Thursday, June 30, 2011

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  • praveen2008
    02-13 01:24 PM

    My wife is on a H4 visa. Her visa is going to expire june 2010... she has to go to India later this month on a very urgent work....

    So is it advisable to go considering the scrutiny at port of entry nowadays ???

    FYI she will be travelling by herself...

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  • Irs
    03-03 09:34 AM
    I always feel the indirect money flow is not counted for.......

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  • fromnaija
    06-21 01:44 PM
    You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
    If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.

    For when you already filed I-485.

    For when you have not filed I-485

    Quote from page 27 of above document when you have not filed I-485

    (1) Determining the Priority Date.
    In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

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  • wandmaker
    05-12 01:00 PM
    I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.

    If the company pays for GC expenses directly, then it is an expense to the company, and it will not be reported on W2 as it is not a taxable benefit. However, if you are being reimbursed for GC expenses, *some* companies report this in paycheck as non-taxable income, again you will not be paying taxes to IRS on this. It is just a record keeping.


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  • gconmymind
    03-31 05:41 PM
    Hi Guys,
    As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.

    NO, this is not a joke.

    Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!

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  • GCcomesoon
    03-30 04:20 PM

    I have been listening to the Senate proceedings for last few days & I'm very unhappy to say that so far there has been no mention of legal immigrants.None of our issues have been discussed or debated.I was thinking after doing so much of hard work ( especially by the VI team ) & all the contributions,lobbying, we would get some changes done but looks like ..

    I'm not being negative here, but its just a thought.

    PD - 05/2003
    PBEC Victim


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  • shreekhand
    02-22 09:33 AM
    :) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.

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  • parthu_r
    01-17 01:58 AM

    I applied for EAD Renewal on DEC-18 2009 ( posted to Nebraska Service Center)
    It has been a month I havent received any Receipt or RFE and check for fee has not been cashed

    My EAD will expire on March-15th-2010

    What to do in this sitiuation?

    Is there any customere service No to reach ?

    Do i need to reapply ? Did anybody encounter similar situation. If so please let me know what you have done

    please reply



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  • DallasBlue
    09-15 12:37 AM
    am loving it !!

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  • rockstart
    06-18 12:49 PM
    I guess most July filers gave their FP in Oct 2007 so they are due for FP in Jan / Feb 2009. Will they have to fill another form then with $80 biometric fees or will it be free?


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  • go_guy123
    04-20 11:06 PM
    RIP: Paying final tribute to John McCain's deceased integrity (

    We are gathered here today to pay our final respects to John McCain's integrity.

    It died recently - turned a triple somersault, stiffened like an exclamation point, fell to the floor with its tongue hanging out - when the senator told Newsweek magazine, "I never considered myself a maverick."

    Statesman to politician!!!!!

    As a politician he is focussed on getting re-elected and he is moving in the direction of
    political wind. The atmosphere against immigration in US has turned toxic in recent years, exactly the very reason why democratic party is not keen on CIR.

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  • ramausa
    09-04 05:13 PM
    thanks for your reply.what do you mean by consular processing?
    could i do anything to retain my L1 visa status?
    my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
    pls help.


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  • chanduv23
    03-16 02:03 PM
    I work for an India based company that has operations in US. I have been travelling back and forth between India and US for about 8 years now. I am currently in US. My labor got approved this January (PD 7/2004) and my company has filed I140 soon after that. I still have 2+ years on my H1B. I am having to transfer back to India soon and shall be based in India for more than a year. What are the considerations if one has to return back to his/her country after I140 is filed? What is the impact on whole GC process? You response is appreciated.

    As long as ur company proceeds with your GC process, you are still in the process. You can always get a h1b extension as you have a approved 140. Unless your company decided that they don't proceed with your GC, you are still in line for GC

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  • kk_kk
    09-20 01:56 PM
    yes. you can. Just DON'T cancel. Keep them suspended. You have your utilities also suspended in the same way for much lesser fee.


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  • kaisersose
    08-06 03:37 PM
    Given the volume of questions o this topic, we can do a FAQ on this.

    PM me if you think that is a good idea and we will work on it.

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  • pmat
    07-14 02:36 PM
    Asking for not revoking I140 would be helpful. Also make sure that you at least have copies of the I140 approval notice and I485 receipt notices.

    Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.


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  • kshitijnt
    12-12 06:55 AM
    Hello everyone,
    My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
    My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.

    Guru's pls guide



    Every state has different rules. You are from which state?

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  • japs19
    07-20 02:18 PM
    I am in the same situation and I filed for AOS using approved 140 from Company A. The only risk is, if we get an approval within 180 days then technically we will have to go and work for Company A for minimum 90 days, which in my case is not possible. My lawyer said that he highly doubts that any action will be taken in 180 days (my PD is June 05) and once 180 days are over, you can use the luxury of AC21 and could be working for any employer at that time.

    I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.

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  • martinvisalaw
    07-30 05:01 PM
    Occupations on Job Zone 5 are listed here: Job Zone Five: Extensive Preparation Needed (

    Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.

    11-01 01:41 PM
    Thank you very much for the suggestion

    10-17 02:38 PM
    I have got federal loan under this same situation. Wondering why you need a private loan ?

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