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I am from India |
| I changed my username from
ajisasha
to
saanaj on 18 Jun 2009
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| I last logged in on 26 Jan 2010 |
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I have been a member since 20 May 2008
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| I have added
285 posts in trackitt forums
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I added my last post on 26 Jan 2010
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saanaj's Immigration Cases
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| I-485 case:
Approved in 318 days (109 days less than average)
(10 comments)
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| User: |
saanaj |
Nationality: |
India |
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| Country of Chargeability: | Russia | Applicant Type: | primary | | | Service Center: | Texas | Category: | EB2-NIW | | | Priority Date: | 13 May 2008 | Application Filed: | 24 May 2008 | | | USCIS Received Date: | 28 May 2008 | USCIS Notice Date: | 28 May 2008 | | | USCIS Receipt Number: | | I-140/485 Filing: | concurrent | | | I-140 Processing Type: | regular | I-140 Approval Date: | 02 Apr 2009 | | | First Fingerprint Date: | 15 Jan 2009 | Second Fingerprint Date: | | | | RFE Received?: | no | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Case Transferred to: | | Transfer Date: | | | | Name Check Status: | too early to say | Name Check Approval Date: | | | | I-485 Status: | approved | I-485 Approval/Denial Date: | 07 Apr 2009 | | | Card Production Ordered: | 07 Apr 2009 | Card Received Date: | 13 Apr 2009 | | | EAD Applied?: | yes | AP Applied?: | yes | | | EAD Approval Date: | 28 Jul 2008 | AP Approval Date: | 19 Aug 2008 | | | EAD Received: | | AP Received: | | | | Time to Get EAD Approval: | 65 days | Time to Get AP Approval: | 87 days | | | Time to Get Fingerprinting Done: | 236 days | Total Time to Get GC: | 318 days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
13 Apr 2009 |
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| Notes: |
All details for both I485(primary&spouse)
SLuD: I-485,I131 : 07/03/08,
FP-code3 01/15/09, SLUD 01/15/09.
SLUD on 01/16/09
FOIA for CC check :03/20/2009.
POJ/TSC says I485's approved on 04/07/2009,
Approval Notice & Cards rcvd. 04/13/2009 |
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| I-140 case:
Approved in 328 days (57 days more than average)
(2 comments)
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| User: |
saanaj |
Nationality: |
India |
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| Applicant Type: | primary | Service Center: | Texas | | | Category: | EB2-NIW | Priority Date: | | | | Application Filed: | 09 May 2008 | USCIS Received Date: | 13 May 2008 | | | USCIS Notice Date: | 14 May 2008 | USCIS Receipt Number: | | | | I-140/485 Filing: | concurrent | Processing Type: | regular | | | RFE Received?: | no | RFE Received Date: | | | | Reason for RFE: | | RFE Replied Date: | | | | Application Status: | approved | Approval/Denial Date: | 02 Apr 2009 | | | Total Processing Time: | 328 days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
13 Apr 2009 |
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| Notes: |
Soft-LUD for change of address on 0ctober 2nd 08, soft-LUD 9th Oct 08.
Good Luck to Everyone
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| I-765 (EAD) case:
Approved
(0 comments)
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| User: |
saanaj |
Nationality: |
India |
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| Application Type: | new application | Service Center: | Texas | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 28 May 2008 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | approved | | | Approval/Denial Date: | 28 Jul 2008 | Card Production Ordered: | | | | EAD Received: | 02 Aug 2008 | Total Processing Time: | days | | | Most Recent LUD: | | Days Elapsed: | | | |
| Case Added to Tracker: |
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Last Updated: |
03 Aug 2008 |
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| Notes: |
Got an E-mail saying Card Production ordered for me and my spouse.
Email: Both Approval Notices sent 29th July; Cards Received 2nd August |
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| I-131 (Advance Parole) case:
Approved
(0 comments)
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| User: |
saanaj |
Nationality: |
India |
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| Service Center: | Texas | USCIS District Office: | | | | Filing Method: | paper-based | Application Filed: | | | | USCIS Received Date: | 28 May 2008 | USCIS Notice Date: | | | | USCIS Receipt Number: | | RFE Received?: | no | | | RFE Received Date: | | Reason for RFE: | | | | RFE Replied Date: | | Application Status: | approved | | | Approval/Denial Date: | 19 Aug 2008 | AP Received: | | | | Total Processing Time: | days | Most Recent LUD: | | | | Days Elapsed: | | |
| Case Added to Tracker: |
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Last Updated: |
20 Aug 2008 |
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| Notes: |
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| saanaj's Posts |
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Topic: IS there a tax treaty for H1-B giving tax exempt?
I have heard of J-visa tax treaties giving tax exempt for the first two years and in this case FICA is also not collected. Now I hear something like tax-treaty for H1-B which will take FICA but one is tax-exempt. Any hints pointing to the documents would help. | |  |  |
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Topic: J1 Paying taxes: Eligible for Social Security Benefits??
Simple. It is not that you NEED NOT PAY. You just CANNOT PAY. If you are employed (obviously you are -as an exchange visitor on J1) then you and your employer both contribute to your SS tax (called FICA). If you are a J1 then your employer will just NOT contribute and will not detect SS tax from your paycheck. So you simply CANNOT pay.
"From google search I found this statement!"
Generally, F-1 and J-1 students are exempted from social security and Medicare tax requirements. However, if F-1 and J-1 students are considered "resident aliens" for income tax purpose, social security and Medicare taxes should be withheld. Chapter 1 of Internal Revenue Services Publication 519, U.S. Tax Guide for Aliens explains how to determine the residency status of international students. More information on social security and Medicare taxes can be found in Chapter 8 of Internal Revenue Services Publication 519, U.S. Tax Guide for Aliens and in Section 940 of Social Security Administration Publication No. 65-008, Social Security Handbook.
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So I want to know whether there IS a case where F-1/J-1 is considered as resident alien; and in which case the FICA and medicare is withheld!! (contradicts with SSA page saying benefits not for J1/F1?). | | | |
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Topic: J1 Paying taxes: Eligible for Social Security Benefits??
Simple. It is not that you NEED NOT PAY. You just CANNOT PAY. If you are employed (obviously you are -as an exchange visitor on J1) then you and your employer both contribute to your SS tax (called FICA). If you are a J1 then your employer will just NOT contribute and will not detect SS tax from your paycheck. So you simply CANNOT pay. [\Q]
Thank You for this information. | | | |
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Topic: J1 Paying taxes: Eligible for Social Security Benefits??
As I understand you'll have to pay income taxes, federal and state.
But as a J1 you don't have to pay Social Security and Medicare.
This is where my confusion is, so J1 DONT NEED to pay social security/medicare or CANNOT pay?
Is there any J1 who can choose to pay? | | | |
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Topic: J1 Paying taxes: Eligible for Social Security Benefits??
HI,
I know this is not a I-140 related question. However there might be experts here who became GC holders from J1 and would know the
answer. I know that when in J1 one is not required to pay taxes for some time, and many choose to pay taxes. So I want to know
what is thier status with respect to social security benefits. Thank You. | | | |
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Topic: HELP!!!!!!! NOID on EB1-EA , Planning travel, ADVISE PLEASE!
akmm,
Palguy advised me when while my husband was in J1 and we were trying to extend J1 for another job (primary applicant H1B). In our case, we made policy decision not to travel when one is in J and changed his status to h1B though not stamped. Even with that we were worried of traveling as I had H1B stamping problems, somehow for us the GC went smooth, but yes we knew much about J1 thanks to Palguy!
Yes J1 is the primary applicant. Thank you, I am trying to convince my friend that once AP is used, returning will make it parolee status and will go "out of status" if AP is denied and would have to leave the country till J1 changes to H1 and h4 is used to come back. May be, may be , if AP was never used, one can remain in j2 as long as DS2019 of J1 is valid even if AP is denied (atleast family will be together and children can go to school). I am looking for USCIS document for this scenario.
On one hand, I know how one feels to go home to see other family members back home, and on the other hand, I really would not like friends falling into the immigration trap and family being split along the borders for this, it is just too tough choice and seems some would like to hand on the thread of luck. We cannot make decision for others, we can only inform them to make an educated choice. | | | |
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Topic: J2 uses AP to reenter then 485 denied, What is the status?
My friend is in J2 planning to travel on AP if approved. IF after returning I-485 is denied what is the status of the person. Can one revert to J2 within the country. Is that possible
or should one leave the country as being out of staus. Please help. | | | |
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Topic: NOID on EB1-EA, Travel planned, Help please!.
akmm, Thank you,
I would think the same holds for J2 also, as it is J2 travelling to home country for family reasons. The catch here is that if AP is approved and if J2 can travel now using that, then
J2 can come back in a month before the things get worse. On the other hand, the backup filing is Eb2-niw, which will not kick the I-485 for a long time due to retrogression and the J is locked inside the country. My worry is also that can J2 be reinstantiated after using paraolee status?. What is the
status of J2 who used AP, and then I-485 denied? I am not sure about this legal catch here!. Some hints will help me understand things better to advise my friend accordingly. | | | |
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Topic: NOID on EB1-EA, Travel planned, Help please!.
I think one has 30 days to file an MTR. Once that is done, AP & EAD & 485 will remain valid.
Thank You, NOID is notice of intent to Deny and I think MTR can be filed only when one receives the Denial notice.
The issue is also posted on I-485 forum discussing the various situations of J1 travel with I-485 pending. | | | |
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Topic: HELP!!!!!!! NOID on EB1-EA , Planning travel, ADVISE PLEASE!
Thank You!.
I am sure the rule is same for J-1 or J-2, but my friend thinks that it is fine to travel with J2. So I need some additional help here to convince!.
1. If NOID is issued on EB1-I140 on which the I-485/AP is based, then travel is NOT advised for J2 while J1 is in US! because
a. If J1 is waiting for GC, then cannot travel outside US (J1 also has no visa stamp).
b. J2 cannot enter US without an approved AP (AP can be denied while abroad, or anytime I140 is denied)
c. Dependents cannot enter US with the J-dependent visa, only way is AP , and if AP is denied, they will be Denied entry to US.
You help is very much appreciated!. | | | |
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Topic: HELP!!!!!!! NOID on EB1-EA , Planning travel, ADVISE PLEASE!
Thank You,
Q. Does one become out of status when EB1-I-140-- and all I-485 denied based on that.?
A. Yes, if they dont have any other status to fall back upon.
The current status is J1, and EB1-I140/485 filed, and Eb2-niw filed. So I think if EB1 is denied, then one can continue on J1 if in US. But leaving and re-entering is NOT possible.
Am I correct?
Is there a document of USCIS that will tell this rules. Then I can read and send that document to convince.
Thank You for your valuable suggestions!. | | | |
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Topic: HELP!!!!!!! NOID on EB1-EA , Planning travel, ADVISE PLEASE!
1. If a J-1 holder shows any intent to immigrate, be it by filing I-140 or sometimes just applying for a J-1 waiver, that person jeopardizes continuing in J status and must convert to either H status or remain on AOS. If one has filed I-140 and/or I-485, one can safely assume that he will not be able to renew a J (or F) visa. Furthermore, if that person already has a valid J visa, the person can still be denied entry at the US port of entry due to showing immigrant intent which is contrary to the conditions of J status. Therefore, having an approved AP is the only option. I usually don't recommend that any J or F status holder travel during the AOS process until the outcome is clearer.
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Having approved AP before travel is the only option to start the travel. However, if EB1-I-140 is denied while abroad, does it not make the I-485 denied automatically making the J1 go to out-of-status?
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2- Not necessarily. There should theoretically no risk of the AP being delayed as long as the I-485 is properly pending. Regardless of the NOID, the I-485 is properly filed and pending until a decision is rendered on the concurrent I-140. Until such a decision, the AP application should be just like any other.
*** I thought that once I-140 denied, I-485 based on that goes for automatic denial, but NEED NOT be mandate is I gather from your statement here. I would think that at the port of entry if the officer sees that I-140 is denied, may deny entry on AP based on that. But may be they do not have this information at the port-of-entry. Possible. So what you say is unless we have the DENIED notice for AP/EAD/I-485, they are by default not denied!!.
3- That is one thing I'm not sure about - you MAY be able to link it but that is something to discuss with a lawyer or at least try to find out by calling USCIS if you're lucky to get through to an IO.
**** So by filing EB1, one can file I-485 and link it to EB2??*** I thought it is not possible, as EB2 is not current, so how can one link that to an I-140, this will look like a back door entry?
4- That is correct; see #1. Furthermore, if you run out of J status, you may risk being in the US illegally.
Thank You, I will tell my friend to look here! | | | |
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Topic: Urgent AP issue
Palguy,
Can you please give your suggestions on the thread EB1-NOID with the following requests!.
My friend filed EB1-EA and also applied for I-485. Visa status J1. NOID has been issued on EB1-EA. What is the consequence of this on pending AP application?. What are the risks is traveling with J1 (not stamped) on returning if AP is issued?. Does one become out of status when EB1-I-140-- and all I-485 denied based on that.? EB2-NIW has also been filed. Is it possible to link the EB1-I-485 to pending EB2-NIW (retrogressed country)?. I know some facts, but I would really need some solid guidelines to advise my friend. Your help is very much appreciated.
Thank You!. | | | |
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Topic: HELP!!!!!!! NOID on EB1-EA , Planning travel, ADVISE PLEASE!
Not all lawyers are competent and they do not advise the clients properly. People who went through NOID or investigated the rules of using AP while in J1 and the consequence of I-140 denial can give more direct opinion and I would appreciate some help and advise. You would be surprised what you can learn from the forum than from lawyers.
As far as I know the facts are this,
1. Being in J1, and with visa not stamped in passport, one can reenter the country only with the approved AP.
2. With NOID hanging on EB1-I-140, there is a high risk of AP being delayed, or if approved then risks being denied while out of the country.
3. EB1-485 cannot be linked to EB2_I140 as EB2-I140 for retrogressed country is not current!.(case: India)
4. If EB1-I140 is denied, then till I-485 can be filed for EB2-NIW, one is land-locked within US, as one cannot extend or go for J1 stamping when I-485 was filed (pending, or denied--any case of I-485 filed will be a reason to deny the stamping of a non-immigration intent-visa!)
If someone out there can offer comments on above few points and show some USCIS guidelines, It would help me convince my friend about the gravity of the situation. So please help. | | | |
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Topic: HELP!!!!!!! NOID on EB1-EA , Planning travel, ADVISE PLEASE!
My friend filed EB1-EA and also applied for I-485. Visa status J1. NOID has been issued on EB1-EA. What is the consequence of this on pending AP application?. What are the risks is traveling with J1 (not stamped) on returning if AP is issued?. Does one become out of status when EB1-I-140-- and all I-485 denied based on that.? EB2-NIW has also been filed. Is it possible to link the EB1-I-485 to pending EB2-NIW (retrogressed country)?. I know some facts, but I would really need some solid guidelines to advise my friend. Your help is very much appreciated. | | | |
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Topic: NOID on EB1-EA, Travel planned, Help please!.
My friend filed EB1-EA and also applied for I-485. Visa status J1. NOID has been issued on EB1-EA. What is the consequence of this on pending AP application?. What are the risks is traveling with J1 (not stamped) on returning if AP is issued?. Does one become out of status when EB1-I-140-- and all I-485 denied based on that.? EB2-NIW has also been filed. Is it possible to like the EB1-I-485 to pending EB2-NIW (retrogressed country)?. I know some facts, but I would really need some solid guidelines to advise my friend. Your help is very much appreciated. | | | |
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Topic: EB2-NIW Rfe. Your thoughts
Congratulations!! Good Luck with EB1A! | | | |
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Topic: I-140 pending for more than 500 days in NSC
Ask your lawyer to raise service request (sr). good luck | | | |
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Topic: EB2-NIW Rfe. Your thoughts
Submitting the citations would help to say that you are better than the peers of similar experience. However since they specifically also ask to show proof that your AREA of study is in a NATIONAL INTEREST, I would recommend you to cite the documents from NATIONAL LABS, Office Of Science, and also documents from very TOP journals where people in YOUR AREA of study have explicitly commented that WORK is a NATIONAL INTEREST. Citing these documents and reinforcing that you are working in a NI area and thus a labor certification which would choose a minimally qualified US citizen would adversely affect the National interest of the US. This is one prong that you need to address for this RFE also show documentary proof. Good Luck. | | | |
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Topic: EB2 NIW
Has anyone noticed that the last approved EB2-NIW on Trackitt was in December last year, whereas regular EB2 and EB3 applications are being processed in 14 days. You'd think applications in the "National Interest" would be given some priority.
Mine was approved in April 09. (filed May 08) | | | |
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