniraj
07-31 11:42 PM
I-485 pending with PD June 07 & valid EAD
Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
Is this the same parole as I-131?
Is it possible to apply for FAFSA for student aid as they require Green Card or US citizenship?
I see on FAFSA website one catagory as eligible non-citizens which includes applicants with I-94 & with atleast 1 yr parole validity.
Is this the same parole as I-131?
more...
Cloakendagger
06-15 12:39 PM
Lerm,
I would be willing to work with you. Check out this site I designed for a Lan group.
www.shellshocklan.com
Nevermind the chatter on the site, its nothing.
I would be willing to work with you. Check out this site I designed for a Lan group.
www.shellshocklan.com
Nevermind the chatter on the site, its nothing.
hot shakira nuevo novio. nuevo
looivy
11-12 05:06 PM
How early do I need to apply to get an appointment at vancouver or Toronto or Mexico?
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
Vancouver stamping experience (Oct 2009):
Guys we successfully had our H1B visa stamping done in Vancouver, Canada. First let me start about Vancouver and man what a beautiful place it is. It�s also called Glass City but has its own natural side in which no city can come close.
We flew into Vancouver from Seattle, WA and stayed at Days inn near West Pender St, which we did not like at all. Also take some time for taking pictures inside Vancouver airport. I think they are beautifying the airport for the Winter Olympics in 2010 but the totem poles and some exhibits are worth watching. Taxi ride to the airport is about 30$.
One advantage with Days Inn on West Pender is walking distance to the US embassy. One the visa day we came at 9:00 AM (Tuesday) to the consulate with DS-160 confirmation letter. We uploaded the photos during our electronic submission but better to have additional photos as we have seen many people being sent out as the picture in the application was not clear. The whole process took about 2 Hours and I was back to the hotel room by about 11:30 AM.
After the consulate visit on Tuesday we immediately shifted to Century Plaza Hotel & Spa. We got a good deal for Century Plaza and were surprised at the level of luxury we got.
I was only asked for my H1B approval document. The officer asked questions about our previous work location as he was from the same place. I was told to collect the document on Thursday as Wednesday was a holiday. We booked our tickets for Friday as we thought it would take two days to get our passport back.
The Friday journey meant we had lots of time to visit some amazing places in Vancouver, Canada. We visited Stanley park (must visit), Granville Island (very expensive-not much to do-liked the boat taxi), Canada place (beautiful spot for a great view), Robson street (nice street for shopping), Victoria Island (long travel but a worthy one), Caplilano suspension bridge (Did not find it too surprising), Bushart gardens-Victoria Island (must visit) and Parliament building-Victoria Island (must visit). Heard lot of good reviews about British Columbia history museum but missed it. Public transportation is great in Vancouver but do take enough time if you are planning for it. Also do take two days if you want to cover Victoria Island. The journey (Bus+BCFerry) itself takes half day.
Some of the places I would recommend for food are Banana leaf Malaysian restaurant, India Bistro and Sala Thai.
We were very depressed by the thought of another Visa stamping but Vancouver visit changed the entire episode. Been to Toronto and Ottawa before but nothing like Vancouver.
more...
house shakira nuevo novio
Singer
10-21 11:10 PM
I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.
When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!
We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.
In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.
The AAO decision granted me all that was in their power to give.
1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.
2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.
3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.
4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.
5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".
6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"
7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.
So the AAO�s office sent back my file to the Nebraska Service Center.
Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�
That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.
Remember that in May 2009 they have said that the green cards would be sent�
We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)
October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
Another ridiculous thing.
1-I am the petitioner, not my husband.
2-They should adjudicate my case first, not my husband�s!
3-my case is still pending no decision made on it�
At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.
I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa
Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.
Please somebody in this forum answers me. What should I do? Please help!
Thank you.
Singer
tattoo shakira nuevo novio
apb
08-01 07:13 PM
May be She will get the receipt number of her RFE in next 30 days.
Guys there are many many july 2nd filers in queue..:-) She has to wait..She knows :-)
Guys there are many many july 2nd filers in queue..:-) She has to wait..She knows :-)
more...
pictures shakira nuevo novio. nuevo
scorpioca
05-17 04:59 PM
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
dresses shakira nuevo novio
jgh_res
06-22 11:54 AM
Dude. Filling up forms is not a one time job and not 100% accurate the first time. U will make changes right???
Fill up the data. Take the print. Scan the print. Thats it.
Fill up the data. Take the print. Scan the print. Thats it.
more...
makeup shakira nuevo novio. a su
lazycis
11-29 04:00 PM
United States Code
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
...
(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
So the 180 days count starts from the I-485 RD. Not even notice date.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
...
(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.
So the 180 days count starts from the I-485 RD. Not even notice date.
girlfriend shakira nuevo novio
chapsi29
09-15 10:51 AM
Hello,
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.
1: I assume this should not impact me from filing a joint return. Am I right ?
2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.
3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.
Thanks in advance.
hairstyles shakira nuevo novio. de la Rúa
lj_rr
07-09 05:25 PM
Well. If you are planning to use EAD, it is probably not an issue.
However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
How do you prove that you have a I-140 pending/approved without attaching the documentation?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
How do you prove that you have a I-140 pending/approved without attaching the documentation?
If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
GCCovet
RNGC
07-05 12:17 PM
Guys,
I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .
When ?
First Saturday of November ? This way we do not disturb people's summer time vacations.
How does this help ?
First, it will help to meet State members face to face.
We can invite distinguished people to our meeting to give a speech, so we get press coverage.
We can decide our next steps.
Basically we can do a lot.
We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.
Every one please share your thoughts as what we can do in this annual meet.
I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .
When ?
First Saturday of November ? This way we do not disturb people's summer time vacations.
How does this help ?
First, it will help to meet State members face to face.
We can invite distinguished people to our meeting to give a speech, so we get press coverage.
We can decide our next steps.
Basically we can do a lot.
We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.
Every one please share your thoughts as what we can do in this annual meet.
immig4me
11-03 10:08 AM
I don't care much for either party, but I do find "talking points" abhorring as it never considers the practical matters...........
What is it about the immigration debate that makes Republicans in Congress act like children?
In the latest stunt, all seven Republicans on the Senate Judiciary Committee - Charles Grassley, Jon Kyl, John Cornyn, Orrin Hatch, Lindsey Graham, Tom Coburn and Jeff Sessions - have signed a letter asking Homeland Security Secretary Janet Napolitano to "detail exactly how much funding" would be needed to "ensure that enforcement of the law occurs consistently for every illegal alien encountered and apprehended."
The answer: A lot.
John Morton, director of Immigration and Customs Enforcement, told me that Congress appropriates $2.6 billion each year for the detention and removal of illegal immigrants.
According to Morton, ICE is able to apprehend, process and remove a maximum of about 400,000 immigrants per year. (From October 2009 to September 2010, the Obama administration deported 392,862 people.) This is a record, and yet still only a fraction of the estimated 10.3 million illegal immigrants living in the United States.
So to remove 10 million illegal immigrants, it would cost about $65 billion.
There you go, senators. Will that be cash or charge?
Of course, there are also the ancillary costs. First, if the federal government were to cast the net wide enough to apprehend large numbers of suspected illegal immigrants, perhaps by substituting skin color for probable cause (see: Arizona), it's likely to ensnare a good number of U.S.-born Latinos who would probably file a flurry of lawsuits for racial profiling, and thus run up the tab. Second, in the time that it takes to detect, detain and deport 10 million illegal immigrants, many of those who had already been removed would come back - and then have to be re-deported at an additional cost. And third, by spending that much more money on enforcement, federal immigration officials would surely inspire smugglers on the other side of the border to raise their prices. This would only enrich and empower the bad guys to bring in still more illegal immigrants.
Then, there is another problem. As incredible as it sounds, deporting millions of illegal immigrants would be disruptive to Americans' way of life. As Morton pointed out, there would likely be massive and debilitating labor shortages, especially in those industries that currently depend more heavily than they should on illegal immigrant labor.
"No one is talking about letting people go on their way with no punishment whatsoever," Morton said. "But we need a rational discussion of the proper sanction in light of the circumstances."
Republicans are really in no position to talk about seriousness. When serious leadership is called for, they offer only theatrics and chest-thumping. They have to realize that, as a practical matter, ICE can't deport every illegal immigrant it comes in contact with. But they don't care. They only want attention.
The GOP has a lot invested in spinning the yarn that the border can be secured and millions of illegal immigrants expelled through a strategy of enforcement only. Once you adopt this line of thinking, the way to explain the fact that there are still millions of illegal immigrants in the United States is to somehow argue that the Obama administration has been slow to deport them.
This was a harmless delusion when Republicans were in the minority in Congress. But now that they are gaining seats, it could become a real nuisance as politicians proceed to lecture law enforcement officials about the best way to enforce the law.
As the country's top immigration enforcement official, Morton is critical of an enforcement-only approach.
"You have to be much more precise than simply saying 'deport them all'," he said. "That kind of attitude doesn't make sense in the context of how you deal with 10.3 million people."
There you have it. Right on cue, seven Republican senators have stopped making sense.
Read more: Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL#ixzz14ETlnYgq)
Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL)
What is it about the immigration debate that makes Republicans in Congress act like children?
In the latest stunt, all seven Republicans on the Senate Judiciary Committee - Charles Grassley, Jon Kyl, John Cornyn, Orrin Hatch, Lindsey Graham, Tom Coburn and Jeff Sessions - have signed a letter asking Homeland Security Secretary Janet Napolitano to "detail exactly how much funding" would be needed to "ensure that enforcement of the law occurs consistently for every illegal alien encountered and apprehended."
The answer: A lot.
John Morton, director of Immigration and Customs Enforcement, told me that Congress appropriates $2.6 billion each year for the detention and removal of illegal immigrants.
According to Morton, ICE is able to apprehend, process and remove a maximum of about 400,000 immigrants per year. (From October 2009 to September 2010, the Obama administration deported 392,862 people.) This is a record, and yet still only a fraction of the estimated 10.3 million illegal immigrants living in the United States.
So to remove 10 million illegal immigrants, it would cost about $65 billion.
There you go, senators. Will that be cash or charge?
Of course, there are also the ancillary costs. First, if the federal government were to cast the net wide enough to apprehend large numbers of suspected illegal immigrants, perhaps by substituting skin color for probable cause (see: Arizona), it's likely to ensnare a good number of U.S.-born Latinos who would probably file a flurry of lawsuits for racial profiling, and thus run up the tab. Second, in the time that it takes to detect, detain and deport 10 million illegal immigrants, many of those who had already been removed would come back - and then have to be re-deported at an additional cost. And third, by spending that much more money on enforcement, federal immigration officials would surely inspire smugglers on the other side of the border to raise their prices. This would only enrich and empower the bad guys to bring in still more illegal immigrants.
Then, there is another problem. As incredible as it sounds, deporting millions of illegal immigrants would be disruptive to Americans' way of life. As Morton pointed out, there would likely be massive and debilitating labor shortages, especially in those industries that currently depend more heavily than they should on illegal immigrant labor.
"No one is talking about letting people go on their way with no punishment whatsoever," Morton said. "But we need a rational discussion of the proper sanction in light of the circumstances."
Republicans are really in no position to talk about seriousness. When serious leadership is called for, they offer only theatrics and chest-thumping. They have to realize that, as a practical matter, ICE can't deport every illegal immigrant it comes in contact with. But they don't care. They only want attention.
The GOP has a lot invested in spinning the yarn that the border can be secured and millions of illegal immigrants expelled through a strategy of enforcement only. Once you adopt this line of thinking, the way to explain the fact that there are still millions of illegal immigrants in the United States is to somehow argue that the Obama administration has been slow to deport them.
This was a harmless delusion when Republicans were in the minority in Congress. But now that they are gaining seats, it could become a real nuisance as politicians proceed to lecture law enforcement officials about the best way to enforce the law.
As the country's top immigration enforcement official, Morton is critical of an enforcement-only approach.
"You have to be much more precise than simply saying 'deport them all'," he said. "That kind of attitude doesn't make sense in the context of how you deal with 10.3 million people."
There you have it. Right on cue, seven Republican senators have stopped making sense.
Read more: Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL#ixzz14ETlnYgq)
Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL)
