raysaikat
07-10 07:17 PM
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
3. What if the old employer revokes his I140 now? His GC process is invalid?
4. If we leave about GC, Can he do H1 transfer atleast?
Thanks for your valuable suggestions.
Ask him to request I-140 premium processing; I think he is eligible. He will get the approval/denial in 15 days.
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nashim
07-16 04:06 PM
1) Yes
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
Kodi
08-28 06:50 PM
Received 2 yr EAD, I-140 pending as of 4/18/08
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krishna_brc
05-21 01:20 PM
i did it myself too..pretty straightforward..they hv all info on their website..
Hi Pandya,
Can you please provide their website link. I appreciate your help.
Thanks,
Krishna
Hi Pandya,
Can you please provide their website link. I appreciate your help.
Thanks,
Krishna
more...
DallasBlue
09-01 11:07 AM
yes it looks like a boiler plate RFE. you will just need to be cautious with the information you are giving to RFE and Make sure it is consistent with what ever you provided earlier.
Also, get your collegues/managers from previous company to give you letters stating that you worked with him/her for that company during the stated period. Like explained above get as much consisten evidences liek w2's pay stubbs for that period. For the Ability to pay , have your company get with the CPA and prepare those statements.
dont panic, roughly 3 out of 10 do get RFE's. guess it has become more common with the increased workload ...
Also, get your collegues/managers from previous company to give you letters stating that you worked with him/her for that company during the stated period. Like explained above get as much consisten evidences liek w2's pay stubbs for that period. For the Ability to pay , have your company get with the CPA and prepare those statements.
dont panic, roughly 3 out of 10 do get RFE's. guess it has become more common with the increased workload ...
legaleagle
06-08 02:50 PM
Thanks Dhundhun,
I will gather whatever documents I have and then consider. My present position would not entitle me to claim Senior Management position. Also, now things are getting a bit difficult.
I will gather whatever documents I have and then consider. My present position would not entitle me to claim Senior Management position. Also, now things are getting a bit difficult.
more...
Ramba
08-07 08:31 PM
Thanks. Yes, I am an Indian citizen.
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
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kernel_flash
02-14 08:37 AM
Congratulations to all the winners!
this was really exciting :)
this was really exciting :)
more...
jamesbond007
12-08 04:39 PM
I wish! :)
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
Let us not assume. The worst that can happen from this request for a seat at the table is that they will deny the request.
There is a first time for everything. The transition team having a transparent open door policy for anyone's suggestion itself is a novel idea.
Obama and company are looking for ways to create jobs and revive the economy. Any idea that works towards those goals, I am pretty sure they will be all ears.
I am pretty sure Obama-Biden's team does not want to see the headlines like "Foreigners" on Obama-Biden's transition team!
Yes. We are foreigners no matter how much tax we pay or how law abiding we are...
Let us not assume. The worst that can happen from this request for a seat at the table is that they will deny the request.
There is a first time for everything. The transition team having a transparent open door policy for anyone's suggestion itself is a novel idea.
Obama and company are looking for ways to create jobs and revive the economy. Any idea that works towards those goals, I am pretty sure they will be all ears.
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dhirajs98
04-09 10:27 AM
I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.
What needs to be done to make sure she in on her EAD now and not on H4 anymore?
How she can become an employee of her own company and get payed every 15 days.
What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?
Please advise.
What needs to be done to make sure she in on her EAD now and not on H4 anymore?
How she can become an employee of her own company and get payed every 15 days.
What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?
Please advise.
more...
darsh678
02-12 08:46 AM
This is what i think as being optimist
Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
Even better will be if they have separate category and dont include in EB3.
I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.
This is very serious matter. EB community should strongly oppose
It is time for Fight to Finish !
Even if Schedule A gets 90 k unused visa, we will be closer to our PD as all schedule A are in EB3. So if this 90 k for schedule A gets approved we will move ahead by 90 k visas.
Even better will be if they have separate category and dont include in EB3.
I think if we are not supporting them then atleast not oppose them as in any case it will be a win win situation for us and we can follow their steps if they are successful to get some solution for our EB3 retro.
This is very serious matter. EB community should strongly oppose
It is time for Fight to Finish !
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bestin
11-05 11:01 PM
I have a notice date of Oct 1st but no EAD yet. Anybody else in similar situation? My application reached NSC on AUg 13th.
I have received FP notices on Oct 29th
SAME with receipt date.see details below
I have received FP notices on Oct 29th
SAME with receipt date.see details below
more...
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siravi
11-15 04:46 PM
yes he is Math teacher.
What is process of getting H1B. Is they are applicable for H1B or they need diff VISA. then what is the process of getting that. or if they are applicable for H1b then it is the same process as for S/W Prof.
sdudeja: I sent you PM, Please look it
Is any other thing which we need to take care about.
Thanks
I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.
sdudeja, nice to meet another teacher on the forum!
What is process of getting H1B. Is they are applicable for H1B or they need diff VISA. then what is the process of getting that. or if they are applicable for H1b then it is the same process as for S/W Prof.
sdudeja: I sent you PM, Please look it
Is any other thing which we need to take care about.
Thanks
I am a teacher at an NGO. I am not sure if I understood your question, but hope this helps,,,
First, you have to comply with the state procedures for teacher certification and eligibility. You need the work/H1B visa; the procedure is same as that for all other jobs. The school/orgaization should be ready/willing to sponsor one for a work visa.
sdudeja, nice to meet another teacher on the forum!
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jonty_11
11-08 12:59 PM
If they never overstayed then USCIS has no case against them...get a lawyer to get them out..and then hire another lawyer to sue the USCIS. This is pure harrasment.
more...
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ajay
01-10 07:05 PM
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
Jungalee, I contacted Murali and he already responded to my query that he would contact me on this monday.
Thanks for your contact.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
Jungalee, I contacted Murali and he already responded to my query that he would contact me on this monday.
Thanks for your contact.
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d15photographer
August 13th, 2006, 02:31 PM
on aug 9, nikon anounced the "D80" http://www.dpreview.com/articles/nikond80/
im thinking about making the jump from my pentax ist ds to nikon... i just started photography and think i sould swich to nikon while i still can. i have a few sd cards and think it would be ether the d50 or d80, would it be wourth spending the extra $200 or $400 on the d80. i like the 10mp, the Multiple-exposures capabilities, 100iso ect.
any thoughts
im thinking about making the jump from my pentax ist ds to nikon... i just started photography and think i sould swich to nikon while i still can. i have a few sd cards and think it would be ether the d50 or d80, would it be wourth spending the extra $200 or $400 on the d80. i like the 10mp, the Multiple-exposures capabilities, 100iso ect.
any thoughts
more...
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sertasheep
03-25 11:34 AM
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
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NELLAIKUMAR
02-16 03:20 PM
Hi Nayekal,
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
I am in the same situation as you. My wife's employment is expected to end in the Middle of March.
1. Is it necessary to have receipt number from I-539 in hand by the time the employment is ending or is it ok to mail the I-539 after the employment end date. I am asking this since my H1 is up for extension after April 1st. I am trying to understand whether there is any risk in applying for my wife's COS H1-H4 along with my H1 extension. In this case, there would be gap of 15 days between my wife's last working day and when I plan to send documents for my H1 extension and my wife's H1-H4 COS.
2. Also, if we change it to H4, is it the end of H1. Do we have the option of switching back to H1 at later date without having to go for a fresh H1.
Can you please share your experience.
Thanks....
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ram_ram
01-05 10:51 AM
I contributed my 10 cents..Just now.
javadeveloper
02-23 10:59 AM
Hi
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
1.You need to be on h1(your wife&kid needs to be on H4)
2.My suggestion:use EAD if you need to use but don't send your wife to India.Use your savings for your Insurance & living(in the worst case).
3.Also keep in mind that you have to spend about $2000 to send her to india and bring back to US with which you can buy 3 months of insurance.
We are in AOS pending status.iam on EAD.
After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.
How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
( Visito visa Etc..)
Any suggestions.
Thanks
1.You need to be on h1(your wife&kid needs to be on H4)
2.My suggestion:use EAD if you need to use but don't send your wife to India.Use your savings for your Insurance & living(in the worst case).
3.Also keep in mind that you have to spend about $2000 to send her to india and bring back to US with which you can buy 3 months of insurance.
beautifulMind
10-05 10:32 PM
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
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