smisachu
06-19 10:05 AM
Hi Guys,
My co worker is a sales man who travells to latin america frequently. My company is concerned that once he files I-485 he will not be able to travel out of US. He has a valid H1 stamped on his passport.
His PD is Feb06, EB-3, ROW.
Can he not travel on his H1 once the he files AOS?
My co worker is a sales man who travells to latin america frequently. My company is concerned that once he files I-485 he will not be able to travel out of US. He has a valid H1 stamped on his passport.
His PD is Feb06, EB-3, ROW.
Can he not travel on his H1 once the he files AOS?
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renupond
10-05 03:43 PM
Thanks for the giving link for reply. so I understand that she can work & start her own company to work as independent consultant.
Now I am curious to know..about move from H1 to EAD for her.
can she move from H1 to EAD immediately?
what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office? Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?
Once she have her own company then she will work thru that company corp-to-corp or 1099??
Sorry...so many series of questions...but since this area is new.
appreciate your help.
Thanks in advance.
Now I am curious to know..about move from H1 to EAD for her.
can she move from H1 to EAD immediately?
what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office? Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?
Once she have her own company then she will work thru that company corp-to-corp or 1099??
Sorry...so many series of questions...but since this area is new.
appreciate your help.
Thanks in advance.
mundada
11-08 12:56 PM
Hi everyone,
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
It happened to my parents. They did not know that they had to drop the packet 5 days before the schedule date. While reading on the website, I found out that they need to drop the packet 5 days before. They then dropped the packet at the embassy 3 days before appointment day. On the appointment day, the visa officer rejected the application after asking one question "why you want to go to the USA?". The reason was a standard line -- not enough evidence that you will come back.
I am not sure about the reason of rejection but I think it has to do with not dropping the packet on time.
I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
Thanks!!
It happened to my parents. They did not know that they had to drop the packet 5 days before the schedule date. While reading on the website, I found out that they need to drop the packet 5 days before. They then dropped the packet at the embassy 3 days before appointment day. On the appointment day, the visa officer rejected the application after asking one question "why you want to go to the USA?". The reason was a standard line -- not enough evidence that you will come back.
I am not sure about the reason of rejection but I think it has to do with not dropping the packet on time.
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EndlessWait
06-18 04:54 PM
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Is the visa number the red colored number on the visa stamp or something else?
thanks
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Is the visa number the red colored number on the visa stamp or something else?
thanks
more...
virald
10-05 11:13 PM
our paroles were updated on the website as being mailed on sept26, we still haven't received them but we did receive ead cards which were approved on sept 28. No sign or notice of AP yet
Did your lawyer receive AP? I am sure you must have inquired but, just :confused:curious.
Did your lawyer receive AP? I am sure you must have inquired but, just :confused:curious.
sys_manus
01-28 09:46 AM
I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
more...
gc_check
08-30 10:09 AM
for gg_ny
this is extension of H1B based of aproved I140 .
if i understood correctly the application for H1 extension will became null and void if i travel outside of US .
this is very interesting. I was not aware about this .
Anyway, thank you for your valuable input
I've also applied for the H1B extension(3yr Extn based on approved I-140) and was told NOT to travel while the case is still pending approval by my company Legal Dept/Attorney. So I requested to do it on premuim processing as there is a business necessity to do so. If there is a business need for you to travel, then your company should be willing to use Premium Processing. It costs $1000 more to the company to request Premuim Processing.
this is extension of H1B based of aproved I140 .
if i understood correctly the application for H1 extension will became null and void if i travel outside of US .
this is very interesting. I was not aware about this .
Anyway, thank you for your valuable input
I've also applied for the H1B extension(3yr Extn based on approved I-140) and was told NOT to travel while the case is still pending approval by my company Legal Dept/Attorney. So I requested to do it on premuim processing as there is a business necessity to do so. If there is a business need for you to travel, then your company should be willing to use Premium Processing. It costs $1000 more to the company to request Premuim Processing.
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satyasaich
09-05 11:48 AM
For sure, things will be different after Nov Elections. However when it comes to immigration reforms or SKIL kind of bills, i think (i hate to say this) ambiguity still persists, no matter who controls the house
Well, there is a slightly increased chance in case of Dems control the houses
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
Well, there is a slightly increased chance in case of Dems control the houses
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
more...
joydiptac
06-21 01:48 PM
By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
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485Mbe4001
05-17 11:13 PM
Thanks i had asked my company lawyers refile under perm for me.Their reply was that you are better off with your current PD (sometime 2002), if the bill passes then we can reasses your situation. I have the US masters and all the blah...blah..so i was wondering if i should go with some other lawyer.
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arihant
03-14 04:43 PM
http://www.germany.info/relaunch/info/consular_services/visa/transit.html
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
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senthil
02-12 06:37 PM
when the primary appliant is approved ( H1B in this case ), the dependant application ( H4 ) will also get approved. atleast it happened my case couple of times. thanks.
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house Piercing
gaurav_sh2
07-20 07:47 AM
I agree to maverick. I have PD of feb 08 in EB2. I was having a permenent job but I decided to move back. The main points were uncentainity in GC process. Took a leads Job in worlds largest mutual fund company at bangalore as DBA.
Thing are working out great, since I can do what ever I want without worrying about any paprework.
All though I am really flustreted with bangalore traffic but you have to deal with it..
Thing are working out great, since I can do what ever I want without worrying about any paprework.
All though I am really flustreted with bangalore traffic but you have to deal with it..
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mbartosik
09-12 07:34 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
more...
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conundrum
03-25 08:41 PM
Took Emirate last month. the overall experience was good. Missed my flight from Dubai as the flight from JFK had to be de-iced. But Emirates arranged for my stay at Dubai and also got me a transit visa... so can't complain :) .
But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.
But I last year I flew home by Jet and I thought the service, food, everything about the flight was really good. Would strongly recommend flying by Jet.
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desigirl
04-27 09:09 AM
2 bags or 1 - they are check in luggage - not to worry about it until she reaches India and gets a coolie to help her out.
I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.
I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.
more...
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golf52
07-25 09:49 PM
Hello sss9i,
Have you found an answer to your question? I'm in a very similar
situation. I've got my I-140 approved (06/30/08), and my I-485
is pending more than 180 days.
I'm going through some interviews now (another company) and have
a good chance to get a very good offer.
Please reply with your comments.
Regards,
golf52
Have you found an answer to your question? I'm in a very similar
situation. I've got my I-140 approved (06/30/08), and my I-485
is pending more than 180 days.
I'm going through some interviews now (another company) and have
a good chance to get a very good offer.
Please reply with your comments.
Regards,
golf52
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crystal
06-15 06:20 PM
I found in another forum similar question but not exact.
http://boards.immigrationportal.com/showthread.php?t=115661
as per the above link even though u dont apply for EAD , once you file I-485, you no longer can work on F1-EAD if I understand it correctly
(moderators please do not delete the above link , as I am just trying to get information for my cause.)
I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across
http://boards.immigrationportal.com/showthread.php?t=115661
as per the above link even though u dont apply for EAD , once you file I-485, you no longer can work on F1-EAD if I understand it correctly
(moderators please do not delete the above link , as I am just trying to get information for my cause.)
I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across
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extra_mint
04-22 11:49 AM
I got the exact same RFE and I am with the same employer (though company name changed due to merger) since start. I got RFE last week only so I am working on the response
Based on my research the response should be
List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title
Also I checked this is pretty normal RFE (many people get it)
Check the link below
http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]
Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.
Sorry for the confusion. But please do help me if you have any inputs.
In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?
Based on my research the response should be
List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title
Also I checked this is pretty normal RFE (many people get it)
Check the link below
http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]
Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.
Sorry for the confusion. But please do help me if you have any inputs.
In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?
gcinterview
06-11 04:45 PM
I completed my interview in mount laurel, NJ. Went well, in the end, was told no visa numbers available took my I94 from passport. Sigh!!! numbers were available until last month(:-(). Any way was given a letter stating case would be held in abeyance until priority date becomes current. They are advising me not to travel until you get the green card, they say it would be finalized soon. Any one in similar situation?
I'm a new member on this forum and my case got transferred to MOUNT LAUREL, NJ office.
History:
My 485 was filed in NSC in July'2007.
I have 2 I-140 petitions, and dates are current(Eb2 India).
Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
Case got transferred from NSC to local office in April'2009
After about 8 days of transfer to the local office I received Code 1 Finger print notices.
What does that mean? Any one had similar experiences?
Here is the message I got last month.
We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I'm a new member on this forum and my case got transferred to MOUNT LAUREL, NJ office.
History:
My 485 was filed in NSC in July'2007.
I have 2 I-140 petitions, and dates are current(Eb2 India).
Code 3 FP done in Dec'2007 and Name check and FBI background checks cleared.
Case got transferred from NSC to local office in April'2009
After about 8 days of transfer to the local office I received Code 1 Finger print notices.
What does that mean? Any one had similar experiences?
Here is the message I got last month.
We transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our MOUNT LAUREL, NJ location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our, MOUNT LAUREL, NJ location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
life99f
06-18 11:25 PM
Part 2 application type
I use EB3 , which one should I check? a ?
my wife file with me, which one should she check? b?
part 3 processing information
were you inspected by a US immigration officer? yes or no
what does the "inspected" mean?
I use EB3 , which one should I check? a ?
my wife file with me, which one should she check? b?
part 3 processing information
were you inspected by a US immigration officer? yes or no
what does the "inspected" mean?
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