glamzon
07-19 10:59 PM
Chicago - Yes (Hope Exists)
Atlanta - No
Atlanta - No
wallpaper ENGINE CONTROL PC
girishvar
04-21 02:06 PM
There is no need to switch from H1 to L1. If you are eligible for EB1 multi national executive/manager green card you will get it independent of whether you are H1B or L1-A.
psam
12-15 08:49 PM
I am the same boat. My wife got her card wheras I got a response to the SR we raised that my card was sent the same day as my 485 approval notice and it might been lost in mail. I was asked to file I-90. I called customer service several times and talked to 2nd level IO and all suggested to file I-90. I took infopass but gave a shot again by talking to 2nd level IO who went over my case and said that my card was never created so she raised a SR.
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
I had same experience. Various customer service rep told me that my card was indeed sent. I think they go by email notications or by status changes to our I-485 application. It goes through "Card Production Ordered" and "Post decision activity" even when there is problem with card production. Its only when they look in some other system, they find that there was a problem with card production.
My previous SR was raised by officer at the local uscis office who mentioned non delivery of PR cards which i don't think is the correct request. Now I have to pray and hope they create the card or have to file I-90
I had same experience. Various customer service rep told me that my card was indeed sent. I think they go by email notications or by status changes to our I-485 application. It goes through "Card Production Ordered" and "Post decision activity" even when there is problem with card production. Its only when they look in some other system, they find that there was a problem with card production.
2011 computer hardware parts,
ssreenu
04-13 01:15 PM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
The answer to a simple question of whether you can work in a different country when you hold H1B is "YES".
Tax laws hold good for expats(people working outside USA) meaning the same rules would apply if you are living in one sate and working in another state (within the USA). Even in USA, LCA should be filed in every state that you are going to work(no exception), most of the H1 extensions get rejected because of LCA not filed at the client location. I am sure one will have check the tax laws even when you are working out of state(forget about out of country) and if you don't follow the tax laws you will be in a soup when IRS finds it out. Remember to take "Tax Breaks" when you claim expenses. You have to take a 21 business days break within the first year and 6 months break before the 2 years end and the cycle will be reset for Tax breaks. You have to be legally present in the USA to get your H1B extended. Attorneys are the best people to advise on the legal implications.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
The answer to a simple question of whether you can work in a different country when you hold H1B is "YES".
Tax laws hold good for expats(people working outside USA) meaning the same rules would apply if you are living in one sate and working in another state (within the USA). Even in USA, LCA should be filed in every state that you are going to work(no exception), most of the H1 extensions get rejected because of LCA not filed at the client location. I am sure one will have check the tax laws even when you are working out of state(forget about out of country) and if you don't follow the tax laws you will be in a soup when IRS finds it out. Remember to take "Tax Breaks" when you claim expenses. You have to take a 21 business days break within the first year and 6 months break before the 2 years end and the cycle will be reset for Tax breaks. You have to be legally present in the USA to get your H1B extended. Attorneys are the best people to advise on the legal implications.
more...
ek_bechara
10-13 03:31 PM
The very first time I went in formals (for my F1 visa). After that I've been to the consulate seven times, and its always been in jeans and t shirt. Next time I'm thinking of going Tarzan style. It will save me the security hassle and will serve as a good respite from the Chennai heat.
rockstart
01-08 09:35 PM
Thank you so much guys for the info
more...
dixie
10-13 07:36 PM
You are right .. the US has a big headstart; but that doesnt mean it will remain that way forever. For instance, close to 40% of all US patents are being bagged by either non-US entities or foreign outposts of US organizations. For a comparison, it was just 10% in 1995 .. dont remember where I read this, but I will post the link if I can find it again.
The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US
The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US
2010 Wholesale computer hardware
nk2006
12-07 02:40 PM
Friends,
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
Yes.
I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.
(note: I am not a lawyer)
more...
DDash
04-04 11:49 PM
I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
hair computer hardware parts
gc_chahiye
10-03 03:10 AM
so when is a visa no. allocated?
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
visa number is assigned at or right about just before the approval. So if the VB is 2 years away from your PD, you are not going to see an approval. After your PD is current, you might be assigned a visa number if your application was otherwise pre-adjudicated. You will see approval either that month or shortly thereafter. Again, IF your application was assigned a visa number. not all people who become current are assigned visa numbers...
say, i filed in july when visa bulletin was current and now its retrogressed to 2004. my PD is 2006. so can it happen that if all runs smooth and application is complted, i can get my GC, even tough visa bulletin may not have yet cut past my PD? so in a nut shell, visa no. is given when 485 is recipted or when its approved?
visa number is assigned at or right about just before the approval. So if the VB is 2 years away from your PD, you are not going to see an approval. After your PD is current, you might be assigned a visa number if your application was otherwise pre-adjudicated. You will see approval either that month or shortly thereafter. Again, IF your application was assigned a visa number. not all people who become current are assigned visa numbers...
more...
sk2006
07-14 10:47 PM
Hi,
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Dear Sangeetha,
For H1B you may not need exp letter.
However for I140, you will and you can get experience letter from Ex-Colleagues or Ex-Manager. It worked for me.
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Dear Sangeetha,
For H1B you may not need exp letter.
However for I140, you will and you can get experience letter from Ex-Colleagues or Ex-Manager. It worked for me.
hot computer hardware parts
ameryki
03-10 09:46 PM
Never mind lawyer just sent copies of the receipt notice. so we are good to play.
more...
house All brand new parts Power
GCFever007
07-19 10:04 AM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
tattoo computer hardware parts
dreamworld
01-25 04:43 PM
I live and take bart from fremont. let us know time and day or days of this event. I will plan to stop by or stop for hours to help IV friends.
more...
pictures any new computer hardware,
texcan
08-01 05:54 PM
Count me in guys.
dresses owned computer hardware
amulchandra
02-22 06:35 PM
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.
Do not want to spread the panic but ....Be careful..
- good luck
kris
Can you please give some specific examples? If the IOs at POE are going to decide the admissibility of a person based on his/her job demand and availability of US citizens for that job, what the heck is DOL for? Why we need LCAs at all?
To the best of my knowledge the IOs at POE do not decide the admissibility of a person based on his educational back ground ,demand for the job he/she is doing or the availability of US citizens. That job is done by USCIS,DOL and the genuineness of the candidate is checked by the visa issuing consulate. Th IOs at POE check whether the person is otherwise inadmissible into US (Visa validity,Candidate's intention to work for the same employer and criminal/background checks).
Please stop spreading rumors.
Thank you
amulchandra
Do not want to spread the panic but ....Be careful..
- good luck
kris
Can you please give some specific examples? If the IOs at POE are going to decide the admissibility of a person based on his/her job demand and availability of US citizens for that job, what the heck is DOL for? Why we need LCAs at all?
To the best of my knowledge the IOs at POE do not decide the admissibility of a person based on his educational back ground ,demand for the job he/she is doing or the availability of US citizens. That job is done by USCIS,DOL and the genuineness of the candidate is checked by the visa issuing consulate. Th IOs at POE check whether the person is otherwise inadmissible into US (Visa validity,Candidate's intention to work for the same employer and criminal/background checks).
Please stop spreading rumors.
Thank you
amulchandra
more...
makeup Yacht Hardware
obviously
08-04 12:08 PM
Thanks for sharing!
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together.. you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
>> I have both the I-140's now, the EB2 and the Eb3. So this is not a case of filing I-140 together with I-485. Qn is can the underlying I-485 EB3 pending adjudication be matched up with the new I-140 EB2 which has the older EB3 PD? If not, is filing a new I-485 to follow on the new EB2 I-140 the only option? Currently EB3 India is Unavailable and EB2 India PD is Jun 06. My new EB2 PD is Nov 02.
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
>> ok, thanks.
Whew, just when you think this darn thing will be over ... :D
Cheers!
my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together.. you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
>> I have both the I-140's now, the EB2 and the Eb3. So this is not a case of filing I-140 together with I-485. Qn is can the underlying I-485 EB3 pending adjudication be matched up with the new I-140 EB2 which has the older EB3 PD? If not, is filing a new I-485 to follow on the new EB2 I-140 the only option? Currently EB3 India is Unavailable and EB2 India PD is Jun 06. My new EB2 PD is Nov 02.
but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
>> ok, thanks.
Whew, just when you think this darn thing will be over ... :D
Cheers!
girlfriend cheap computer parts, second
reddog
06-11 03:23 PM
The answer to your last question is Yes. Provided your prev employer does not file for a revocation of I140.
I have read this same opinion from many other lawyers.
Recent Murthy chat:
Question: My I-140 just got approved. Do I need to wait for 6 months or any timeframe before I change jobs and use AC portability? Also, can the new company apply in EB2 category (earlier was EB3) without losing the priority date?
Answer: AC21 portability is not an option until the I-485 has been filed and pending for at least 180 days. If the earlier I-140 petition is still valid, then a new employer can file a new LC and I-140 and request the transfer of the earlier PD from the earlier file.Jun-4-2007.
I have read this same opinion from many other lawyers.
Recent Murthy chat:
Question: My I-140 just got approved. Do I need to wait for 6 months or any timeframe before I change jobs and use AC portability? Also, can the new company apply in EB2 category (earlier was EB3) without losing the priority date?
Answer: AC21 portability is not an option until the I-485 has been filed and pending for at least 180 days. If the earlier I-140 petition is still valid, then a new employer can file a new LC and I-140 and request the transfer of the earlier PD from the earlier file.Jun-4-2007.
hairstyles Kids page computer stop
hotbread1
07-16 01:11 PM
Please click one of the Quick Reply icons in the posts above to activate Quick Reply.
transpass
03-16 03:57 AM
hi,
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
If you have the same job with similar job duties, one thing you can do is as follows...
Pull out your approved labor and see the job description. Use similar description on the new job. The description need not match word to word, but more or less similar. Also, consult your lawyer regarding this and seek his/her advice so that your AC21 sails smoothly...
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
If you have the same job with similar job duties, one thing you can do is as follows...
Pull out your approved labor and see the job description. Use similar description on the new job. The description need not match word to word, but more or less similar. Also, consult your lawyer regarding this and seek his/her advice so that your AC21 sails smoothly...
mallu
02-17 03:40 AM
There's nothing new in that website. EB-2 India for entire FY is GONE.. FINIS.. KHATAM... KHALLAS.
....
That forum posting by Attorney says " ...Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
...
So ?
....
That forum posting by Attorney says " ...Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:
In April, India and China EB2 will be set at 12/01/2003
...
So ?
No comments:
Post a Comment