i99
08-30 05:29 PM
As of today 8/30 nothing!
I140/I485/EAD/AP - delivered on 02JUL07 sometime around 7AM at NSC signed by R Williams.
Any ideas if it is rejected :(. :confused:
Would you give me the phone number for last name search in the USCIS system? Thanks,
I140/I485/EAD/AP - delivered on 02JUL07 sometime around 7AM at NSC signed by R Williams.
Any ideas if it is rejected :(. :confused:
Would you give me the phone number for last name search in the USCIS system? Thanks,
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thomachan72
05-31 07:11 AM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
Right now it would not be wise to make a shift and reapply for LC and stuff with the new comp. Well if getting a GC is not your primary concern then there shouldn't be any problem. Ideally I would wait until atleast august sept to make a decision. thats when we expect the final version of the new bill/law to be clear.
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
Right now it would not be wise to make a shift and reapply for LC and stuff with the new comp. Well if getting a GC is not your primary concern then there shouldn't be any problem. Ideally I would wait until atleast august sept to make a decision. thats when we expect the final version of the new bill/law to be clear.
visves
12-20 12:03 PM
I believe the AP needs to be approved before the person leaves the country for it to be used while coming back. This needs to be clarified though.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.
Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.
GG_007
PS: Not a lawyer, just my personal opinion.
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wandmaker
12-18 11:19 PM
amits: Swamy is correct, all documents that are required for H1B stamping, plus a copy of your 485 receipt notices. Just in case, VO asks you for the proof of AOS, which is very unlikely.
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hoolahoous
03-05 07:25 PM
usually employment based insurance cover pre-existing condition
njboy
02-23 10:16 AM
if you have an h1 approval till a later date than the I-94 was given for,( because of passport expiring), then making a long trip to Canada was an exercise in futility. All you had to do was go to your closest international airport and talk to a Customs and Border Protection Agent. He will gladly give you a new I-94 which will have a validity date till the date on your H1-B petition.
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nepaliboy
05-21 10:08 PM
hi thanks your input.
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
LUD = LastSoft LUD = status did not change due to updat
Hard LUD = status changed, if registered, email will be sent.
Registration process:
1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
2. Add cases to your portfolio, in list display it will have the following columns
....Receipt Number
....E-mail
....Last Updated (by USCIS)
....Form #
....Title
The Last Updated above is LUD.
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
LUD = LastSoft LUD = status did not change due to updat
Hard LUD = status changed, if registered, email will be sent.
Registration process:
1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
2. Add cases to your portfolio, in list display it will have the following columns
....Receipt Number
....Last Updated (by USCIS)
....Form #
....Title
The Last Updated above is LUD.
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raysaikat
08-22 02:48 AM
Thanks for your suggestions - minimalist,prem_goel,gconmymind.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
If she attends for the visa stamping in India,
1) When can she go to consulate - before October 1 or after October 1.
Anytime. In particular, she can go to the consulate before Oct 1. Usually the consulate gives a visa stamp with validity date no earlier than 15 days from the start of the H1-B status (Oct 1 in this case). Since she will return after Oct 1, there will be no problem.
2) Does she needs to carry the H1 documents as new H1 candidate or it is a different list. ( She is in here for almost 1.5 yrs on h4, she will not have paystubs. ) . if different can you pls provide me the link where i can find the same(H4 to H1 visa interview).
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
3) While leaving the country which I-94 she need to give it back(the one with new h1 petition / the I94 which she received she came in as H4)
Her I-94 for the current status (i.e., the one she got when she entered as H4). The new I-94's validity date should be Oct 1; i.e., it is not in effect. However, when she reenters, she will get a new I-94 reflecting her new status. So the I-94 that is attached with the I-797 form will never be used.
4) Can they ask for more details like client letter,etc - chennai
Yes. The consulate will of course treat her like any other H1-B visa applicant. The consulate should ensure that the employment is legitimate and she has the right skills claimed in the LCA.
If she plans to come back on H4
1) Will she have any issues at port of entry. Can they ask why she is coming on H4 if she has H1.
Thanks in advance.
Not sure I understand the question. If she chooses to come back as H4, then POE officers should not ask anything about H1-B as such. But perhaps she should keep all documentations just in case.
more...
mallu
09-26 10:03 PM
Thanks. But GC still sucks because of the long process. Good Luck to everyone.
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
Congrats. So you are an old timer, with PD 2002. (Being from ROW) you luckily escaped the name check torture.
I am also a relatively old timer ( PD Nov. 2002 ). Unfortunately stuck in namecheck since Aug.2006. My fellow Indians say , i can just sit like this for another 2 - 3 years in name check :-(
PD - 04/2002
EB3 - ROW
I-485 RD - 03/2007
I-485 AD - 09/2007
Congrats. So you are an old timer, with PD 2002. (Being from ROW) you luckily escaped the name check torture.
I am also a relatively old timer ( PD Nov. 2002 ). Unfortunately stuck in namecheck since Aug.2006. My fellow Indians say , i can just sit like this for another 2 - 3 years in name check :-(
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cris
01-09 07:33 AM
I wish both of them good luck to get visa stamp. it will be tough taking into consideration there is indian invasion in US. there are a lot of indians here in US on legal status,but a considerable precentage of indians coming here on visitor visa and stay illegally after I94 expired and trying to convert "visitor" visa to something else.
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tdasara
06-12 07:06 PM
Investing in a company -> Yes (shareholder)
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
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painful_GC
05-05 01:32 PM
Hi ..Many thanks for the response..i am planning to apply for COS to L2 as my H1 is still pending for a while..could you please confirm me the requirements/documents need to be attached..
1) My H1 reciept copy
2) L1 B of primary reciept/approval notice
3) Employment letter from primary..
could you please shed some light on this ??
1) My H1 reciept copy
2) L1 B of primary reciept/approval notice
3) Employment letter from primary..
could you please shed some light on this ??
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finimits
05-02 11:38 AM
Hello Everyone!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
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yagw
03-16 11:49 AM
I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
Also they might ask for copies of your tax returns...
DISCLAIMER: I am not an Attorney and this is not a legal advice
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
Also they might ask for copies of your tax returns...
DISCLAIMER: I am not an Attorney and this is not a legal advice
more...
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indyanguy
01-28 05:27 PM
Check out Greg Siskind's blog. He has been posting information about successful immigrants on a daily basis for the last year or so..
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axp817
03-28 01:46 PM
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.
An easy way to figure this out is as follows
1. You have to file state tax returns in the state of your residence.
2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.
3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).
In many cases the state of residence, employment, etc. are all the same, in some cases they are not.
One of the exceptions is states which don't have state income tax, e.g. Texas.
Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.
e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.
That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.
OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.
Good luck,
more...
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nareshg
12-16 06:17 PM
They might be sending second FP notice every 15mnths of first/consecutive FP's done once it expires in their system..wait for that notice and dont worry about it now..
Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...
Will try to ask my question again...
I am not worried about when my FP expires and things on those lines....
my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...
Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following
Biometrics Processing Stamp
ASC Side Code: __________XTE<location>
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Thanks Gurus !!
Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...
Will try to ask my question again...
I am not worried about when my FP expires and things on those lines....
my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...
Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following
Biometrics Processing Stamp
ASC Side Code: __________XTE<location>
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Thanks Gurus !!
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tnite
09-12 01:35 PM
I did tell the first CS that it was more than 90 days and to the second I/O ,I mentioned that it was July 2nd.She asked me whether the checks were cashed and I said no. Then she asked for my full name , dob and ssn and gave me the receipts info. I/O was very patient and verified my address to make sure everything was right.
The receipts start with LIN (Nebraska)
The receipts start with LIN (Nebraska)
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looivy
10-01 10:47 AM
Do they do a name check for EAD as well?
My EAD renewal (submitted electronically) has been pending for almost 80 days now. COuld this delay be due to name check or FP process?
My EAD renewal (submitted electronically) has been pending for almost 80 days now. COuld this delay be due to name check or FP process?
gcgonewild
08-15 02:16 PM
Unless:
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
GCwaitforever
10-20 04:17 PM
Hi Blue,
My advice is go for premium I-140 and file for I-485+EAD+AP. Advantages:
1. Spouse will have EAD.
2. Spouse would not need H4 renewal, which is savings to you (EAD/AP renewal is another matter).
3. After six months, you can use AC21 provisions. Your I-140 is safe.
4. Uncertainity of layoffs is gone and it brings piece of mind after six months.
5. You will be starting the FBI name check along with I-485 filing. By advancing your I-485 with premium I-140 filing, you will be cutting down the time it takes to get GC.
6. You/spouse can go for multiple jobs.
My advice is go for premium I-140 and file for I-485+EAD+AP. Advantages:
1. Spouse will have EAD.
2. Spouse would not need H4 renewal, which is savings to you (EAD/AP renewal is another matter).
3. After six months, you can use AC21 provisions. Your I-140 is safe.
4. Uncertainity of layoffs is gone and it brings piece of mind after six months.
5. You will be starting the FBI name check along with I-485 filing. By advancing your I-485 with premium I-140 filing, you will be cutting down the time it takes to get GC.
6. You/spouse can go for multiple jobs.
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