j0se
09-15 05:55 AM
david: that is the very one (i called it everything but 'ray of light')
thanks very much!!
i'll go and read and re-read!!
:)
thanks very much!!
i'll go and read and re-read!!
:)
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PHANI_TAVVALA
02-26 02:03 PM
There is no question like a dumb question. You definitely are dumb for questioning her.
Well you have opened up my eyes. If there is no dumb question then there cannot be dumber. But then you call me a dumber. I am confused........???? what do I do now???:D
Well you have opened up my eyes. If there is no dumb question then there cannot be dumber. But then you call me a dumber. I am confused........???? what do I do now???:D
ssksubash
11-12 03:10 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.
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.
2011 i love you baby boy. i love
godbless
05-31 07:46 PM
I'm surprised that with a November 2001 PD that you are getting an interview already, since EB-3 is still retrogressed--EB3 world is only at July 1 2001 for June 2006
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
more...
nkavjs
08-24 11:55 PM
Me 2
Recd. on 2nd July, NSC, 10.25am, signed by J barrett
no checks .. no news..
and I hate this.
Recd. on 2nd July, NSC, 10.25am, signed by J barrett
no checks .. no news..
and I hate this.
diptam
04-13 01:15 PM
Thanks all - I understand an independent status for my wife is the solution. But saying that and working that out in real life is the difference.
a) When peoples like me who are working here for 9+ yrs is having a hard time finding a new Job on H1 ( not just consulting employer a real employer) because major companies are scared of hiring a new H1 until the dust settles - It will be way difficult for my wife to create a new H1 position.
b) Regd. F1 it has to be a fulltime course and we have a 2 yr old Kid. Sending him to daycare , finding a Fulltime course for a new F1 and funding both operations by a single Job may be another challenge.
I was wondering if the respected lawyers here at IV could first show me some direction and i'll follow that.
a) When peoples like me who are working here for 9+ yrs is having a hard time finding a new Job on H1 ( not just consulting employer a real employer) because major companies are scared of hiring a new H1 until the dust settles - It will be way difficult for my wife to create a new H1 position.
b) Regd. F1 it has to be a fulltime course and we have a 2 yr old Kid. Sending him to daycare , finding a Fulltime course for a new F1 and funding both operations by a single Job may be another challenge.
I was wondering if the respected lawyers here at IV could first show me some direction and i'll follow that.
more...
seahawks
10-25 11:14 PM
bump, bump and bump
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boreal
08-24 12:29 AM
Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks.
Job requirement should not be tailored according to the qualifications of the individual. They should reflect the true nature of the job. Please dont ask such questions here and bring this forum to a disrepute.
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks.
Job requirement should not be tailored according to the qualifications of the individual. They should reflect the true nature of the job. Please dont ask such questions here and bring this forum to a disrepute.
more...
moonrah
07-23 11:32 AM
Yes that is correct.
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sailing_through
02-18 12:12 PM
My Indian employer offered me to coninue working from home from US. Is that legal to do when you are in the US on an H4 visa? Thanks..
more...
QuickGreenCard
02-18 11:32 PM
I have no AP. Well I have both H4 extension approval & H1 approval extension at this point. I will check with the attorney and post what she says. Thanks for all the replies.
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lelica32
07-30 07:15 PM
NSC: LUD 7/27/2008 I-140
EB3 Germany PD 4/30/2007, Reciept notice 8/20/2007
EB3 Germany PD 4/30/2007, Reciept notice 8/20/2007
more...
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dilbert_cal
04-25 12:04 AM
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
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immiindi09
01-12 05:38 PM
thank you "div_bell_2003". e-file and paper renewal, does it take the same
processing time?
processing time?
more...
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RNGC
02-05 08:38 PM
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
Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?
Thanks.
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
Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?
Thanks.
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ivuser9
04-09 04:05 PM
I think we can be on one visa at any given point of time. either use EAD or H1B.. gurus please clarify
:confused:
:confused:
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waitin_toolong
11-19 09:36 AM
as long as the I-797 is current the expired stamp does not matter but do send a copy of it.
You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.
But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.
As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.
For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.
You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.
But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.
As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.
For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.
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maverick_s39
01-13 06:05 PM
hi sathweb
Here is a link i found on immigration.com
http://www.immigration.com/newsletter1/submemoins.html
The last section "C. Disposition of Substitution Requests" says
"
If the service center determines that the substituted alien meets
the minimum requirements set forth in the initial labor
certification application as of the date that it was filed with the
state employment office and the I-140 petition is otherwise
approvable, the I-140 petition shall be approved and processed like
any other I-140 petition. The priority date shall be the date
which the original labor certification application was filed with
any office within the employment service system of the DOL. See 8
CFR 204.5(d).
"
This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.
Here is a link i found on immigration.com
http://www.immigration.com/newsletter1/submemoins.html
The last section "C. Disposition of Substitution Requests" says
"
If the service center determines that the substituted alien meets
the minimum requirements set forth in the initial labor
certification application as of the date that it was filed with the
state employment office and the I-140 petition is otherwise
approvable, the I-140 petition shall be approved and processed like
any other I-140 petition. The priority date shall be the date
which the original labor certification application was filed with
any office within the employment service system of the DOL. See 8
CFR 204.5(d).
"
This article was dated 07 Mar 1996, I am not sure if the guidelines have since changed.
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immique
03-30 12:27 AM
please update us on when you get your visa and please post your entire experience as it would help others. you should have applied for AP while you are in US. Now that you are outside and do not have AP, the only options I see are you just wait on the visa from US consulate in Canada or alternatively, you can request your passport back telling them that you would like to apply for visa in India as you cannot stay in Canada for an extended period of time.
anu_t
06-20 02:20 PM
:( :( unfortunatelly I don't have 140 copy. :( It seems I can't do anything in this case.
bekugc
04-02 11:22 AM
hi dhundhun,
this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.
in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.
Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.
this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.
in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.
Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.
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