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  • gc_bulgaria
    02-12 08:50 PM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.

    We have used it. I don't see any negative effects to green card. You are resident for tax purposes.





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  • ski_dude12
    07-13 08:08 PM
    You are welcome to live your life in fear of USCIS by all means. I am not interested in being a slave like you. I hope you enjoy your slavery till it lasts.

    And btw, I really give two hoots to your source. I have read your other posts and frankly this post of yours does not surprise me. I value my sleep much more.





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  • sumansk
    07-18 09:17 AM
    This is a personal Message from me TO the IV Core and its founder.People can keep it alive by thanking the core.

    I Thank the Core and Aman for their dedication, support, campaigns and whatever they have done to bring about the latest development and a big big releif to everyone in the Legal community.
    While all other web sites and forums were just picking things from IV , IV was leading in updating and keeping the members informed about each and every development.I am sure they had been primarily instrumental in getting this done.The issue has and their effort has not only given this releif but have brought the burning issue to the limelight and in the eyes of lawmakers and the Govt, which will now lead to a larger and sustainable solution to the IV community.
    I once again THANK each of the IV Core members and other members for really making the IV a force to reckon with...

    THANKS AND REGARDS





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  • arnet
    08-01 07:55 PM
    DISCLAIMER:

    I'm not a lawyer. Disclaimer mentioned by IV and its members holds good for me too. The information provided below is of a general nature and may not apply to any particular set of facts or to all circumstances and not be construed as legal advice. You should not rely solely upon information here and You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.

    Please read and discuss this issue and see whether we can include as our goals:

    I know the existing IV goals should be our top priority and we shouldnt lose our focus but we should work simultaneously to get other reliefs to make our life better. Eventhough retrogression is main issue as of now, people are affected by visa revalidation issues (visa stamping), name check issues, etc. So I collected all the major issues I read and mentioned below to discuss with you all.

    These broader goals will save us lot of time/money that we spent on renewals of visa/postage etc. and inturn attracts more membership registration/contribution/publicity/broader support from all groups/nationals/associations/attroneys etc to IV group. So please read this and see whether how much feasible it is (or) suggest some possible solutions to IV who can request our lawmakers to solve or ease our problems.

    Goals to request USCIS/Lawmakers to get relief for the following problems:

    1. Can we request to allow filing of our I-485 even if the priority dates are nt current and can avail EAD/AP benefits? Can we request to give us 3 years EAD/AP if I-485 is pending or filed recently (average renewal cost is 350$ PER PERSON FOR A YEAR for EAD+AP, so add for each dependent-that too now people are doing 4th time extension because of retrogression even if they didnt use EAD/AP or not)? Also can we request them to implement immediate relief package to ease retrogression problems and then to solve this issue permanently? (Note: I know IV working on this one issue)

    2. Can we request, for EAD/AP/H1, dependents applications should be approved simultaneously along with principal applicants even though they are filed separately? (May be they can bring one application form for principal+dependents).

    3. Can we request them to bring e-filing for all forms before Oct 2007 (including visa, gc forms) and we can submit scanned supporting documents using attachments to reduce paperwork and to avoid postage problems (lost/delay)? (But e-filing should automatically generate immediate Notice Numbers/Notice Date/Received Date once we submit--this is to avoid waiting for receipt numbers).

    4. Can we request them to fix the maximum approval times for visas and for EAD/AP/Labor/I-140, say 3 mths maximum for first time applicants, a month for renewals or extensions, and (within) 15 days for premium processing?

    5. Can we request them to implement revalidation again in US, may be to do fingerprint for revalidation, may be we can goto nearest USCIS local office in our city/state with reqd documents/Passport (same as for GC process) and they can take fingerprint and after verification they can send passport with visa stamping?

    6. Can we request them that emergency appointment dates should be immediate not 6 months later and should be applicable for any major life event including marriage too (not only for death or medical reasons, this might help people nt to postpone their marriage based on visa availability dates)?

    7. Can we request them to bring dropbox again (if revalidation done outside US) for visa extensions in same category or for dependents or for parents (older than 60yrs) (also fingerprinting can be done while dropping the documents)? (for newer case like H1/F1 they can have interview)

    8. Can we request them for a new premium revalidation processing option at extra charge (because emergency appointment is not available for work related emergencies even though it is mentioned)?

    9. Can we request them that Name check/Finger Printing Check should be verified and cleared within 90 days (maximum) for GC? for visa revalidation (not for new): we can request them to be verified and cleared within 1-3 days maximum because they can do the actual check during visa processing itself i.e. while approving I-797 or whatever?

    10. Can we request them to bring a new premium processing for name/fingerprinting check up for extra fee? Also request to view fingerprinting status and history online? Can we request them to consider whether people can get security clearance certificate in advance for Visa/GC (to reduce processing time)?

    11. Can we request them to allow dependents (spouse, children) of principal applicants to get SSN/driving license, also request to allow dependents to work except restricted areas (for job in some areas requires citizenship or GC) and also request to allow dependents to get financial aid/assistance too while studying?

    12. can we request them to improve USCIS customer support (including FBI for fingerprinting) OR to provide 24x7 Customer support (to avoid waiting on hold for 1hr during peak hrs).

    13. not sure, how it is now, can we request that H4 visa period shouldnt be counted against H1 visa period?

    14. can we request them to allow our parents (who wants to visit in tourist visa) shouldnt be rejected if all documents provided? also request them to give mandatory 10yrs multiple entry visas should be given to both, if atleast one of the parents is older than 60yrs?

    15. can we request premium processing should be less than 1000$ either it should be double or triple times the regular fee (for e.g. it shouldnt be 1000$ if regular application fee is 175$, can be 350$ or 500$ which is reasonable)

    17. Can we request them to allow anyone to transfer from one visa to another visa category within US?

    18. Backlog Elimination Funding: Can we request lawmakers to increase atleast 2-5% funding of previous budget of USCIS to upgrade technology, hire more manpower, customer service, training employees, userfriendly website inorder to eliminate backlog and to expeditate processing time for existing applications?

    Please discuss these things and make reasonable things as our future goals even if nt top priority. Thanks!!!!



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  • bestin
    12-21 08:28 PM
    Friends,

    I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.

    I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.

    I look forward for your advice,

    Thanks in advance

    Working in H1B has its own advantage.I am unsure if u are married.If not as discussed in one of the threads u might have to marry a GORI if u r not in H1B ,with the current scenerio.

    If i were u i would try my best to renew the visa especially because of the fact the 140 is still pending.If there is no other way then i ll start using EAD and also keep trying options back home till 140 is approved.

    Good luck





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  • pa_arora
    03-02 01:15 PM
    I have heard many ppl say that its okie to go back before the kid is 10 yrs...and with this statement heard many examples...so I would guess its before when the kid is in 5 grade.

    -p



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  • wahwah
    08-23 04:38 PM
    my lawyer mentioned that I-140 PPS will come back after Texas and Nebraska have finish receipting the flood of I485 applications.

    In a AILA meeting USCIS raised concerns about their ability to process the cases in 15 days and their concern is that they don't know how many applications they'll receive for I-140 PPS.

    my lawyer mentioned its free money for these guys and they will bring it back. USICS still hasn't withdrawn PPS for I-129 or I-539 applications. They use the same freaking resources except now that they are using those resources to receipt for the new I-485 applications.

    have patience.

    Based on the information you know about immigration and discsion u have been having with frinds ,attorneys, websites..etc. What do you think about the probability of I-140 premium starting date...!!!

    I guess 485 getting current does not help much without getting i-140 approved.





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  • immigrant2007
    05-18 07:26 PM
    This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.

    There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.

    This lawsuit is to bring justice to the last three years of absolute anarchy.

    This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.

    I think Indian EB3 will join shortly.

    Why are you stopping at 2007? Issues stared much before that.
    Why do you forget the getting details of each and every VISA that was issued between 2003 and 2007 (days of backlog elimination center)? We hae a right to know that. I doubt EB based guys got benefit out of it....I do not think USCIS /DOS will ever reveal those numbers truthfully and even with 50% accuracy....
    They just put almost every True Employment based applicant in backlog and gave GCs to 245i....I dont think that was justice. That was manipulation



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  • r_mistry
    11-06 02:51 PM
    Hi Guys -

    I filed my I485/EAD/AP at Nebraska on July 24th, 2007. Got receipts for all of them on September 19th. Done FP on October 23rd for myself and my wife and saw a LUD on I-485 a day after. EADs were approved and received on October 10th. But i have not received AP yet. Looks like my application is still with NSC. Never got a transfer notice or anything and online status also shows "Case received and pending at Nebraska".

    There is only one LUD on AP and that was on September 21st. Nothing after that.

    Anybody in the same boat? Do i need to make an infopass to get more information on this. I need to travel in December and want to make sure i get AP before that.

    Many thanks in advance for your responses





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  • andycool
    11-17 08:35 AM
    Thanks. Where did you get the info on what docs to carry? Was it at the Texas DPS website?

    I applied for DL for me and for my wife too..

    the documents are same what were mentioned above...

    If you are applying for a transfer from other state ...

    Make sure that
    1)you have your vehicle registered in TX ,
    2) carry 2 proof of address .
    3) carry proof of insurance ( they ask for this :confused:)
    4) and carry your employment letter ....some times they insist on this .

    Hope this helps



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  • FinalGC
    03-30 10:44 AM
    Yes, their AOS is applied......





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  • perm2gc
    11-09 04:33 PM
    Your Approval Notice is sent to the attorny not to you.If the current one you have is original one from attorney then your wife has to out of country immediately and enter with I94 ...Please note I94 is the one that determines you status in this country...



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  • STAmisha
    05-21 05:48 PM
    I hope this bill DIES





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  • glus
    03-28 08:36 AM
    That happened to me too. My new I94 was valid from the approval date, and not the one we asked for. No, you were not out of status as your H1 extension was pending. You should not have issues with it.



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  • smartboy75
    11-05 01:35 PM
    hey gcseeked2002...

    There are many who have received their EAD and have their FP done, but are awaiting AP...You are in the other boat ..where in your have AP waiting for EAD....I would recommed not stressing out...eventually you will receieve it.....With the July-Aug visa fiasco, USCIS is under tremendous pressure to issue out EAD within the 90 days to everyone...Allow them so room for error.....your EAD will eventually come....hang in there...just like everybody else you is waiting for AP....





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  • Lasantha
    04-01 04:42 PM
    Do you mean, file I-140 first and wait till it's approved before you file for 485? If that's what you are thinking, my advise is that filing for 485 is not a luxury that you can avail yourself whenever it suits you. You must grab the chance as soon as your PD is current becaue you never know when it would be current again unless of course you fall in to EB2 ROW or a higher category. And please note that these days I-140 takes much longer than 6 months to get approved and Premium Processing is no longer in the offer.




    Hi All,

    Are there any risks of filing 140 & 485 together? I just talked to an attorney & she said that it is better to get 140 approved 1st before filing 485, as when you file concurrent, the files go to inexperienced officers who will not judge your case properly.

    When you file 140 separately, the file goes to officers who only deal with 140's.

    Does anybody on here know of these risks/disadvantages of filing concurrently. I was under the impression that it was better to do this, but now I stand contradicted!



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  • check_name
    07-24 07:32 PM
    what's the full name of Murthy?
    thanks!

    Isn't Murthy in the DC Area?





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  • rajsand
    09-20 01:38 PM
    Hey Jaime you seem to be all charged up!!
    Great energy, will inspire many!!
    Hope we have one more rally soon!





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  • skark
    03-18 11:55 AM
    I just noticed in I-765 that if you are applying for EAD renewal then they need you to send your current Employment authorization document! Did anyone that applied for EAD renewal send their EAD card with their application. I'm concerned because if one is working on EAD and needs to send this document 120 days prior for the renewal process and does not get the new EAD for couple months, what proof does one have on work authorization?

    I dont want to apply online as I dont want to go for biometrics (FP) again for EAD!





    softcrowd
    03-11 10:31 AM
    PD Transfer can even be done @ i-485 stage too, but that's not as straight a process as porting it at the I-140 stage. But technically, it can be done at I-485 too.





    neelu
    09-15 03:55 PM
    Thank you, FromNaija, again. I appreciate your taking the time to respond in detail.

    Also thanks for the nice words. They have a nice ring to them especially since I was expecting an RFE. You made my day with those words even if they dont turn true (those words are the closest I have ever come to a GC). Hope you are right. But I am not getting my hopes too high. :)

    Wish you also good luck!


    I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.

    From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.

    If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.



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