kirupa
03-12 04:49 AM
If your avatar is any indication of your artistic style, I really can't wait :)
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Berkeleybee
05-17 01:35 PM
I listened to President's speech last Monday on immigration.But,he did not mention anything about legal immigration issues. I think ,we should send a memorandum or mass letter from each members of IV to the President.
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
Va_labor2002,
The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.
Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.
best,
Berkeleybee
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
Va_labor2002,
The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.
Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.
best,
Berkeleybee
srh1
10-30 11:19 AM
bluez25 ....thank you so much for your reply.
addsf345 looks like you have a chicken head.
you dont have the common sense to understand the thread might be useful for people like me who could'nt decide whether to jump to a new employer with in 6 months or not as it would trigger any problem during Naturalization.
Seeing your comments i see your jealous of others getting GC. Change your thinking as the question which i asked at some point or the other you will also have the same question then at that point you will look like a chicken.
addsf345 looks like you have a chicken head.
you dont have the common sense to understand the thread might be useful for people like me who could'nt decide whether to jump to a new employer with in 6 months or not as it would trigger any problem during Naturalization.
Seeing your comments i see your jealous of others getting GC. Change your thinking as the question which i asked at some point or the other you will also have the same question then at that point you will look like a chicken.
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prakgc
07-21 09:37 PM
For all those who are having nightmares about G325A and sending GA325 or for completeness need not worry if visa was issued more than a year back based on this.... I found this from the link provided earlier in this thread(pdf) by ushkand
Establishing completeness of records may entail preparation of a request for
background check from an American consulate or embassy.
The G-325A Biographic Information form must be completed by all
applicants between the ages of 14 and 79. Clerically processing this form
initiates a record check abroad for the applicant. This request, however, is not
needed for all applicants. If the applicant entered the United States more than
a year ago, the G-325A will not be processed. This limitation is imposed
because the Department of State generally destroys the nonimmigrant visa
application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
green, pink, and blue copy. You will only need to use two legible copies,
usually the white (file) and the blue (consul) copy. The only exception to this
rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
is required to submit a G-325A for the underlying I-130 petition. In this
instance, you would include the pink copy of the G-325A in the record of
proceeding of the I-130.
Further, be aware that if an I-130 petition is included in the A-file, the spouse
of the applicant of the I-485 is required to submit a G-325A for that riding
petition. The spouse’s G-325A should be included in the record of proceeding
and not processed according to these instructions. It is considered a
supporting document and will be reviewed at the time of adjudication.
Establishing completeness of records may entail preparation of a request for
background check from an American consulate or embassy.
The G-325A Biographic Information form must be completed by all
applicants between the ages of 14 and 79. Clerically processing this form
initiates a record check abroad for the applicant. This request, however, is not
needed for all applicants. If the applicant entered the United States more than
a year ago, the G-325A will not be processed. This limitation is imposed
because the Department of State generally destroys the nonimmigrant visa
application when the date of issuance is one year old.The G-325A is generally submitted with four copies--a white (original),
green, pink, and blue copy. You will only need to use two legible copies,
usually the white (file) and the blue (consul) copy. The only exception to this
rule is when the I-485 is accompanied by an I-130. The applicant of the I-485
is required to submit a G-325A for the underlying I-130 petition. In this
instance, you would include the pink copy of the G-325A in the record of
proceeding of the I-130.
Further, be aware that if an I-130 petition is included in the A-file, the spouse
of the applicant of the I-485 is required to submit a G-325A for that riding
petition. The spouse’s G-325A should be included in the record of proceeding
and not processed according to these instructions. It is considered a
supporting document and will be reviewed at the time of adjudication.
more...
prince_charming
04-08 04:14 PM
Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?
jayleno
12-15 03:44 PM
:D Nice find. Does it really say where he is from or where the wife has to go in case of the husband being laid off in 4 months time? It just says the person was born in India. I really dont want to extend this...please stop responding.
Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??
Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??
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gapala
02-26 01:24 PM
This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.
This is just my understanding. Check with a attorney to get precise information.
This is what my attorney has said too. I will double check with my employer attorney as well.
This is just my understanding. Check with a attorney to get precise information.
This is what my attorney has said too. I will double check with my employer attorney as well.
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anilsal
08-02 12:46 AM
it is not luck or wishful thinking, it is legislation that is needed to get things our way? For this to happen, IV has to continue its efforts and for that to happen, all of you (if you already are, ignore) should consider becoming contributing members of IV and share some of the advocacy efforts of IV.
You up for the challenge? If not, please wither away ;)
You up for the challenge? If not, please wither away ;)
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gc_chahiye
07-20 03:49 PM
Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.
2. will I get in trouble if I do not have EAD and my H1 expires?
status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.
Not sure why you want an early H1 extension filing...
3. Can I move to new employer using AC21 without EAD?
yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.
2. will I get in trouble if I do not have EAD and my H1 expires?
status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.
Not sure why you want an early H1 extension filing...
3. Can I move to new employer using AC21 without EAD?
yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.
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pmamp
07-12 10:24 AM
One possible issue with this assessment is that CIS Ombudsman released the report on June 11th and ISCIS published 'THE JULY 2007 BULLETIN' on June 12th. That may mean someone in USCIS decided ultra fast as to make all the dates current or they (USCIS top brass) knew about this report draft.
I don't know if this report really caused USCIS to come out with that bulletin. there is something else under the hood which caused this reaction....http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
I don't know if this report really caused USCIS to come out with that bulletin. there is something else under the hood which caused this reaction....http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
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crystal
07-08 01:59 PM
Why is he mentioning as East Indians instead of Immigration Voice membershttp://www.immigration-law.com/
It's right on the home page.
It's right on the home page.
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adiboss007
06-07 10:52 PM
http://ashwinsharma.com/2007/06/03/nasscom-statement-on-the-h1b-program.aspx
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mugwump
12-07 02:57 PM
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)
If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?
just my opinion.
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)
If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?
just my opinion.
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va_dude
03-09 03:01 PM
kminkeller....
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
more...
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ChainReaction
02-21 12:15 PM
https://egov.immigration.gov/cris/jsps/ptimes.jsp
that is for last month updated jan 17,2007 not for feb?
that is for last month updated jan 17,2007 not for feb?
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wellwishergc
04-10 07:01 PM
I think since your labor is cleared, you should be fine with going ahead with the H1 extension for 1 year. As I said, if you had your I-140 cleared, then you could have applied for a 3 year extension. The 365 day rule applies in case your labor is in the pending state. Let us assume that your labor is NOT approved. In such a case your labor should be pending more than 365 days prior to the expiry date of your current H1B. If not, you are not eligible for extension and you have to leave the country. Your case is different.
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
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kaizersoze
03-21 12:32 PM
just noticed up the thread that there was a conf call held already. pankaj,
could you pls share the details.
could you pls share the details.
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neelu
01-03 08:17 AM
Thank you very much .
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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.
kshitijnt
07-17 01:00 PM
I am confused with regards to AOS Vs. CP and which one to choose.
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
I initially chose CP on my form but now going to file 485. You can switch it either way
Switching from CP to AOS:
Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.
Switching from AOS to CP:
I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
I initially chose CP on my form but now going to file 485. You can switch it either way
Switching from CP to AOS:
Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.
Switching from AOS to CP:
I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.
reddy_h
08-14 04:04 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am really sorry for you, buddy. This is a stupid mistake by USCIS. Atleast they rejected your wife's application before Aug 17th so now you can refile. But I would advise you to send separate checks now. Even if EAD or AP applications are not properly filed, they will atleast accept I-485 if you send separate checks.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am really sorry for you, buddy. This is a stupid mistake by USCIS. Atleast they rejected your wife's application before Aug 17th so now you can refile. But I would advise you to send separate checks now. Even if EAD or AP applications are not properly filed, they will atleast accept I-485 if you send separate checks.
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