arnet
11-22 09:28 PM
this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.
http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
ksarin1
01-13 11:25 AM
Hello folks -
I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.
I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.
Do you think showing business income on form 1040 will have any impact on the processing of I-485?
Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.
Thank you!
I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.
I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.
Do you think showing business income on form 1040 will have any impact on the processing of I-485?
Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.
Thank you!
Dhundhun
08-13 01:30 PM
~~ bump ~~
(IVans, got four REDs for this thread)
(IVans, got four REDs for this thread)
h1b_forever
09-13 02:08 PM
It is so frustrating to not have a receipt for Jul2 filing yet. Should be poll to see how many are still waiting
more...
whattodo21
04-20 01:44 PM
the question is when we march with them, will we be marching for amnesty or for our issues. If we are marching for our issues, where, when and who will we be making this case to? I don't consider myself better than the undocumented, but I would like to know will I have a voice?
One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.
BTW in politics right or wrong is rarely a consideration.
One may choose to sleepwalk with this complex (superiority?) that I am not one of them, but the reality on the ground is different. Our cause is hostage to bitter politics and guess what the only way at this point in time we can possibly achieve our goal by playing the politics right.
BTW in politics right or wrong is rarely a consideration.
sayantan76
11-06 03:37 PM
AMERICAblog News: ThinkProgress: GOP entering class is a bit nutty (http://www.americablog.com/2010/11/thinkprogress-gop-entering-class-is-bit.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+Americablog+(AMERICAblog))
Here is a snapshot of the GOP Class of 2010�s extremism:
ENVIRONMENT
- 50% deny the existence of manmade climate change
- 86% are opposed to any climate change legislation that increases government revenue
IMMIGRATION
- 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
- 32% want to reduce legal immigration
TAXES/SPENDING
- 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
- 79% have pledged to permanently repeal the estate tax
- 48% are pushing for a balanced budget amendment
i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
Here is a snapshot of the GOP Class of 2010�s extremism:
ENVIRONMENT
- 50% deny the existence of manmade climate change
- 86% are opposed to any climate change legislation that increases government revenue
IMMIGRATION
- 39% have already declared their intention to end the 14th Amendment�s guarantee of birthright citizenship
- 32% want to reduce legal immigration
TAXES/SPENDING
- 91% have sworn to never allow an income tax increase on any individual or business � regardless of deficits or war
- 79% have pledged to permanently repeal the estate tax
- 48% are pushing for a balanced budget amendment
i have no particular affinity for either democrats or republicans (and since i cannot vote - dont care much either) - but not everything in this list is bad......
1. almost no other country has an unqualified birth-right on citizenship........so, if americans at some point want this changed - this is well within their rights.......however, constitution amendment process is so complex in this country ( i believe all states have to ratify or something like that) - it is near impossible.
2. balanced budget is not a bad idea - deficit financing ad infinitum does not make much sense
3. most of us dont like tax hikes - so if GOP folks agree with that view - whats wrong with that?
4. Estate Tax is just the Govt's way of destroying individual wealth even after death - repealing it is actually a fairly good idea.
the unfortunate reality is that both parties have some good ideas and some nutty ideas and the pity is we cannot choose what we like best from each - the set of beliefs is a like a package deal - you get the good with the bad.........
more...
shahzaib616
05-17 06:41 PM
I have posted this in another thread within this forum, however because of the numerous amount of questions and answers posted on that thread, I fear that my post will be overlooked or unconsidered. Thus, I have reposted it as its own thread.
Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
For everyone else, please read below for my story/question.
"Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib"
Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
For everyone else, please read below for my story/question.
"Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib"
guesswho
03-13 04:58 PM
Why is your lawyer is advising that? If you are maintaining H1/H4 status, you can absolutely go to India, get ur H1/H4 stamped and come back. I did that in Jan 2008 (my I-485 was pending and I had not applied for AP/EAD at that time. The consulate knew I had a pending I-485 application as I indicated that on the visa form), got my visa stamped and came back on H1B.
The drawbacks I can think of -
- ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
- I don't know how it will affect your pending AP application.
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
The drawbacks I can think of -
- ur H1 is delayed pending any kind of checks, then you don't have ur AP to rely on.
- I don't know how it will affect your pending AP application.
HI fellow members..
I duly filed for AP along with my my 485 in OCT 2007. They messed up the photos on the AP. They put my wife's photo on mine and vice versa. We asked for a correction and they interchanged the case nos on the AP issued.
So after 2 years they still have not given me a valid AP document. I refiled again last week.
I have to attend my sisters wedding in June this year. We are still maintaining our H1/H4 status. My H1 is valid till 2011.
Is it ok to leave the country without an AP and re-enter on H1.? I will have to apply for H1visa at the chennai consulate.
My lawyer advises me not to go without an AP. Not going is not an option for me. Has anyone here re-entered in H1 visa after stamping whiel their I485 is pending.
Im so tired of this immigration game. 0 Accountability. ..they told my lawyer they will not issue a correction to the wrong AP issued since it has already been approved till 2010 and I will have wait till 2010 to re-apply for correct AP and I cannot travel outside till 2010..do these people understand what they are doing ??
Pls take a moment to reply
more...
i99
09-26 01:18 PM
Answer to the initital inquiry in this thread:
I don't think anyone can know at this point. There is frontlog/backlog at different steps. USCIS information they post is misleading. Look how wrong receipting dates information is !!!...:(
I don't think anyone can know at this point. There is frontlog/backlog at different steps. USCIS information they post is misleading. Look how wrong receipting dates information is !!!...:(
greyhair
09-30 10:24 PM
... there are always idiots in any group.
I wouldn't be worried if there were some idiots in this Chinese group. The reason I'm worried is because the entire group is idiot. These Chinese are knowing shooting themselves in the foot. They are ok as long as Indians are getting shot too. If this is not dumb then I don't know what is.
I wouldn't be worried if there were some idiots in this Chinese group. The reason I'm worried is because the entire group is idiot. These Chinese are knowing shooting themselves in the foot. They are ok as long as Indians are getting shot too. If this is not dumb then I don't know what is.
more...
monkeyman
11-18 09:23 AM
These responses are based on my experience:
Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.
You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.
Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.
Make sure you are counting 180 days after you get the EAD Card (based off the valid date on the EAD Card) - like my lawyer says, its USCIS and they have no clue as to what they are doing. In such an event, you will be fully covered.
You can work anywhere you want to. You can use EAD as your proof of status and eligibility to work. Note that, you should ensure that you get your EAD Card renewed very religiously. Any lapse in renewal could be effectively used against you. Oh, it is also called Work Permit and normally, the employer asks for it during filling up your I-9.
Besides that, you are not required by law to do anything more. You might get called for AOS interview where you might be asked questions about your employment (I never did). But that is just a formality. I have read in forums about filing AC21, but my lawyer said such things were optional (in my case since I joined the client from the service provider). You should chill out and enjoy the job. Good luck.
MerciesOfInjustices
10-06 09:44 AM
IV makes a public announcement of its advisory board today. These advisors have been associated with Immigrationvoice for quite some time and we have decided to make the names public after they gave us permission to make their information public.
Thanks to all the advisors - you have made us feel hopeful about this country! Thanks for laying it on the line for some faceless aliens - I promise that your support will bring a lot of returns to the USA as well as all of us!
Thanks to all the advisors - you have made us feel hopeful about this country! Thanks for laying it on the line for some faceless aliens - I promise that your support will bring a lot of returns to the USA as well as all of us!
more...
nogc_noproblem
03-16 12:37 PM
Well said, if we always worry about the exceptions, then there won�t be any peace in life.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
Immigstories
01-21 06:56 PM
Gurus
Please share your thoughts on my question above.....
Please share your thoughts on my question above.....
more...
lostinbeta
09-05 04:44 PM
Most Photoshop 6 tutorials also work the same in PS7. I don't really follow many tutorials, so I don't know any of the good sites with tutorials, but if you run a search on www.google.com for Photoshop tutorials you should get something. Even if they are for PS6, they will most likely work in PS7.
dilipb
02-13 09:24 AM
I am EB3, Indian, PD Aug 2004.
This is stupid.
"PD should be current to apply for 485
and PD should also be current for them to approve my 485"
Yup, retrogression sucketh.
This is stupid.
"PD should be current to apply for 485
and PD should also be current for them to approve my 485"
Yup, retrogression sucketh.
more...
GCard_Dream
07-13 01:22 PM
With new threads being created every minute, it's hard to keep track of relevant threads in "Recent Forum Posts" section of the homepage. I am not saying that some threads are irrelevant but there are bunch of threads talking about the same issue or news. Lot of members create new threads without realizing that the topic has been discussed already in some other thread. Some threads are personal in nature (nothing wrong with that) but not all members will benefit from that and so on....
In light of that, I was wondering if there is a way for core team to identify the top 5 or so useful threads and always keep it on the top of the "Recent Forum Posts". All other threads can be displayed further down. This will just allow those top 5 threads (like for media drive, IV action items, breaking news, etc) to be visible on the homepage all the time and members will have easy access to those threads.
I am not a webpage designer to I don't know how difficult that would be to implement but just a suggestion.
In light of that, I was wondering if there is a way for core team to identify the top 5 or so useful threads and always keep it on the top of the "Recent Forum Posts". All other threads can be displayed further down. This will just allow those top 5 threads (like for media drive, IV action items, breaking news, etc) to be visible on the homepage all the time and members will have easy access to those threads.
I am not a webpage designer to I don't know how difficult that would be to implement but just a suggestion.
nvmurali
06-02 04:20 PM
You will have to restart your GC process, but once you have the new PERM and I-140 approved, you can recapture your old PD (which is Feb '08), but you can't use provisions from the AC21 unless your AOS was pending for at least 180 days when you make the change.
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
This is not legal advise - a lawyer consultation is highly recommended.
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
xgoogle
06-24 08:10 AM
Need an answer urgently.....:confused:
radhagd
01-04 09:52 AM
yes ns007 is right. It's the best advise.
sundarpn
08-01 11:44 PM
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
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