PHANI_TAVVALA
02-26 02:00 PM
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
Pardon my dumbness again, please elaborate "immigration lingo".
Pardon my dumbness again, please elaborate "immigration lingo".
wallpaper CUTE PUPPIES AND KITTENS PLAYING TOGETHER
reddog
04-29 10:20 AM
AAAaaaaaaaaaCHhoooooooooooo!!!!!!!!!!
shana04
02-05 08:32 PM
My H1 extension expires on March 08, Have EAD, Work for the same employer who sponsered my GC.
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Does my employer has to apply for my H1 extension ? Should I use EAD to work with my same employer (what paper work I have to do ?).
Hypothical question, If I use EAD to work, lets say there is a delay in getting my EAD renewed even though I apply 120 days in advance, should I stop working and start working only after I get my new EAD ??
Some may find these as irrelvant thoughts/questions, but we are in this limbo state and it is better to know.
Thanks.
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
2011 Cute+puppies+and+kittens+
Rb_newsletter
09-16 01:39 PM
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.
because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.
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yagw
12-08 02:14 AM
On the infopass web site, there are four categories, and I can't relate to any of them. I don't have an SR because the rep refused to open one; I don't have a notice. Is it still possible to go for infopass?
We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
You made a different selection at the first step.
Under
Please select Kind of Service you need
You need Service on a case that has already been filed
You are a new Permanent Resident and have not yet received your Permanent Resident Card
You want to file an application in person
You need information or other services
You need a form.
You are a United States Military Member, Military Retiree or a Military Dependant
I guess you chose option 1. Here if you choose "You need information or other services" you can schedule one. Try your luck with infopass - it depends on the IO you talk to. Tell them that the customer service rep told you to go to infopass to get the PP stamped.
We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
You made a different selection at the first step.
Under
Please select Kind of Service you need
You need Service on a case that has already been filed
You are a new Permanent Resident and have not yet received your Permanent Resident Card
You want to file an application in person
You need information or other services
You need a form.
You are a United States Military Member, Military Retiree or a Military Dependant
I guess you chose option 1. Here if you choose "You need information or other services" you can schedule one. Try your luck with infopass - it depends on the IO you talk to. Tell them that the customer service rep told you to go to infopass to get the PP stamped.
pappu
07-06 10:44 AM
Nope not possible as of now. Lawsuit is specific to visa bulletin issue.
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jscris
July 18th, 2004, 10:41 AM
Welcome, Brandon! As you can see already, you'll get a lot of help from the great group here.
Janet
Janet
2010 so cute puppies, kittens
drirshad
09-23 08:25 PM
After 09/18 I got NUD almost everyday until today
Now NUD = No Updates to Date ..... :o
Now NUD = No Updates to Date ..... :o
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TO BE OR NO TO BE
10-21 04:19 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
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getgreened2010
11-22 12:04 PM
Thanks guys. I guess I need to change my flight at the last minute.....!
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grupak
03-24 11:39 AM
AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.
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Dhundhun
06-24 10:02 PM
at the POE i was being given I-94 validity till Nov 2008 but i have visa till 2009, when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back, when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
Answers:
1. It takes 2-3 months to get I-94 card after I-102 application.
2. I-94 is not relevent for EAD. EAD renewal is based on photocopy of I485 receipt, photocopy of previous EAD and original letter which came with EAD. Also need the know the day, previous EAD was applied.
3. When we go neighbouring countries (e.g. Canada/Mexico) and want to use AVR, we need to keep I94. At the time of AVR, exit/entry record is updated. When we go to other countries, we need to surrender I-94 to airlines for exit record to be properly updated. So I am not sure, how you want to go out and get another i-94.
My question is
1. if i send the I102 form how long will it take to get new I 94 card.
2. i need to renew my EAD which i never used before will it cause any problem. do i need to submit my copy of I94 card for renewel of EAD.
3. Other option is going out of country and coming back but after entering into USA with H4 visa i applied my SSn and i got it and till now i did not use my EAD and i did not apply for AP as its not required., so if i go out of country and come back what will be my status as i applied SSN
Answers:
1. It takes 2-3 months to get I-94 card after I-102 application.
2. I-94 is not relevent for EAD. EAD renewal is based on photocopy of I485 receipt, photocopy of previous EAD and original letter which came with EAD. Also need the know the day, previous EAD was applied.
3. When we go neighbouring countries (e.g. Canada/Mexico) and want to use AVR, we need to keep I94. At the time of AVR, exit/entry record is updated. When we go to other countries, we need to surrender I-94 to airlines for exit record to be properly updated. So I am not sure, how you want to go out and get another i-94.
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smartboy75
10-17 03:51 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
My personal opinion is as below
Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...
My 2 cents..
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TO BE OR NO TO BE
10-22 08:33 AM
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
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langagadu
11-11 12:16 PM
I will advice you but do you provide free catering for the next 5 years?
Just kidding man. Stay with the employer for atleast 6 months (that's what pundits say).
Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
Just kidding man. Stay with the employer for atleast 6 months (that's what pundits say).
Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.
Please do advice accordingly as I need to take decision based on that.
Thanks in advance
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sunny1000
11-26 06:01 PM
Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!
Gurus please give your thoughts.
Anil
What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.
But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.
You may also want to post your query at www.immigrationportal.com
In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.
Disclaimer: this is not legal advice.
Gurus please give your thoughts.
Anil
What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.
But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.
You may also want to post your query at www.immigrationportal.com
In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.
Disclaimer: this is not legal advice.
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Leo07
01-31 04:24 PM
Folks,
Please take a moment to fill in the below survey from Barack Obama's website. I'm 100% sure that the results of the survey will reach the President. No sign-up necessary to complete the survey. To select 'Immigration Reform' as your number one priority, choose 'Other' and type in 'Immigration Reform'. You can see that Immigration reform is not one of the top priorities of the administration at the moment.
Here is the Link:
Organizing for America | BarackObama.com | OFA Survey (http://my.barackobama.com/page/s/OFASurvey/)
Thanks,
Leo07
Please take a moment to fill in the below survey from Barack Obama's website. I'm 100% sure that the results of the survey will reach the President. No sign-up necessary to complete the survey. To select 'Immigration Reform' as your number one priority, choose 'Other' and type in 'Immigration Reform'. You can see that Immigration reform is not one of the top priorities of the administration at the moment.
Here is the Link:
Organizing for America | BarackObama.com | OFA Survey (http://my.barackobama.com/page/s/OFASurvey/)
Thanks,
Leo07
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gconmymind
11-12 03:35 PM
Gurus,
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
If you are getting the work done from India, only then your clients can pay your company in India.
This is my understanding. Talk to your lawyer and CPA.
I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.
Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.
Will I have to pay taxes in USA.
Thank you for your time.
If you are doing the work from USA, then you have to get paid in USA and pay US taxes.
If you are getting the work done from India, only then your clients can pay your company in India.
This is my understanding. Talk to your lawyer and CPA.
hairstyles cute puppies and kittens
ita
11-04 02:19 PM
But I think it's thanks to CBN who pulled the consulate to Hyd when they were debating to have the consulate in Hyd or Bangalore. From what I know YSR govt just boomed up the realty prices but nothing else, though realty went up in other parts of the country too.
PS: I'm not very sure if it was CBN who got the consulate to Hyd but just expressed my thoughts as we are talking about consulate/Hyd/how proud we should be etc in this thread.For those who know better or disagree with me please feel free to do so by posting in the thread but not by giving red/accompanying mssgs. These days I'm so cautious that unless absolutely sure I don't take any chances with posting on threads so as to avoid upsetting people even remotely. Felt it's been long since I've been easy on IV threads..so I'm posting on this thread :)
Thank you.
PS: I'm not very sure if it was CBN who got the consulate to Hyd but just expressed my thoughts as we are talking about consulate/Hyd/how proud we should be etc in this thread.For those who know better or disagree with me please feel free to do so by posting in the thread but not by giving red/accompanying mssgs. These days I'm so cautious that unless absolutely sure I don't take any chances with posting on threads so as to avoid upsetting people even remotely. Felt it's been long since I've been easy on IV threads..so I'm posting on this thread :)
Thank you.
ita
12-08 03:32 PM
When you are with the same company that files your GC (not Ac21) is it fine if the amount on W2 (for each year) is less than the amount mentioned on the LC. Is there a safe zone bracket . Since GC is for future job I was wondering if it is a must that the W2 should reflect the amount that is more or at least same as the amount on the LC.
Thank you.
Thank you.
gg_ny
09-24 08:54 PM
I know this is not the original question asked, but I have heard that bad driving record surely does affect your green card processing!
Any criminal activity that pertains to driving would show up but the screening excludes traffic violations (parking, speeding, lane rule breaking, and other moving violations). In some states repeated rule breaking leads to criminal record, may be you have heard in that context. DUI, hit and run, not stopping for accidents, damage to public or private property and not reporting it etc. are also bad driving practices (if one survive any of them ;-)) and might lead to
criminal records and get flagged.
Any criminal activity that pertains to driving would show up but the screening excludes traffic violations (parking, speeding, lane rule breaking, and other moving violations). In some states repeated rule breaking leads to criminal record, may be you have heard in that context. DUI, hit and run, not stopping for accidents, damage to public or private property and not reporting it etc. are also bad driving practices (if one survive any of them ;-)) and might lead to
criminal records and get flagged.
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