Maverick1
08-13 11:23 AM
According to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.
Only OCI visa holders can work without employment visa.
You may want confirm the details on the Embassy website as they keep changing rules from time to time.
No visa needed for employment. The difference being, you need to report if you stay more than 180 days. The OCIs don't need to report.
Quote from cgny website :
"No requirement of a Student Visa for undertaking studies in India and Employment visa for taking up employment in India. However, PIO cardholders would be required to fulfill other pre-requisite conditions and formalities in connection with their studies/employment as prescribed by concerned authorities from time to time. "
http://indiacgny.org/php/showContent.php?linkid=181&partid=102&sub=sub7
Only OCI visa holders can work without employment visa.
You may want confirm the details on the Embassy website as they keep changing rules from time to time.
No visa needed for employment. The difference being, you need to report if you stay more than 180 days. The OCIs don't need to report.
Quote from cgny website :
"No requirement of a Student Visa for undertaking studies in India and Employment visa for taking up employment in India. However, PIO cardholders would be required to fulfill other pre-requisite conditions and formalities in connection with their studies/employment as prescribed by concerned authorities from time to time. "
http://indiacgny.org/php/showContent.php?linkid=181&partid=102&sub=sub7
wallpaper That studio is Pixar!
nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
reverendflash
10-28 10:04 PM
I know how you feel...
I just had a $5k client "crawfish" on me...
It wasn't totally his fault, he went out of business... :*(
I didn't do a lot up front, just becuase I was concerned about getting paid... I still lost money... :*(
Oh well, back to the streets to drum up more clients...
::holds up a sign that says "will make web site for food" ::
Rev:elderly:
I just had a $5k client "crawfish" on me...
It wasn't totally his fault, he went out of business... :*(
I didn't do a lot up front, just becuase I was concerned about getting paid... I still lost money... :*(
Oh well, back to the streets to drum up more clients...
::holds up a sign that says "will make web site for food" ::
Rev:elderly:
2011 Disney Pixar
harsh
05-31 09:37 AM
The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
more...
anzerraja
07-20 03:16 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
looivy
02-26 04:04 PM
Can a legal expert provide advice as to whether I can use EAD/AP to get in?
more...
rajsand
10-04 09:58 AM
I havent go the receipts yet, but wondering how long (approx) should it take for AP travel document to come so we can travel out of the country.>
NSC is pretty bad so would like to get some statistics.
Thankyou IV and all members
NSC is pretty bad so would like to get some statistics.
Thankyou IV and all members
2010 Disney-Pixar Characters
coolest_me
05-07 01:19 AM
I already received the RFE , This is what it says :
"On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination. all records are to be confirmed with documentation. The applicant cannot assert immunization without documentation and the physician subsequently document the lack of documentation requesting a waiver of immunization requirements. some immunization can be waived with just cause. A lack of documentation does not meet waiver requirement"
In I693 supplement form Doctor put Check on "Fully immune" column for Td, MMR and Varicella and also put the dates on when I received the vaccinations.
is there any other vaccination that is required ?
My wife also get the similar RFE , a little different language though
"On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination."
"On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination. all records are to be confirmed with documentation. The applicant cannot assert immunization without documentation and the physician subsequently document the lack of documentation requesting a waiver of immunization requirements. some immunization can be waived with just cause. A lack of documentation does not meet waiver requirement"
In I693 supplement form Doctor put Check on "Fully immune" column for Td, MMR and Varicella and also put the dates on when I received the vaccinations.
is there any other vaccination that is required ?
My wife also get the similar RFE , a little different language though
"On the supplement form to I-693, Adjustment of status applicant's documentation of Immunization you provided, the civil surgeon indicated that you have not obtained the required vaccination. As such, you are ineligible for adjustment of status until you present documentation showing you have received all required vaccination."
more...
morchu
05-11 08:07 AM
Please check the new fees from the EAD instructions. I see that it is 340.
The QA just means that you have to keep on paying for EAD.
Thanks Morchu.
I will go ahead and will apply EAD with $180/ as filing fee.
The QA just means that you have to keep on paying for EAD.
Thanks Morchu.
I will go ahead and will apply EAD with $180/ as filing fee.
hair Monsters, Inc. - Disney Wiki
sabbygirl99
03-28 05:39 PM
hey seattle, I have not heard of part time worker + FT student on H1 either....as far as getting 140 from F1...I just don't see how that is possible? 140+ 485 ia all employment based....if they see that you no longer have a job...then wouldn't that immediately disqualify you? Anyways - I'm pretty sure that I do not want to switch to F1....even if I were willing to give up my place in the longest darn line in the world, I need money coming in while I am at school!!
more...
gconmymind
04-07 03:54 PM
Does it in any way affect my Naturalization Application?
There is another thread on this. Please search. It seems there is a USCIS address in Kentucky where you need to send it.
There is another thread on this. Please search. It seems there is a USCIS address in Kentucky where you need to send it.
hot Coheteboy loves his Disney.
milind70
07-26 01:04 PM
I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
It depends
have u applied urself or thru a lawyer??
If you have applied yourself and have not filled out the G 28 form then you will get the recipt notice and the FP notice .In that case i would delay the change of reisdence. After getting these I would change and fill our AR 11 form to notify USCIS regarding the change of address.
If lawyer has applied for your behalf, it is most likely he will get the 485 recipt notice and FP notice ,but in any case please talk to your lawyer .
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
It depends
have u applied urself or thru a lawyer??
If you have applied yourself and have not filled out the G 28 form then you will get the recipt notice and the FP notice .In that case i would delay the change of reisdence. After getting these I would change and fill our AR 11 form to notify USCIS regarding the change of address.
If lawyer has applied for your behalf, it is most likely he will get the 485 recipt notice and FP notice ,but in any case please talk to your lawyer .
more...
house disney pixar characters.
j-square
07-04 10:50 PM
"__________________
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
Not April VB. To file in May, PD should be current as per May VB (which came out in mid April). On May VB, EB3 ROW was 01AUG03. This case's PD is July 11 2003, so went through.
EB3 Worldwide
PD 07/11/03
I-140 RD 02/27/06 AD 03/22/06
I-485 RD 05/07/07 filed at TSC
FP 06/02/07 (Code 3) - sent to USCIS same day
LUD 06/05/07
"
For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.
EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?
Not April VB. To file in May, PD should be current as per May VB (which came out in mid April). On May VB, EB3 ROW was 01AUG03. This case's PD is July 11 2003, so went through.
tattoo Disney/Pixar characters in
bearstory
02-25 07:08 PM
Hello,
I came here as F1 visa but I'm out of stutus now. Here is some background:
I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.
I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
Any advice would be appreciate! Thank you so much for your time!
I came here as F1 visa but I'm out of stutus now. Here is some background:
I came here in september 2006 as F1 visa. I took 2 english quaters at the university then tranfer to another school in april 2007 ( Let calls them MSU). MSU gave me I 20 and it expried on March 2010. But due to financial problem, I did not register class at MSU after april 2007 so I was out of status. After that, I started register class at MSU in september 2008 and stoped in april 2009. I did not register any class after april 2009. I talked to my advicesor and she said, since I have been in school on and off so no matter that i went back to school some, I still out of stutus.
I have been my boyfriend for almost 3 years now and we want to get married ( He is an US citizen). I really dont know if i will get trouble because of my stutus or where to start? like what files do we have to fill, etc....
Any advice would be appreciate! Thank you so much for your time!
more...
pictures Disney Pixar Characters
NIW
08-30 05:33 PM
We all sincerely appreciate your support & generosity. Keep us updating on immigration news.
Thanks
Srikanth
P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.
Thanks
Srikanth
P.S: I can't donate for IV at this time as I have promised $350/month to a charity org. But I surely will in future.
dresses About The Disney Pixar Toy
krishmunn
05-25 10:49 AM
I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.
Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?
everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?
I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.
Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !
Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?
everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?
I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.
Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !
more...
makeup Disney Pixar Carl amp; Russel
rvr_jcop
02-17 09:46 PM
You did your GC for future employement and never worked for them. Now you want to use AC21. Do you think this as a fraud. You will get into trouble sooner or later.
I agree with snathan.
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
I agree with snathan.
This is really a grey area., and totally depends on the adjudication officer. All they look for is the intention to work for that employer at the timing of I-140. That is hard to prove if you never worked for them. And thats easier for the officer to prove you never had any intentions of working for that employer. So who has better advantage here? Not the beneficiary for sure...
girlfriend But also Pixar characters!
harshailan
07-31 05:05 PM
If your H1 visa is rejected in canada, they will cancel the existing visa saying you are not eligible. You cannot come back to US again. You need to go to Chennai again for stamping.
Last month i went to mexico for my stamping and didnot have any issues. I was only asked to show I 797 document and my passport. You will not have any problems if you have a approved I797 with future validity (like valid till Sep 30, 2010).
Hope this helps.
Why don't you travel to mexico. its simple and cheap than canada (if flying to canada)
Last month i went to mexico for my stamping and didnot have any issues. I was only asked to show I 797 document and my passport. You will not have any problems if you have a approved I797 with future validity (like valid till Sep 30, 2010).
Hope this helps.
Why don't you travel to mexico. its simple and cheap than canada (if flying to canada)
hairstyles (AP Photo/Disney Pixar)
hmehta
07-13 07:52 PM
All,
My Attorney emailed today that in order to potentially benefit from the AILF lawsuit for the July VB fiasco, they will go ahead and file my I-485 next week. Now, I am not sure if this is a good thing to do. Anybody with such a situation? Any experts, please advise.
My Attorney emailed today that in order to potentially benefit from the AILF lawsuit for the July VB fiasco, they will go ahead and file my I-485 next week. Now, I am not sure if this is a good thing to do. Anybody with such a situation? Any experts, please advise.
sury
10-29 06:20 AM
I haven't applied yet. I don't know if I can apply for kid or not.
pappu
05-20 10:54 AM
It is surprising why your case is among the unfortunate ones in such background checks. There was a memo few years ago after IV's efforts that eliminated FBI name checks. Read http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61
I am also unable to understand why you are getting conflicting information from congressional inquiries.
If you think there might be a lot of people stuck in namecheck issue these days, please collect everyone on this thread to see how widespread this problem is. You can ask on IV and other websites and have them assemble here. The numbers will help us understand the extent of the problem. I personally do not think there are any such namecheck problems beyond the 6 month period as stated in the 2008 memo. Have not seen anyone reporting on IV except your thread. Some effort may be needed by you to explore the extent of the problem. In terms of resolving it, looks like you are doing what people do to get status.
I am also unable to understand why you are getting conflicting information from congressional inquiries.
If you think there might be a lot of people stuck in namecheck issue these days, please collect everyone on this thread to see how widespread this problem is. You can ask on IV and other websites and have them assemble here. The numbers will help us understand the extent of the problem. I personally do not think there are any such namecheck problems beyond the 6 month period as stated in the 2008 memo. Have not seen anyone reporting on IV except your thread. Some effort may be needed by you to explore the extent of the problem. In terms of resolving it, looks like you are doing what people do to get status.
No comments:
Post a Comment