Thursday, June 23, 2011

david j lieberman

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  • troubledinva
    03-26 01:33 PM
    I have been struggling with my Employer from the begining of GC process. My labour was filed on May 2007 and got approved on August 2007. My Employer kept me waiting until Feb when it would have been expried otherwise. Now he says he has filed my I140 but does not provide me any evidence. I have following questions and would appreciate if you can provide me your insights:

    1) Is there a way for me to find out if my I140 has been filed. Can I talk with INS and find out about this or even get the receipt number.

    2) Can I file my own 485 ( as I am current ) with out the knowledge of my employer ? Is so what all do I need.

    Thank you all in advance.

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  • a_yaja
    01-29 08:59 AM
    Yes, The missing part is

    My H1B is applied on Consulate Processing "Not" Change of Status.

    So basically I have a valid OPT now ., and H1B is not yet validated as I didnt get it stamped

    Any suggestions?


    Since you have already been issued a H1B - there is no such thing as "next year". Even if you applied during the April 1st madness, your H1B will not be counted against the cap. On the I-129 form there is a question that asks (not sure of exact wording, so don't hold me to it): "In the previous 6 years has the benificiary ever had an approved H1B. If so provide details".

    So no matter when you apply for H1B, you will not be counted against the cap. It is possible (and I am not sure of this fact at all) that your H1B clock (6 yr limit) has already started ticking.

    In such a situation as yous, it is better to talk to a good immigration lawyer as she/ he can give you better guidance.

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  • deardude
    09-24 03:27 PM
    shouldnt we pick one article for everyone to Digg and promote? that way the number of Diggs will not get diluted.

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  • bbct
    02-02 05:10 PM
    My wife received disability income from an Insurance Company while she was on maternity leave. However, the insurance company has not sent any tax statement. When we contacted them asking for a tax statement, they told us that they have mailed all the disability income information to the employer and they are supposed to add in the W-2. The employer is not supporting or providing a corrected W-2 for this wages or a new W-2 only for sick pay. What action should we take? We called IRS and they have asked us to wait until 02/15/09 and then they will let us know what is the next course of action.

    I am failing to understand -
    1) How should we know whether the disability income we received is taxable?
    2) How to find that any premiums were deducted from her salary? We have not paid any insurance premiums with after-tax dollars.
    3) If the employer is still not providing corrected W-2 after filing a complaint with IRS, how should we report this income on the tax returns?
    4) The payment was received in 2 checks. One dated 11-15-2008 and the other 01-16-2009. Which income should be reported in the 2008 tax returns?


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  • eagerr2i
    09-25 05:14 PM
    There are a few famous one's who won't even tell what their fee is until you set up a paid consultation with them. Charge $ 395.00 for a 30 minute consultation even if your case is 'Kosher'. You need to take an appointment through their paralegal to talk to them, can't get an appointment for the same day, would be lucky if you can talk to them next day.

    Really do not know if their steep price tag is worth it...!

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  • radosav
    07-27 09:39 AM
    Thats great,

    I have a different worry right now..

    I used UPS and sent package to Dalls, TX as per new Direct filing instructions., and since I was using private courier.

    When I check tracking its giving me info like ' OUT FOR DELIVERY MESQUITE, TX'
    it was sitting in Dallas, then routed to KY and now in Mesquite.

    Does anyone know what is going on, why Mesquite?


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  • unseenguy
    04-26 01:51 PM
    My dog is having problem going pu pu...does any have any suggesstion for that please

    Nathan I am not sure why community should tolerate such rude responses from people like you. Best thing is to shut up or be polite when you do not know anything on the question.

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  • panky72
    06-19 12:24 AM
    Actually the question about whether a passport is needed or not for travel to Hawaii is a good question. Are we absoulutely sure that even a passport is not needed?

    There was a discussion a while ago regarding whether we should carry passport for domestic travel or not. One of the members quoted this

    US Code, Title 8 � 1304. Forms for registration and fingerprinting

    (e) Personal possession of registration or receipt card; penalties
    Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

    So at least make a copy of your I-94/approval notice/GC and keep it in your wallet.


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  • kjohri
    07-12 02:37 PM
    Ramus and all -
    When do you plan to go?


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  • chintu25
    03-25 11:39 AM
    I dont mind revealing the dollars i paid in tax but sending W2...NOPE.

    BTW: IMHO one should refrain from starting new initiatives without IV approval.

    Dude ...this is a suggestion . IV core may or may not approve.....

    I do not see any prob in sending W2 to any govt agency.

    Whats your fear ?


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  • tejonidhi
    10-02 01:47 PM
    I am waiting on my spouse's EAD/AP approval. Applied on 8th July. My EAD/AP got approved last month (applied for myself and spouse on same day).

    Can you please tell me what you mean by POJ method?

    there is slight change in the sequence

    Here is the sequence.
    1) 1 800 375 5283
    2) 1,2,2,6,1 receipt notice# 1,3,4
    3) you will have to wait for 10 to 15 minutes and one of the officer will come online for you.
    4) at least they will give you information about your case ( mine is sent to some storage and they had to issue an expedite request to get it processed again. I am july 2 filer with notice dat of sept 8,2007 3 infopass apointments, 1 SR). the officer has access to look at the file and can give you appropriate information( they are not like regular service agents who will read what you see on
    5) as of now they told me that I will information from USCIS in 2 weeks.

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  • acecupid
    08-03 12:52 PM
    Dear Attorneys,

    I am on H1B and July-2007 I-485 filer. I've maintained H1B status and have not used EAD/AC21. I'm getting married in January-2010 and just want to make sure to add my future wife to the AOS application after we get married. If I voluntarily withdraw my I-485, and continue on H1B status, can I file I-485 again at a later stage. Will the withdrawal of my AOS application negatively affect my chances to get green card in the future.

    Appreciate your response.



    I am in a similar situation as you are wrt to applying AOS for spouse. Why do you want to withdraw your I-485 ? You can always add your spouse to your AOS application when dates become current for you, rt ? Even if your AOS is approved you can still apply for AOS of spouse within 180 days of your AOS approval. The only caveat is that you should have been married before your AOS approval date. The only risk in this scenario is if USCIS approves your AOS application when your PD is not current, in that case you cannot apply for AOS of spouse and she goes out of status. The chances of this happening (AOS getting approved when PD is not current) is pretty rare or low.

    I would like to know your thoughts on withdrawing I-485.


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  • Ramba
    09-09 05:16 PM
    I-485 is considered to be abandoned on leaving US, unless person leaves for temporary visit with either AP or H/L Status.

    If one is planning to join some employer outside USA, then H/L status is gone, and it can be argued that the visit is no longer temporary in nature. That makes keeping AOS active very difficult.

    There is one way out, though. File for I-824 ( for action on approved I-140 to opt for consular processing. That will allow person to get immigrant visa when PD is current. If you opt for CP, you will need current letter of job offer from I-140 (or AC-21) employer at the time of immigrant visa interview.

    I suggest, you talk to an experienced attorney before taking any action.

    Good Luck.

    Proud Indian-American and Legal Immigrant

    I second it, except AC21. Once you leave US, your 485 will be abandoned. Remember, AP is for short and emergency purpose. However, an approved I-140 is eligible for ever. If you want to leave US, file CP conversion of your 140. After that you can leave and stay at home in India. Not necessary to work too in India. When they schudle interview for CP at consulate, (after your PD become current) you must have a latest valid job offer letter from who ever sponsered the I-140, and you should join them once you entered US with GC. AC21 is not applicable once you opted for CP.

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  • PD_Dec2002
    06-21 10:22 PM
    Everone please note the most recent i94 means the once that you got hwen u last entered the US and not the one from the 797 copy

    Are you sure about this? My lawyer said that the most recent I-94 is the one that is valid. Of course, my wife and I have submitted all I-94s that we have held, so this isn't an issue for me, but I was surprised by your statement.

    This is because when I entered the US, the I-94 had an expiry date of (let's say) 12/31/06. In Oct 06, my H-1B was renewed and the I-94 that came with 797 had an expiry date of (let's say) 10/30/07. In such a scenario, the USCIS expectation is that you tear out the old I-94 from your passport after it expires (12/31/06) and attach the new one. And this new I-94 will be your recent I-94. Makes sense, right?



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  • CADude
    11-20 03:44 PM
    I also thought of converting to EB2 because EB2 was flying high and EB3 is left in dirt from last 2 years.

    yes. In terms of retrogression, "further" actually means "backwards" :(
    However it would be really odd if dates moved back from Jan 02 for EB2-India.
    Anything upto Jan 2003 has been current for over an year now. As people were getting out of BEC I assume they were filing 485s and using up the numbers...
    Cant believe there are many people with EB2 PD < Jan 02.
    Only theories are:
    - labor substitutions
    - 2001 EB3 filers getting fedup and doing recapture of PD in EB2.

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  • vjkypally
    07-13 10:43 AM
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  • aamchimumbai
    11-20 10:04 PM
    Check the I-131 instructions page when you filed the I-131 which clearly mentions this.

    Here is my situation:

    Sep 5, 2008 - Applied for 485/AP/EAD (myself and spouse)

    Oct 8, 2008 - Expedited Wife's AP application for medical reason.

    Last week of October 2008 - Received EAD for both. Received my approved AP application.

    November 1st week - Received letter from USCIS (dated October 21) indicating that my AP application was approved on October 20 and my wife's application was approved on October 15, 2008.

    November 6 - Both completed Finger printing.

    November 6 and 14, 2008 - InfoPass appointment - We confirmed her AP approval over the phone and in person too with the IO.

    November 15 - Wife left for India because her AP was approved (per USCIS Letter). Although approved, wife's AP was never mailed by USCIS and never received by us.

    November 17 - Checked online for my wife's AP application status. The status indicated RFE sent.

    BTW, we both don't have VISA stamped in our respective passports. I am on H1 and she is on H4 visa.

    Please answer my following questions:

    1. Does the applicant have to be present in the US when AP gets approved?
    2. What are her/our options now to enter in US w/o any issues?

    Your valuable input is appreciated.


    Thanks for all your responses.

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  • gondalguru
    07-21 11:58 PM
    From your questions it looks like you have done extensive reading and research regarding H1b, I-140, I485 etc.

    You probably have most of answers yourself.

    Tricky part here is getting PERM approval.

    My suggestions: get all the initial evidences/paperwork ready for I-140/485and hope to get perm approval by aug 15th. If you have everything ready then it will take no time to file.

    Other issue here is the eligibility to file if you have perm approval from august 1-16.

    Money is important and it is expensive to change the tickets/getting medical - vaccinations done. You have to make choice. If you see strong chance of getting perm approval then its a risk worth taking.

    good luck.

    My situation:
    On 6th yr of H1B expiring 12/10/07, have valid visa stamp in passport. PERM labor (atlanta ugh) filed 5/28/07 and pending.

    Before July VB fiasco, plan of action was I'd have to 'recapture' time spent abroad on vacations etc (2 months already, adding 2 months this summer..1 month brazil where i am now, 1 month india, adding 2 months april/may 08 by going to canada) to extend my visa somehow till end of may 08 at which point i'd have my PD/labor pending 365 days. sounds very complicated and not sure how this would work.

    I have employer who is very very painfully slow in getting docs to me and I am on unpaid 2 months april/may 08 break...even though it's thanks to their delays i'm in this situation to begin with...i could've been well along in process had things been done on time).

    the timing for everything seems very 'undoable' to me

    I am in brazil at moment and my return to US is arriving 30 July, taking flight to India on 31st July, returning US 31 aug.

    and now i'm all confused and thrown off due to the current immigration happenings.

    According to my lawyer (and I know not everyone agrees and i don't know what to believe) is that if my approval for PERM (miraculously) comes through even bet 1 and 16 aug, i can still file i-140/485. I think i trust him as a lawyer, but still....hard to talk to him as he's very ver busy esp now and i'm in brazil

    1) i've thought of changing my tkt to india from 31 july to 17 aug and leave then....will cost some $ to change. do you think that is wise?

    2) do you think i have a chance, and even if approval comes bet 1 and 16 aug, i can still file?

    3) Does insurance cover medical needed? I think one of those docs is on my list of primary docs (i saw him once when sick, changed as i didn't like him much)? Should I start that now. I have no good records of MMR though i think i got them, should i get a tider test. Is that insurance covered?

    4) Do i have a chance to extend my visa? Say i can't do i 485. My PERM gets ok by end of Sep (4 mths...should be enough huh), IF premium is avail and I get all that done by mid Oct and get approval on i-140 by end of Oct. Leaves that enough time to get extensin on H1b. am assuming PD will not be current then, so I should get a 3 yr extension. Would i be able to get some docs to show to my dumb employer that I am allowed to work...they are very unhelpful and may stop me working if i can't show something.

    I'm so so so so so stressed now....

    PLEASE HELP (not yelling....simply stating need a lot of help)


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  • bkshres
    11-06 10:22 AM
    My worry is since new company HR and new attorney have been confused me. I don't have confidence on them. I am worried if this new attorney sent different information in this new AC21 package than the old one. If the description in old AC21 document which has been already sent and the new one being prepared are different then I think I will definitely be BAD shape and if my I485 case is declined I have to leave US because I am working on EAD now. So, this is my biggest worry.

    04-17 01:50 PM
    What you make is really not that important at all. I had sent all these affidavits, etc when my mom and brother applied back in 2000. The visa officer didnt even look at them (per my mom) My mom was still working then and she showed her employment verification letter that basically stated that she had worked in the same company for past 30 years or so and also her last 5 years tax returns in India, bank FDs, statements and also the deed to our flat in Bombay. She got a 10 year multiple entry visa. No questions asked.

    OTOH, my brother who applied with my mom was rejected since he didnt have any job, dropped iout of college, was busy doing lukhagiri, etc. It didnt matter whether I had enough money in the US to pay for their travel and support them or not. What mattered was that they would have come back after their trip. The visa officer made a determination that my mom was more likely to come back after her trip but not my brother.

    Hope this helps you plan your strategy better.

    07-27 02:39 PM

    shipment delivered to Dallas TX.

    Now I can relax!:)

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