diptam
05-25 09:50 PM
Probably not, but I might start a company just across the border in Mexico as it's basically sunny like California and could be a great attraction to all the professional people who are tired of the US immigration law, but like to have easy access to North America.
well said - dude ...
Take the contract for the fence also and please keep loopholes (entry gates)
within that fence so that the access become smooth.:)
well said - dude ...
Take the contract for the fence also and please keep loopholes (entry gates)
within that fence so that the access become smooth.:)
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sriramkalyan
04-02 03:36 PM
CIR will have this beautiful provision , EB3 Indians can use.
Z visa for Illegals who are in US for past 5 years.
Right now Grassly & Durbin getting ready on H1B extensions .. That's god give .. H1B extension fails , I become Illegal ...
I have to just pay 100 Dollars , i will get my EAD ...
Rest of you ....cry " My H1B got denied" , my B1 got denied ...
Z visa for Illegals who are in US for past 5 years.
Right now Grassly & Durbin getting ready on H1B extensions .. That's god give .. H1B extension fails , I become Illegal ...
I have to just pay 100 Dollars , i will get my EAD ...
Rest of you ....cry " My H1B got denied" , my B1 got denied ...
raydhan
04-25 10:18 AM
Specter concluding the hearing. Professors have two weeks to respond to Specter on their views of structuring the Guest Worker Program.
According to Specter Immigration Bill will shortly come to the Senate Floor again.
According to Specter Immigration Bill will shortly come to the Senate Floor again.
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bobbypavan
10-19 08:54 PM
Yes I am new to this forum and I am acting to the troll alerts as these make sense.
more...
lazycis
12-11 10:44 AM
I agree with alterego. You have to show that you have a good faith employment offer from the I-140 sponsoring employer and that you intend to work for that employer when you get a GC. Of course, the USCIS mess makes any such offer a joke. Who knows what will happen 3-5 years from know? No employer can give you a good faith offer valid for 5 or more years.
The system is screwed up badly. So if somebody wants to take a risk and switch to another occupation to double salary for a few years, I can understand.
The system is screwed up badly. So if somebody wants to take a risk and switch to another occupation to double salary for a few years, I can understand.
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snathan
07-28 11:26 AM
I am not sure if it is rule or not.
I would say in the big scheme of things it does not matter. You need the GC and the employer needs you to work with him till you get GC. It is win - win.
First question to ask is, whether you can chalk out the GC expenses from your pocket, if not let your employer pay it. Why are u thinking of leaving, even before starting....If you want GC, it is advisable to stick to one company....I have suffered a lot, by two layoffs and lost GCs....I have spent $20K until now in H1 and GC fees, so if your employer is paying...take that as a benefit that other employees are not getting.....But the choice is yours..
I believe what you did is illegal if you paid for GC and HB1. PERM & I140 is employer's property. THey can not charge for that whatever may be the reason. Only for I-485 can be paid by the employee. Its the law and it has nothing to do with practice or ethics.
I would say in the big scheme of things it does not matter. You need the GC and the employer needs you to work with him till you get GC. It is win - win.
First question to ask is, whether you can chalk out the GC expenses from your pocket, if not let your employer pay it. Why are u thinking of leaving, even before starting....If you want GC, it is advisable to stick to one company....I have suffered a lot, by two layoffs and lost GCs....I have spent $20K until now in H1 and GC fees, so if your employer is paying...take that as a benefit that other employees are not getting.....But the choice is yours..
I believe what you did is illegal if you paid for GC and HB1. PERM & I140 is employer's property. THey can not charge for that whatever may be the reason. Only for I-485 can be paid by the employee. Its the law and it has nothing to do with practice or ethics.
more...
nashorn
08-11 08:52 PM
Everyone should give this idea some serious thoughts. Especially now the attorneys are suggesting it. If lots of attorneys are doing this, we should make effort to increase the size of the pool. To know if that is true, maybe everyone can ask their attorneys� opinion, and post them here? It will be very significant to have a lot of people having intension to do this, and make that intension known to USCIS (maybe IV can help with this). It will put pressure on USCIS and maybe make them put more resources on the data entering and receipt issuing job, or say something like you cannot refile, or both your applications will be rejected, which of course nobody is going to like, but will make people feel relieved because they don�t have that extra option, and what they can do is to sit back and wait. If enough people are willing to do it, it might work. The current situation is simply unacceptable, it is illing people. Can we have a poll here, asking people if they are going to file again, if they don�t get anything before the window closes, or are still considering it?
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Rajwaitingon140
08-21 05:41 PM
Guys
I am one of the guy waiting for I-140 approval since Dec'2006.
Let's see how long does it take to get my I-140 case.
PD: DEC'2003, EB-3
I am one of the guy waiting for I-140 approval since Dec'2006.
Let's see how long does it take to get my I-140 case.
PD: DEC'2003, EB-3
more...
dummgelauft
11-12 06:49 PM
I wonder if anybody on this forum has relatives who were forced out of Uganda, by Idi Amin.
It will sound familiar to them...
It will sound familiar to them...
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desi3933
05-11 03:09 PM
.... One example is that US citizen has obligation to report global income in his US tax returns, wherever he live/work. :) everything comes at a cost.
....
This is true for all green card holders and most H-1B visa status holders as well. As long as one is resident US person for tax purposes, he/she has to report worldwide income.
One does get credit for foreign tax paid (Even if one is US citizen).
I suggest that you talk to your CPA.
______________________
Not a legal advice.
US citizen of Indian origin
....
This is true for all green card holders and most H-1B visa status holders as well. As long as one is resident US person for tax purposes, he/she has to report worldwide income.
One does get credit for foreign tax paid (Even if one is US citizen).
I suggest that you talk to your CPA.
______________________
Not a legal advice.
US citizen of Indian origin
more...
Macaca
04-22 09:11 AM
Changing employers while I-485 is pending (http://www.hammondlawfirm.com/monthly/bim_January2007_article.pdf)
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gcdreamer05
01-02 10:22 AM
No you can file for h1b extension only 6 months before expiry.
So get all your paper work ready and wait for 6 months time and then file early. By the way why do you want to apply 1 year in advance ? any particular reason ?
So get all your paper work ready and wait for 6 months time and then file early. By the way why do you want to apply 1 year in advance ? any particular reason ?
more...
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Aah_GC
04-02 09:22 AM
As pointed out, the question is incorrect. You can do both (Transfer your H1 and use AC21). Technically, once you are past 180 days of I485 pending your GC application belongs to you. The only hitch here is you would need to maintain the same / similar employment.
If you have an option of transferring your H1 to a new employer (post 180 days of I485 app) - I would strongly recommend you do so. EAD for all it is worth needs to be renewed and throws you out of status if your GC application gets into trouble (God forbid).
If you have an option of transferring your H1 to a new employer (post 180 days of I485 app) - I would strongly recommend you do so. EAD for all it is worth needs to be renewed and throws you out of status if your GC application gets into trouble (God forbid).
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gccovet
11-05 10:02 AM
please support fight against ac21 denials.
All who are planning to use AC21 or already switched job using AC21 (using EAD). Following is very important:
If you think you are immune, think twice, especially if you are making an investment (American Dream) by buying house, please read the following, help keep your dream intact....
check out http://immigrationvoice.org/forum/showthread.php?t=22182
We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads:
http://immigrationvoice.org/forum/sh...d.php?t=22052;
http://immigrationvoice.org/forum/sh...ad.php?t=21716
gccovet
All who are planning to use AC21 or already switched job using AC21 (using EAD). Following is very important:
If you think you are immune, think twice, especially if you are making an investment (American Dream) by buying house, please read the following, help keep your dream intact....
check out http://immigrationvoice.org/forum/showthread.php?t=22182
We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.
http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c
http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb
http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr
http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw
To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.
To get more background on this issue and see what has been done so far, please see these two threads:
http://immigrationvoice.org/forum/sh...d.php?t=22052;
http://immigrationvoice.org/forum/sh...ad.php?t=21716
gccovet
more...
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dan19
03-13 12:06 PM
Do you know whether those guys who didn't get visa from Canada faced difficulties in India because they were rejected in Canada?
why do you want to do that - unless you have international travel plans ahead. even if so - the best bet would be getting it done in india. i dont see that many people were successful in obtaining visa from canada, who dont have masters from USA. my2c.
why do you want to do that - unless you have international travel plans ahead. even if so - the best bet would be getting it done in india. i dont see that many people were successful in obtaining visa from canada, who dont have masters from USA. my2c.
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avi101
04-18 10:41 PM
File for premier processing ..costs extra but atleast will give you a peace of mind soon.
These links seem to suggest that you can work before receiving the receipt if extension employer is same.
Source: http://www.ilw.com/immigdaily/news/2001,0516-H-1B.pdf
"Petitions for extension of stay must be filed prior to expiration of the H-1b admission period indicated on Form I-94, but need
not be approved for H-1b employee to continue working past the expiration date. H-1b employment authorization for H-1b
beneficiaries is automatically extended for 240 days by timely filing (prior to expiration) for extension via submission of a new
Form I-129 packet. Employers may think of this as automatically adding 8 months to the I-94 expiration date."
http://www.immigration-law.com/Archive%20VII.html
Section: 07/10/2003: AC 21 H-1B Portability, Delay of H-1B Processing, and Employment Authorization
http://www.murthy.com/chatlogs/chat0105_P.html
http://www.studentaffairs.cmu.edu/oie/forscho/h1b/employ.cfm
http://www.oip.lsu.edu/iso/H-1B.htm
Try to find the actual memo\regulation in the USCIS\DOL website for more authenticity with your employer. Perhaps you can also call DOL directly and see what they say.
Meanwhile, is you company willing to adjust by paying those wages (for the period you worked for) in a subsequent paycheck (after getting the extension)?
These links seem to suggest that you can work before receiving the receipt if extension employer is same.
Source: http://www.ilw.com/immigdaily/news/2001,0516-H-1B.pdf
"Petitions for extension of stay must be filed prior to expiration of the H-1b admission period indicated on Form I-94, but need
not be approved for H-1b employee to continue working past the expiration date. H-1b employment authorization for H-1b
beneficiaries is automatically extended for 240 days by timely filing (prior to expiration) for extension via submission of a new
Form I-129 packet. Employers may think of this as automatically adding 8 months to the I-94 expiration date."
http://www.immigration-law.com/Archive%20VII.html
Section: 07/10/2003: AC 21 H-1B Portability, Delay of H-1B Processing, and Employment Authorization
http://www.murthy.com/chatlogs/chat0105_P.html
http://www.studentaffairs.cmu.edu/oie/forscho/h1b/employ.cfm
http://www.oip.lsu.edu/iso/H-1B.htm
Try to find the actual memo\regulation in the USCIS\DOL website for more authenticity with your employer. Perhaps you can also call DOL directly and see what they say.
Meanwhile, is you company willing to adjust by paying those wages (for the period you worked for) in a subsequent paycheck (after getting the extension)?
more...
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ags123
05-16 02:06 AM
Your scenario is specifically on page 37. Read the whole bullet point of (vi). It looks like if AAO rules in your favor you would not accrue any unlawful presence, otherwise you will.
Thanks for the reply, I had checked this before posting. However this is for extension of status(EOS) or change of status(COS) of non immigrant status.
I-485 being adjustment of status to permanent residence the AAO appeal cant be similar to a EOS/COS nonimmigrant visa situation.
In the entire 51 pages I dont think this situation is addressed for I-485 denial appeal, Please let me know if this is not correct.
Thanks
Thanks for the reply, I had checked this before posting. However this is for extension of status(EOS) or change of status(COS) of non immigrant status.
I-485 being adjustment of status to permanent residence the AAO appeal cant be similar to a EOS/COS nonimmigrant visa situation.
In the entire 51 pages I dont think this situation is addressed for I-485 denial appeal, Please let me know if this is not correct.
Thanks
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chanduv23
03-13 10:17 AM
My current stamp expires on may 29th, 2007 (7th year extension) and my employer suggests I can go 10 days in advance before my stamp expires (ie the week before may 29th) and says I wont have any issues if I have all documentation. I have had 4 stamps till now and all my stamps were from Chennai, India.
So just wanted to know if there have been any serious rejections in Montreal or Toronto, a lot of people recommend Montreal, so just wanted to ask the IV folks as most have experiences.
So just wanted to know if there have been any serious rejections in Montreal or Toronto, a lot of people recommend Montreal, so just wanted to ask the IV folks as most have experiences.
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Bingy81
03-10 05:49 PM
Hi,
i posted the same question in so many other forums i didn't get proper reply. Let me post it hope some body answers me ...
My I485 is pending - PD dec2006 and my fiancee is on H1B ... if we get married while my I485 is pending can i apply for him along with mine or should i start from the beginning?
tnx in advance
i posted the same question in so many other forums i didn't get proper reply. Let me post it hope some body answers me ...
My I485 is pending - PD dec2006 and my fiancee is on H1B ... if we get married while my I485 is pending can i apply for him along with mine or should i start from the beginning?
tnx in advance
giddi_raja@yahoo.com
07-27 08:19 PM
Guys, NVC sent my case to consulate, abroad yesterday.
What do you guys suggest at this point of time?.
Is there any interview to be setup for me soon at consulate?.
Can I go ahead and attend the interview even though AOS is filed with USCIS?.
I talke to USCIS, they said to write a letter to cancel the AOS application (They are not going to refund the money, which is around $1000.00) if I plan to attend consular process. Please suggest the best option. Thanks
What do you guys suggest at this point of time?.
Is there any interview to be setup for me soon at consulate?.
Can I go ahead and attend the interview even though AOS is filed with USCIS?.
I talke to USCIS, they said to write a letter to cancel the AOS application (They are not going to refund the money, which is around $1000.00) if I plan to attend consular process. Please suggest the best option. Thanks
pt326bc
09-28 08:56 AM
Unless you have any status violation (out of status) and criminal history, If 140 is approved, and 6 months passed after 485 filing, and if you and your spouse has EAD, there is absolutly no necesscity to file H1 & H4 extension. It is a waste of money.
However, one has to careful in timly renewing EAD and watchful for FP notices every 15 months.
There are actually some benefits of H1/H4 extension.
For one EAD/AP are only for 1 year, so they need extension too every year (not cheap by the way).
Also for renewal of driver license it is better to have a 3 year approval rather than EAD/AP (more money every year and the hassle of going to DMV).
For physicians the state license in some state is linked to your visa status (like in Washingon state they will give you a license valid only till your H1 expiry). Again more money to be spent every time you renew it.
Not to mention you get a 3 year I 94 you could get by simply going to Canada/Mexico!
Of course there is is the benefit of maintaining an alternative status in case there is a problem with your I 485.
You could still use EAD to work but if there is a problem (and you still have a relationship with the H1 sponsering employer) you could simply exit the country (go to Canada/Mexico) and reenter using valid visa stamp and thus being back in H1/H4 status.
Again just my 2 cents; not a legal opinion.
Regards.
However, one has to careful in timly renewing EAD and watchful for FP notices every 15 months.
There are actually some benefits of H1/H4 extension.
For one EAD/AP are only for 1 year, so they need extension too every year (not cheap by the way).
Also for renewal of driver license it is better to have a 3 year approval rather than EAD/AP (more money every year and the hassle of going to DMV).
For physicians the state license in some state is linked to your visa status (like in Washingon state they will give you a license valid only till your H1 expiry). Again more money to be spent every time you renew it.
Not to mention you get a 3 year I 94 you could get by simply going to Canada/Mexico!
Of course there is is the benefit of maintaining an alternative status in case there is a problem with your I 485.
You could still use EAD to work but if there is a problem (and you still have a relationship with the H1 sponsering employer) you could simply exit the country (go to Canada/Mexico) and reenter using valid visa stamp and thus being back in H1/H4 status.
Again just my 2 cents; not a legal opinion.
Regards.
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