snathan
04-08 08:41 AM
I am a resident working on H1b. Got married and wife joined me in July 2010.
1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)
Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)
What are the other options
2. Item 6d. "Identification documents submitted" ?
Options are for passport, Divers License, USCIS documentation.
My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?
Notorized copy of the passport which shows the valid visa...
Thx
.
1. First question in the ITIN form w-7 is: Reason you are submitting Form W-7. (there are couple of options)
Is the option in my case: "Spouse of U.S. citizen/resident alien"? (and it asks for the resident's i.e. my name and SSN.)
What are the other options
2. Item 6d. "Identification documents submitted" ?
Options are for passport, Divers License, USCIS documentation.
My wife has all the three. Her H4 visa is stamped and valid. What all should I submit?
Notorized copy of the passport which shows the valid visa...
Thx
.
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what_now
06-22 10:50 AM
Nebraska immigration law passes - CNN.com (http://edition.cnn.com/2010/US/06/22/nebraska.immigration/)
(CNN) -- Voters in Fremont, Nebraska passed a much-debated immigration measure Monday that would prohibit businesses and landlords from hiring or renting to illegal immigrants.
The ordinance had divided the community and put the eastern Nebraskan city into national headlines.
A local organization decried the new ordinance on its website.
"It is with great disappointment and sadness that tonight we acknowledge a majority of Fremont voters approving this misguided ordinance," the group called One Fremont-One Future said. "In reality, the passage of this ordinance shows that we have much work to do in our community to educate, break down barriers, and build relationships."
The American Civil Liberties Union has indicated it will file a lawsuit.
Similar measures were passed in Hazelton, Pennsylvania, and Farmers Branch, Texas, but they were later struck down by the courts.
In Hazelton, voters in 2006 approved a measure to enact practically the same law that Fremont has voted to adopt. But in July 2007, a federal judge found that immigration laws should be left solely to the federal government.
In May of 2008, a federal judge ruled the Farmers Branch law, which would bar landlords from renting to illegal immigrants, was unconstitutional.
"Those ordinances did not withstand legal scrutiny. They both failed in the courts when they were challenged," said Laurel Marsh, executive director of Nebraska's ACLU.
The reason according to Marsh: Both laws violated the U.S. Constitution's Supremacy clause and the 14th Amendment.
In addition, she said it's the federal government's responsibility to set immigration policy and "we are not well-served when communities or states try to set policy on their own."
Gregory Minchak of the National League of Cities said that it's the lack of federal immigration policy that is causing these cities to take matters into their own hands.
"Because of the absence of the feds doing anything, there's a lot of financial, cultural, political strains that are occurring [in cities and states]," he said. "They are just starting to act on their own."
(CNN) -- Voters in Fremont, Nebraska passed a much-debated immigration measure Monday that would prohibit businesses and landlords from hiring or renting to illegal immigrants.
The ordinance had divided the community and put the eastern Nebraskan city into national headlines.
A local organization decried the new ordinance on its website.
"It is with great disappointment and sadness that tonight we acknowledge a majority of Fremont voters approving this misguided ordinance," the group called One Fremont-One Future said. "In reality, the passage of this ordinance shows that we have much work to do in our community to educate, break down barriers, and build relationships."
The American Civil Liberties Union has indicated it will file a lawsuit.
Similar measures were passed in Hazelton, Pennsylvania, and Farmers Branch, Texas, but they were later struck down by the courts.
In Hazelton, voters in 2006 approved a measure to enact practically the same law that Fremont has voted to adopt. But in July 2007, a federal judge found that immigration laws should be left solely to the federal government.
In May of 2008, a federal judge ruled the Farmers Branch law, which would bar landlords from renting to illegal immigrants, was unconstitutional.
"Those ordinances did not withstand legal scrutiny. They both failed in the courts when they were challenged," said Laurel Marsh, executive director of Nebraska's ACLU.
The reason according to Marsh: Both laws violated the U.S. Constitution's Supremacy clause and the 14th Amendment.
In addition, she said it's the federal government's responsibility to set immigration policy and "we are not well-served when communities or states try to set policy on their own."
Gregory Minchak of the National League of Cities said that it's the lack of federal immigration policy that is causing these cities to take matters into their own hands.
"Because of the absence of the feds doing anything, there's a lot of financial, cultural, political strains that are occurring [in cities and states]," he said. "They are just starting to act on their own."
santb1975
01-28 10:45 PM
^^^
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sam12sa
12-18 04:06 PM
Hi
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
more...
kannan2010
11-12 07:15 PM
I am working as a biomedical research fellow on a J1 visa for the last 3 years in a non-profit research institute but they cannot sponsor my H1B. I am planning to get a J1 waiver and apply for H1B as I plan to work in the private industry. I am not sure whether I can apply for H1B without an employment offer? I would appreciate any suggestions.
Krilnon
02-28 09:35 PM
Welcome! It's going to be good to have a member who knows how to wield the weapon in your portrait. :P
Great entry!
Great entry!
more...
GC_1000Watt
08-08 02:44 PM
thanks buddy! So i believe it's just the state of the consulate..right?
By the way was your case kind of same?
^^bump^^
By the way was your case kind of same?
^^bump^^
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nsd786
01-17 05:11 PM
My PD is Oct 2004 .Received I-140 RFE Ability to pay.RFE date Jan 2nd 2009.They have asked for Tax returns for 2006 and 2007 (2004 and 2005 were submitted during filing).They have mentioned that we also have the option to submit W2 ,Audited statements or Annual reports.The company is a small company with 20-30 employees and is doing pretty well .For 2004 ,2005 and 2006 their net incomes is about 3-4 times my proffered wage.But there is an issue for the 2007 return.Their year ends in June and hence 2007 return was due on September 2007 for which they have filed an extension.Hence returns are not due till March 2009.RFE has to be responded to by Feb 2nd.They have paid an estimated tax of about 34000-35000 .My proffered wages are 52000.Hence if one calculates the estimated income it is in line with the previous years and is about 3 times my wages.But there is no return only extension notice and proof of taxes paid .I do not work for them right now and have no W2.They do not have any audited statement or annual report.I am trying to get them to give me a statement from their CPA stating estimated revenues,net income and tax for 2007 but I am being given the run around.If I were to submit only with the 2006 return and 2007 extension filed with proof of tax paid is it OK or do i most definitely need that letter from their CPA.I doubt I can get anything more than the CPA letter and that too is doubtful.Business owner perceives CPA letter not needed attorney states needed.I am in a limbo.Please help .Do I also need statement showing income from July 2008 through December 2008 to show current ability to pay as advised when they have asked only for 2006 and 2007 returns.PLEEEASE HELLP AND GIVE YOR ADVISE.
more...
gcby2099
05-03 10:35 PM
Guru's pl help..
One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.
Is she now on "AOS" status or out-of-status?
Is she has to file H4 as my friend's dependent?
Thanks in advance..
One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.
Is she now on "AOS" status or out-of-status?
Is she has to file H4 as my friend's dependent?
Thanks in advance..
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thakkarbhav
02-08 09:34 AM
You do not need EAD as your have GC. You can stay and work using your GC. EAD is required while your GC is under process.
more...
santb1975
01-28 10:45 PM
^^^
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sunny1000
02-22 12:58 PM
Please post this at lawyer's section ("Ask a lawyer for free") so that an attorney can help you answer the questions.
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martinvisalaw
01-26 10:37 AM
He is out of status if the L-1 employer no longer exists or he is not working for that company. If the position still existed, he would be maintaining status even though the L-1 I-94 has expired, if the extension was filed before the I-94 expired. However, the issue isn't the late filing of the extension, it's the fact that he is not working for the company and really had no basis for filing an extension.
Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.
Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.
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Blog Feeds
12-19 01:00 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.
Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.
But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?
This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.
In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)
Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.
Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.
But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?
This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.
In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)
more...
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plassey
07-20 11:01 PM
Recent memo from USCIS and 485 for does suggest that intial evidence is must. But this does not mean automatic rejection. I will suggest to wait till you get the receipt.
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
If you are worried about getting EAD then I don't think that should be an issue as USCIS is not going to discover till they start working on your case.
But this has to be corrected and hopefully, if dates become current for you in future, you just send an amendment.
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
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viper673
07-24 02:55 PM
PD has nothing to do with EAD processing. They're not linked.
more...
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Jerrome
05-22 12:02 PM
Are people getting soft lud on 485 recently?.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
My wife got RFE after this LUD, Mine and my kid's no change. Waiting for RFE details. I think since the processing time for Texas is Aug 2007 they are pre adjusting the apps, i guess.
The reason why i am asking this is my 485 did not have any LUD for past 1 year and i got one today for all my 485(mine,dependents). 140 did not have any LUD only 485s. No AP,EAD renewals..
I know from previous threads it means nothing. Just wanted to check. Was trying to not post about this but at last i posted.
My wife got RFE after this LUD, Mine and my kid's no change. Waiting for RFE details. I think since the processing time for Texas is Aug 2007 they are pre adjusting the apps, i guess.
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Prashanthi
06-23 05:16 PM
Agree with Hpandey, in this situation, 245K would help and any out of status period is counted only from the time after his latest entry, any out of status periods before that do not matter. Even without 245K i dont think the USCIS will make a big deal of this or even notice, but you never know.
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golgappa
11-17 04:41 PM
1. when the H1B extension was applied, your employer must have attached the copy of the old H1B and USCIS also would have had the old H1B and date, still they approved..it so they took that 6 days in to consideration..that can be one argument..if you have to make somewhere.
2. If your packed was mailed before 20 Feb and it reached on 26 that could also add to the argument...that it was "POST MARKED" before 20 Feb...but you dont have anything to show it..
3. it seems you were technically "out of status" in those days...
4. Was your I-94 was also till 20 FEb..normally they give I-94 10-15 days after the date of visa expiry..
2. If your packed was mailed before 20 Feb and it reached on 26 that could also add to the argument...that it was "POST MARKED" before 20 Feb...but you dont have anything to show it..
3. it seems you were technically "out of status" in those days...
4. Was your I-94 was also till 20 FEb..normally they give I-94 10-15 days after the date of visa expiry..
conga
11-14 10:46 PM
depends, but generaly, not enough.
not trying to run a business here, just want to make some cash, and build up a portfolio to fill in my resume so i can apply for a job at a local firm :p
btw, ur ball thinks im cool
not trying to run a business here, just want to make some cash, and build up a portfolio to fill in my resume so i can apply for a job at a local firm :p
btw, ur ball thinks im cool
harikris
01-30 09:37 PM
Hi,
Looking at your current thread and all other previous threads related to the same topic, it seems clear that you have to start calling the concerned department as to why you have not yet received your applicant's green card. Looks like it is being processed as we speak based on the "Note from VB" you have posted. It's still better to call and find out. I am not sure who and what number to call for FB visa enquiries - but the data you give appears that your application is "ripe" for the plucking. There are lots of thread here suggesting how to get an info pass to talk to an Immigration Officer face to face. Search for the threads.
When you pose a question, can i suggest -
1. Give all the information that the readers needs to answer. For ex: we don't know which country the applicant is chargeable to.
2. And give all information in one thread. Make up your mind what your concern is and post the question(s) in one thread. Try not to put some question out there and hope it sticks.
Good luck.
Looking at your current thread and all other previous threads related to the same topic, it seems clear that you have to start calling the concerned department as to why you have not yet received your applicant's green card. Looks like it is being processed as we speak based on the "Note from VB" you have posted. It's still better to call and find out. I am not sure who and what number to call for FB visa enquiries - but the data you give appears that your application is "ripe" for the plucking. There are lots of thread here suggesting how to get an info pass to talk to an Immigration Officer face to face. Search for the threads.
When you pose a question, can i suggest -
1. Give all the information that the readers needs to answer. For ex: we don't know which country the applicant is chargeable to.
2. And give all information in one thread. Make up your mind what your concern is and post the question(s) in one thread. Try not to put some question out there and hope it sticks.
Good luck.
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