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  • dazed378
    04-07 08:40 PM
    Guess what I discovered today? I found the filled in W7 form and notarized copies of my wife's passport in my house. All this while I was so confident that I did send the W7 form along with tax return form, but it turned out I forgot to do so :(. I called IRS and they told me that I need to fill in Amended Tax Return form (Form 1040X) now. On the contrary, my tax preparer (CPA) is saying I just need to resend Form 1040 and W7 and there is no need to amend as there is no change in figures. Whose words should I follow now? Please advise.




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  • BimmerFAn
    05-29 09:34 AM
    I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.

    I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
    It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.

    To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.

    The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.

    Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.

    Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.

    Applied for a Waiver with the DOS: 4/22/10
    Received by DOS: 4/30/2010
    Response: Favorable Recommendation 05/04/2010
    Received by the USCIS @ VSC: 05/07/2010
    Waiver Approved by USCIS: 05/15/2010
    H1-B Filed under PP with the USCIS: 05/07/10
    H1-B Received by the USCIS: 05/11/10
    Decision: H1-B Approved 05/25/10




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  • NolaIndian32
    09-22 10:30 AM
    I completely empathize with you - see my case details in signature :-(


    When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".




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  • senthil1
    07-08 02:51 PM
    It is not just IV. He does not give any other source where he is getting information. In IV some persons always try to find fault with others whether pro immigrants or Anti immigrants. IV is dealing with only very small part of immigration that is Green card for highly skilled persons. But other groups like AILA is trying to get benefit for all the section of immigration. Of course there is no surprise in seeing their welfare first before seeing others. Lawyers will give more importance to their profession than the common people
    Given that (I believe) he regularly visits IV and gets information from here, but never wants to give IV the credit for it.



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  • Eternal_Hope
    02-27 02:49 PM
    About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

    Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

    Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

    As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

    Comments on the analysis.........?




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  • chantu
    08-16 12:09 PM
    Do you know what more 'info' is? Did you ask that guy what info he needs? I renewed my PA license for 3 times. I had no problem. Just show whatever documents listed on website for people on visa or EAD.



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  • ajju
    02-27 02:48 PM
    I have the file numbers etc since I got finger print notice last year so am set up online to track the applications. But just haven't see the receipt notices come through. Should I be concerned?

    If your lawyer filed on your behalf.. the receipts might've just went to him... Check with your lawyer...




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  • number30
    03-29 06:02 PM
    You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.

    Yes That is the way. You have three years to ammend your tax return. It is simple and common



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  • vicks_don
    04-18 03:16 PM
    All cases filed before april 1st would they be transfered to TSC or processed at VSC.

    Mine was filed last october.

    Thanks




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  • r2i2009
    09-20 09:30 PM
    Confused ...i think GC stands for Great Confusion
    Came in 2001....PD 2003......EB3

    Will I ever get my GC? What is it anyway?



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  • makemygc
    06-22 11:18 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present

    My civil surgeon advised me against by-passing skin test. He said, he has done that in the past but peope got an RFE.




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  • sangeethak31
    07-14 08:33 PM
    Hi,

    Fortunately, I am able to get hold one of my ex-collegues. Is one co-affidavit letter enough?

    Thanks in advance.
    Sangeetha K



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  • Lasantha
    04-15 09:00 PM
    Congratulations !!! I am very happy for you!

    Hi folks,

    Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!

    Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
    abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.

    I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!

    my best :)




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  • sanin
    01-16 05:51 PM
    Hi,

    I was working with company A since June to Dec 07. and Now I got offer with company B which they are filing my H1 transfer.

    but i dont have the last 2 months (Nov & Dec) paystubs from company A (have paystubs from June to Oct). because my employer always give me latest 2 months the paystubs but i have proof of Bank Acccount mentioning the payroll information in bank account for month of Nov & Dec 07.

    So does the Bank Account statement will be valid for H1 transfer ?

    Please reply me ASAP.
    sanin.



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  • LostInGCProcess
    11-10 03:56 PM
    Hi forum users,

    My wife is on h4 visa and we have found a volunteering position for a profit company.

    Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.

    You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.

    So that once we get our EAD we can use it to work.

    Does any one have any information about this. Because it is not a non-profit company it is a profit making company.

    The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.

    Thanks.

    The answer is a BIG NO. If that job, for which your wife wants to volunteer, is technically a paying job, then he/she cannot volunteer, being on H4 who can't work.

    Consult an attorney to make sure you are not unintentionally crossing the legal/illegal line and breaking any immigration rules.




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  • Chicago Desi
    10-18 11:45 AM
    sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.

    In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.

    --- Very good advice. I have burnt through 'company's lawyer', who is a very good one but since was hired by my employer, acted in their favor and screwed my gc. :mad:



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  • gc007
    01-07 10:38 PM
    I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.

    These are just my thoughts. And I am not a layer.

    Have a great trip


    Thank you very much .




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  • Desertfox
    04-06 04:39 AM
    I found this in another website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=685c8d8b3b760210VgnVCM1000004718190aRCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

    "Since the beginning of this fiscal year (October 2008), USCIS has adjudicated over 75,000 employer petitions, reducing the pending caseload of petitions to under 55,000.USCIS� goal is to have adjudicated all the older employer petitions, and to be processing newer petitions within 4 months, by the end of September 2009"

    Good find! I have never seen such a thorough explanation about the EB process backlog/delay from USCIS. Something has definitely changed after our ex governor Janet Napolitano became the DHS secretary.




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  • sh2005
    08-13 11:24 AM
    From my notice the processing date is meaningless at TSC because the dates are mostly the processing windows. For example, I140 was Jan 13 in July notice, which was 6 months behind. If you take a look on AP and EAD, they were just 3 months behind.

    It turns out to me that processing date is the date that you are entitled to make a phone call to request your status. You may be lucky to have your EAD in 1 or 2 months. But if you do not have it in three months, you can make a call to request a reason they can not deny your request. But if your date is later than the processing date, they may turn down your request or ask you to wait.

    That's it!

    It makes predicting when our applicatios will be done a little harder :)




    snathan
    08-18 05:32 PM
    They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.

    Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes.

    Exactly.....You nailed it correctly.




    slowwin
    04-25 11:30 AM
    hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex

    Rex,

    1) It is better to send in an AC21 letter, when in doubt i.e, in case your employer revokes I-140., even though you have crossed 180 days threshold after filing for I-485/AOS.

    2) Retain your own lawyer and change G-28 to him/her. For changing G-28 to self is done by sending in a letter to USCIS saying that you are withdrawing the representation rights (for you) of the the previous lawyer.

    3) First Change address. Use AR-11 form. send it to the address shown on that form. secondly, Call the number on your I-485 and other receipts to update your new address.

    The proper sequence to follow is 3, 2, 1.

    Thanks,

    ----------------------------
    DISCLAIMER: Not a legal advise. This is my personal opinion. Consult an attorney to proceed.



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