delhiguy
07-02 03:13 PM
[QUOTE=vinabath]I paid for a 2007 labor for 15k. Now I am screwed.[/QUOTE
One of my friend was gonna do the same(buying a labor is illegal) , I stopped him , He called me and thanked me...
Never break rules , Never trust desi consultants...
One of my friend was gonna do the same(buying a labor is illegal) , I stopped him , He called me and thanked me...
Never break rules , Never trust desi consultants...
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chanukya
02-20 10:50 PM
Yes it is positive --At-least senators are sticking to their timetable of CIR by March and April.
I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.
Is this something positive, that can give us some hope? There hasn't been any good news for a long time.
I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.
Is this something positive, that can give us some hope? There hasn't been any good news for a long time.
simple1
10-26 05:59 PM
I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
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up_guy
08-27 12:26 PM
I am using AC21 and moving on
My new company had filed H-1 B transfer, but it came back from USCIS because some document were missing, now they have refilled it using premium processing and we have received the receipt notice too.
Even though we have filed H-1 B transfer filed, my lawyer and company insisting me to join them on EAD, because they say it H-1B got rejected so EAD is a better option
As per my lawyer once H-1 B is approved you can work on EAD or H-1 B it does not matter, I don�t have to file my change of status. both of my status will remain valid and I can travel on h-1 B and can change jobs on H-1 B
If I follow my lawyer, will I lose something ?
Had anyone had experience like this before..
I need second opinion from guru who have actual experince..
thanks for your inputs
My new company had filed H-1 B transfer, but it came back from USCIS because some document were missing, now they have refilled it using premium processing and we have received the receipt notice too.
Even though we have filed H-1 B transfer filed, my lawyer and company insisting me to join them on EAD, because they say it H-1B got rejected so EAD is a better option
As per my lawyer once H-1 B is approved you can work on EAD or H-1 B it does not matter, I don�t have to file my change of status. both of my status will remain valid and I can travel on h-1 B and can change jobs on H-1 B
If I follow my lawyer, will I lose something ?
Had anyone had experience like this before..
I need second opinion from guru who have actual experince..
thanks for your inputs
more...
sparuthi
08-10 04:34 PM
PD March 2006
RD July 26. 2007
ND August 27. 2007
RD July 26. 2007
ND August 27. 2007
ashkam
02-25 11:04 AM
Well, you don't really have a choice now, do you? If she stays on in the US, she will extend her invalid status period. She cannot apply for a COS to H4 in the US because she doesn't have paystubs. Her only option is to go to India and get an H4 stamped and pronto. As to denial, it's all in the visa officer's hands.
more...
go_guy123
07-30 02:10 PM
This memo is under litigation....lets see the outcome and where the memo stands.
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Jaime
08-01 10:30 AM
KXAN reporter Matt Flener requested the following:
I�m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they�ll do it for really cheap, yet screw everything up. Do you know what I�m talking about?
Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.
Sincerely,
Matt Flener
Reporter
KXAN Austin News
Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.
"A fair chance" - what a key phrase! A fair chance would be awesome, that is all we are asking for, yet we aren't getting it! I'm glad the media has some interest in this!
I�m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they�ll do it for really cheap, yet screw everything up. Do you know what I�m talking about?
Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.
Sincerely,
Matt Flener
Reporter
KXAN Austin News
Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.
"A fair chance" - what a key phrase! A fair chance would be awesome, that is all we are asking for, yet we aren't getting it! I'm glad the media has some interest in this!
more...
agc2005
11-14 01:07 PM
Thanks for your prompt response.
- still I feel that only because I received just now after 8 years this A#, seems to me that only at this time I'm registered as an immigrant?
That is what alien number means in English ? Sorry.
Vali:
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
- still I feel that only because I received just now after 8 years this A#, seems to me that only at this time I'm registered as an immigrant?
That is what alien number means in English ? Sorry.
Vali:
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
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Blog Feeds
04-22 08:40 AM
Another sign we're about to get in to a serious debate over immigration reform. From Roll Call: According to Senate Democratic aides, Senate Majority Leader Harry Reid (D-Nev.) and Speaker Nancy Pelosi (D-Calif.) agreed during a Tuesday afternoon meeting that a �moral imperative� exists to move immigration reform in 2010. The decision to press ahead on such a controversial issue now � in an election year � comes even though Democrats have had little success attracting GOP support for their initiatives in the 111th Congress.
More... (http://blogs.ilw.com/gregsiskind/2010/04/pelosi-tells-reid-immigration-can-move-ahead-of-climate-bill.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/pelosi-tells-reid-immigration-can-move-ahead-of-climate-bill.html)
more...
SertTurk
07-19 09:39 AM
Did not recieve any cards,what is that?
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delhikadesi
05-01 01:38 PM
Don't tell the world that you r a linebreaker
more...
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kevinkris
05-07 09:34 PM
Now they want to visit client place for the H1b people.
There are only 415,000 H1-b holders in USA.
And number of employed labor in USA are 144 million. (as per DOL)
And we form 0.28% of the workforce in the entire USA.
Why the hell they are whining about 0.28% ??
Can anybody tell me if i am wrong with numbers here?
---------------------------------------------------------
05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits
Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
---------------------------------------------------------
---------------------------------------------------------
Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
2008: 409,619
2007: 461,730
2006: 431,853
2005: 407,418
2004: 386,821
Reach of H-1B Cap in Recent Fiscal Years
2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
2009: 1 day
2008: 2 days
2007: 56 days
2006: 132 days
2005: 184 days
2004: 323 days
The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?
---------------------------------------------------------
There are only 415,000 H1-b holders in USA.
And number of employed labor in USA are 144 million. (as per DOL)
And we form 0.28% of the workforce in the entire USA.
Why the hell they are whining about 0.28% ??
Can anybody tell me if i am wrong with numbers here?
---------------------------------------------------------
05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits
Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
---------------------------------------------------------
---------------------------------------------------------
Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
2008: 409,619
2007: 461,730
2006: 431,853
2005: 407,418
2004: 386,821
Reach of H-1B Cap in Recent Fiscal Years
2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
2009: 1 day
2008: 2 days
2007: 56 days
2006: 132 days
2005: 184 days
2004: 323 days
The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?
---------------------------------------------------------
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amsaleem
11-07 07:42 PM
Your current employer experience has to be prior to your labor filing date (PD). You can not use the experience you got after the filing date.
more...
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piyu7444
04-10 03:34 PM
The option you suggested is best I know but what if I can not do so. (Option of going to canada and then taking up new job on EAD)
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
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nlssubbu
12-18 04:43 PM
I was reading the AC21 memo just few minutes ago. Yes, an Approved I-140 can be reversed and denied on this case:
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.
An approved I-140 was withdrawn after 180 days and the beneficiary did not send an AC21 letter to USCIS. USCIS will send NOID and if not responded to timely, I-140 will be reversed and denied. If NOID was responded to timely with new qualifying offer of employment, then USCIS will review if similar or same occupation, if not then case will be reversed and denied.
Therefore, yes, an approved I-140 can be reversed and denied.
Another thing is that if USCIS discovered fraud on one case against the employer and reviews all approved I-140 petition of that employer, USCIS may reverse the decision and issue denial.
Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.
more...
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hinvin66
05-05 04:44 PM
Rental income, stock dividends and interest are allowed under passive income. Passive income is allowed for H1-B (I had/have a rental property in a different state in the US, while I was still on H1B. It's a different matter that I am an EAD now...)
Please check if selling intellectual property (i.e., "Apps") on a website is a classified as a passive or an active income. I am strongly inclined to believe that it is a passive income as you are NOT doing the work of selling stuff (for example, if you sold stuff on eBay, that is passive income). Please check with an immigration attorney AND a CPA about the classification of active vs. passive incomes as it relates to web based businesses.
If it's confirmed to be passive - go ahead and make money.
Please check if selling intellectual property (i.e., "Apps") on a website is a classified as a passive or an active income. I am strongly inclined to believe that it is a passive income as you are NOT doing the work of selling stuff (for example, if you sold stuff on eBay, that is passive income). Please check with an immigration attorney AND a CPA about the classification of active vs. passive incomes as it relates to web based businesses.
If it's confirmed to be passive - go ahead and make money.
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boom
06-13 09:06 AM
Kumarr,
I had the same situation for my daughter who turned 14.They requested for biometric fee $80.00.It should be simple and OK.just pay the the amount and you should be fine.After that you may get a FP notice.
Once we sent the bimetric fee,proceesing resumed and everything was fine.
I had the same situation for my daughter who turned 14.They requested for biometric fee $80.00.It should be simple and OK.just pay the the amount and you should be fine.After that you may get a FP notice.
Once we sent the bimetric fee,proceesing resumed and everything was fine.
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GotGC??
09-06 04:37 PM
UK and other countries in Europe must be smoking pot to think that they tap into the pool of skilled migrant workers returning from US. These people are returning back to their home countries primarily due to the recent advancements in their own countries, and to some extent due to the GC & visa mess in US.
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
Not only India, also Britain and many more want to benefit from the high-skilled workers that the U.S. is already kicking out so they can let in more illegal Salvadoran maids:
"UK Plan to boost immigration from India"
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
Not only India, also Britain and many more want to benefit from the high-skilled workers that the U.S. is already kicking out so they can let in more illegal Salvadoran maids:
"UK Plan to boost immigration from India"
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India
GotGoose?
04-10 07:44 PM
Added yet another (see top) - this is fun. :p:
smsthss
11-12 09:59 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
