roseball
04-07 09:00 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.
In my view, you would have to file form 1040X since IRS processed your original 1040 after changing it to married filing separately.
In my view, you would have to file form 1040X since IRS processed your original 1040 after changing it to married filing separately.
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hydboy77
10-07 06:19 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
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morchu
08-01 12:12 AM
Anything you will take for your H1 stamping + documents to prove that she is your wife. Her H4 status depends on your H1 status, your relationship and your ability to support her.
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
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newuser
05-12 10:12 PM
I am in for it. I am ready to put 2K if members are going to come forward
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thomachan72
06-11 06:10 PM
I strongly feel that CIR should be brought back and our amends included by our lobbying. Next time CIR is brought back, I am sure favorable amends for H1b GC applicants will be included/debated. I am only concerned about why there are no updates from the IV core group so far. Lets hope the lobbying firm that IV has hired is keeping track of the "behind the doors" discussions to make CIR more pleasing to those who voted against the closure of vote.
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angelfire76
12-07 04:28 PM
EB1 is typically for Phds with solid publications behind their belts.
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)
Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)
Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)
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belmontboy
10-13 11:00 PM
If you are ugly, you could go in formal shirts & pants.
If you are smart and sexy, you could go naked! :D
If you are smart and sexy, you could go naked! :D
inspiring quotes for students. motivational quotes for
Vitriol
04-13 09:12 AM
Gurus, your inputs please: Can I take up a position in India with an American Firm while on H1B?
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BharatPremi
07-12 10:57 AM
Well, I meant in the light of these new details coming out about visa numbers actually being available as claimed by "knowledgeable sources", and also in the light of the *kind of* questions being asked by Zoe Lofgren.
Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...
Not claiming to make some new discovery here... merely stating that it kinda makes sense now.
Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...
jazz
What conference call you heard was more emphasizing not to file during July with a secure note that filing would not hurt too. But after that lot of water has flowen down from upper Ganges to Bengal Bay. After that Rajiv changed the opinion and specifically put a note on home page of immigration.com. That note now says it is smart to file in July. This gives us the hint, at least I beileve, in the background USCIS is forced to come up with favorable solution to us perhaps without the need of lawsuite by AILF. Around same time Greg Siskind came up with news that USCIS is holding the cases.. So let's wait
Just read the Ombudsman's report today - though I'd heard about these facts floating aroiund...
Not claiming to make some new discovery here... merely stating that it kinda makes sense now.
Sorry to start a new thread about this.... listened to Rajiv Khanna's recorded conf call and apparently he's not very hopeful anything will come out of AILF's class action...
jazz
What conference call you heard was more emphasizing not to file during July with a secure note that filing would not hurt too. But after that lot of water has flowen down from upper Ganges to Bengal Bay. After that Rajiv changed the opinion and specifically put a note on home page of immigration.com. That note now says it is smart to file in July. This gives us the hint, at least I beileve, in the background USCIS is forced to come up with favorable solution to us perhaps without the need of lawsuite by AILF. Around same time Greg Siskind came up with news that USCIS is holding the cases.. So let's wait
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somegchuh
12-08 03:32 PM
Seriously, is this a prank? If you have a 200k job why would you want to think of IT? IT jobs start paying in that range once you become a director of some kind. Are you ready to take a hit of 80 K because you hate your job?
You need to tell us a little more of your background i.e. education, industry, years of experience, what is the frustrating? May be you are just tired of having a job in the first place?
Hi All,
I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.
My questions are -
1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
2- If I have to go back to school what major will I need to take? Any specific requirements?
3-I have a bachelors but not in engineering- can I go straight for a MS in a computer related field or will I have to do a bachelors in Computers first.
4-How's the current job market and and also if you have any idea/view about future job scenario?
5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
6-Also if somebody can give an idea about salaries in computer related fields?
Have a good day guys and thank you in advance for your views.
You need to tell us a little more of your background i.e. education, industry, years of experience, what is the frustrating? May be you are just tired of having a job in the first place?
Hi All,
I have come to this forum to ask for some advise because this is one of the forums where lot of the visitors are engineers, and most of them work in computers related fields.
I have a stable job( non-engineering) and I am making a decent salary(more than 200K/year) right now but I just hate my job.I desperatly want to change my field.
I am hoping to get my green card next year( PD 06/2004 NSC EB 2 India).I need your advise on how to get into computer/software/IT field.
I do not have an engineering background but am willing to go back to school. I would like to start working on this transition while I wait for my GC.
My questions are -
1- Is there a shortcut of getting into any computer/software or related field ?training,short courses, anything!
2- If I have to go back to school what major will I need to take? Any specific requirements?
3-I have a bachelors but not in engineering- can I go straight for a MS in a computer related field or will I have to do a bachelors in Computers first.
4-How's the current job market and and also if you have any idea/view about future job scenario?
5-Have any of you made/seen such a transition at my stage?- I am 35, married with working spouse.
6-Also if somebody can give an idea about salaries in computer related fields?
Have a good day guys and thank you in advance for your views.
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TheCanadian
11-25 11:54 PM
What part of two rows of 5 didn't you understand?
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gc_wow
09-16 10:54 PM
Get the cnn chief and make this lou dog on our side, that would be he will never talk about H1b and will praise IV for their efforts in improving USCIS and public policy. This is the time to do this. If dog wont budge then pull sponsers and chase him to the end of earth and may be hell.I have never seen such a bigot in my life.
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LostInGCProcess
05-19 04:05 PM
You should have reported these issues within 12 months of your employement. Otherwise there is no use. All you can do is send a letter to the Wipro HR, stateing you are filing a formal complaint to the DOL and wirting to the congress man. Also tell them you are going to make sure this story highted everywhere in the Internet and media to damage WIPRO's name. I am sure they do not want to get a bad PR in this situation where everyone hates the Indian companies.
The statue of limitation is, i believe, 2 years.
The statue of limitation is, i believe, 2 years.
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DDLMODES
10-13 05:30 PM
I filed on 8th August and havent yet received my notices in mail.. I contacted my lawyer today and he sent copies of my receipts and then he also found out that they had received my FP notice .. I am supposed to go on 27th Oct to Newark USCIS... Anyone coming on same day ..
My application is being processed at Texas..
Not many people who have filed with me has recieved any notices as of yet..
So dont worry guys we all should be fine..
Thanks everybody for the info.
laborchic, could you please let us know when you will receive the FP notice yourself ?
I don't have any lawyer so if USPS loses it, I have no way of knowing.
Also, when you have dependents (wife for ex) they make the appointments in the same day or is completely random ?? Anybody knows anything about that ?
P.S.: Called USCIS 1 month after the receipts (last week) and they told me to wait another week.
My application is being processed at Texas..
Not many people who have filed with me has recieved any notices as of yet..
So dont worry guys we all should be fine..
Thanks everybody for the info.
laborchic, could you please let us know when you will receive the FP notice yourself ?
I don't have any lawyer so if USPS loses it, I have no way of knowing.
Also, when you have dependents (wife for ex) they make the appointments in the same day or is completely random ?? Anybody knows anything about that ?
P.S.: Called USCIS 1 month after the receipts (last week) and they told me to wait another week.
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GCchakravyuh
07-13 11:58 AM
you never know 'huge change in 24 hrs is ' actually a stunt to shut us up from the rally:rolleyes:
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eager_immi
07-18 10:57 AM
Let us all pledge to give atleast a $20, $50 monthly payments.
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txh1b
08-18 11:31 AM
What was the RFE about? You should not begin work for new employer as you do not qualify for H1b portability. Any employment prior to that has the risk of being considered unauthorized.
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ChainReaction
10-09 07:06 PM
Hello guys,
I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.
I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?
I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.
Please help !
:(:(:(:(
I am a June 25th filer, and i got my receipt for 485/131/765 on Sept 10th and haven't received any EAD or AP and no LUD as well forget about FP. I called TSC multiple time and was told first to wait till 90 days of filling ,then 30 days past receipt now 4 more weeks; since they are heavily backlogged busy in issuing receipts for 485 filer.
When i contacted my lawyer he told me the same he is still waiting for the receipts for some of his clients who filed in July/August and reassured me that if or when a receipt is issued he will also get a receipt notice, and will contact me ... so don't worry to much regarding FP misplacement and relax it will come... after all it is National security, if the US is not concerned regarding it then why should you .;)
By the way my PD is March,2003
I applied for I140 & I485 + EAD concurrently at the Texas service center on July 19th. I got the receipts dated Sept 11 on Sept 17 and a week later I got the EAD's. My priority date is Feb 04.
I live in New Jersey and I would assume my FP appointment will be at the NewArk USCIS center. I still did not get any FP notification yet and I started to worry because on the tracker a lot of people with the same dates did get one already. Should I worry or is OK for now ? Is New Jersey more crowded than other states and that is the reason for delay ??? Anybody else in the same boat ??
I know they consider the application abandoned if I have an appointment and don't go. If, god forbid, the letter is lost in the mail, is there any way I can find out if I have an appointment ?
I have don't have a lawyer so they will not send a copy of the FP appointment letter to the lawyer.
Please help !
:(:(:(:(
I am a June 25th filer, and i got my receipt for 485/131/765 on Sept 10th and haven't received any EAD or AP and no LUD as well forget about FP. I called TSC multiple time and was told first to wait till 90 days of filling ,then 30 days past receipt now 4 more weeks; since they are heavily backlogged busy in issuing receipts for 485 filer.
When i contacted my lawyer he told me the same he is still waiting for the receipts for some of his clients who filed in July/August and reassured me that if or when a receipt is issued he will also get a receipt notice, and will contact me ... so don't worry to much regarding FP misplacement and relax it will come... after all it is National security, if the US is not concerned regarding it then why should you .;)
By the way my PD is March,2003
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leoindiano
07-09 01:08 PM
Guys,
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
This is about I-140 and Premium Processing. In 1998, there was no premium processing. Looks like you have no idea. Where do you come from? are you a stealth user? are you betsy ross?
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
This is about I-140 and Premium Processing. In 1998, there was no premium processing. Looks like you have no idea. Where do you come from? are you a stealth user? are you betsy ross?
cdeneo
04-02 10:41 PM
I have a somewhat tangent but related question that I could not find a definite answer to while searching thru the various threads here -
What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.
Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?
Any insight into how to tackle this would be very helpful. Thanks!
What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.
Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?
Any insight into how to tackle this would be very helpful. Thanks!
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".
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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