Alien
07-09 10:07 AM
Maybe people should also post messages in Mandarin,Tamil,Telugu,Swahili taken from famous songs. That way the forums will be truly diverse.
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Munna Bhai
02-11 07:41 PM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
This is very grey area but technically you are out-of-status if I-140 is revoked but USCIS is taking too long for revoking the cases.Hence see to it that your new company goes with GC processing soon and get your I-140 approved.
Here is your situation, H1b is only for 6 years so if you are getting an extension after 6 years then there should be some proof(labor pending or I-140 approved) so if this proof goes off due to I-140 being revoked, USCIS has every reason to say that you are out-of-status but because of your H1 extension you have an I-94 which says that you are in-status. So one can fight on the basis of I-94.
Hope this helps.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
This is very grey area but technically you are out-of-status if I-140 is revoked but USCIS is taking too long for revoking the cases.Hence see to it that your new company goes with GC processing soon and get your I-140 approved.
Here is your situation, H1b is only for 6 years so if you are getting an extension after 6 years then there should be some proof(labor pending or I-140 approved) so if this proof goes off due to I-140 being revoked, USCIS has every reason to say that you are out-of-status but because of your H1 extension you have an I-94 which says that you are in-status. So one can fight on the basis of I-94.
Hope this helps.
Student with no hopes
11-22 10:12 AM
There was talk of wasted visas in another thread - does the data in this thread to confirm or reject the visa wastage?
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krishnam70
03-05 12:00 PM
There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
This might be an Attorney question
1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.
On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.
- cheers
kris
1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
2. Any other situation or scenario that i should be aware of?
3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
4. How long can i stay outside US on a H1b visa?
Thanks a lot.
This might be an Attorney question
1. H1B petition is filed on a premise that a person with your 'unique' skillset is not available in local market and so they are sponsoring you
2. If you are going to be away from your place of work for such a long time, its the responsibility of the company to prove that you are indeed really required here and your assignment in your home country is really needed to get the work you are doing here moving etc etc.
3. I guess for you to be able to claim as an H1B you should basically work x number of hours a week/month/year on H1 here. Not sure how your going to home country and working there would qualify here
4. Your company might need to run your payroll here. Now as far as physical presence in this country you need to speak to your HR/Attorney on what the requirements are ( for other cases it is 181 days of continuous stay). Check with them what it needs to be for an H1.
On the whole this is a purely a LEGAL question and I am not sure if any of the advise you get here is guaranteed to work or be legal.
- cheers
kris
more...
leo4ever
02-16 10:33 AM
Why waste time of such hypothetical issues when we can put this effort in something prodcutive. "Divide and Rule" never works.
Always "united we Stand" - hum hai Hindustani.
-Leo
Always "united we Stand" - hum hai Hindustani.
-Leo
snthampi
04-08 11:50 AM
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
Agree. Definitely sounds fishy. Remember, there are a lot of consulting companies and lawyers are there in this forum pretending to be regular members and pushing their own agenda. I may be wrong in this case.
Agree. Definitely sounds fishy. Remember, there are a lot of consulting companies and lawyers are there in this forum pretending to be regular members and pushing their own agenda. I may be wrong in this case.
more...
mycosmos
04-27 01:15 PM
As per the current company's attorney: I could work for any employer based on EAD (even I-140 is pending)
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forgerator
05-06 08:25 PM
I would be interested in knowing as well.
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andy garcia
09-17 12:45 PM
based on the sign ups for the rally, we now see a lot of people brining 2 to 3 kids
The little heroes polulation is expanding - A BIG WELCOME TO ALL THESE LITTLE HEROES
AND THE SO CALLED HIGHLY SKILLED MEN WHO DO NOT WANT TO DO THE RALLY DUE TO LAZINESS OR SELFISHNESS OR EGO OR PRIDE OR COWARDICE OR FEAR OR SOCAL INHIBITION OR WHATEVER
LEARN FROM THESE KIDS AND TODDLERS - THESE SMALL KIDS ARE PROVING TO BE REAL HEROES
KIDS LEARN THAT THE CURRENT WORLD IS HOPELESS AND THEY DECIDE TO STAND UP FOR THEMSELVES - THEY WANT TO PROTECT THIS WORLD FOR THEIR GENERATION AND THEIR FUTURE GENERATION FROM THE SELFISH EGOISTIC COWARDS WHO DONT WANT TO MAKE THIS WORLD A BETTER PLACE FOR THEIR FUTURE GENERATIONS
ATLEAST NOW - LEARN FROM THESE CHILDREN
EVERYONE CAN MAKE IT TO DC AND HONOR THESE KIDS
YES, EVERYONE TO DC
EVERYONE TO DC
That is pretty smart. In this country, if you leave those 2-3 year olds by themselves you end up in jail.
The little heroes polulation is expanding - A BIG WELCOME TO ALL THESE LITTLE HEROES
AND THE SO CALLED HIGHLY SKILLED MEN WHO DO NOT WANT TO DO THE RALLY DUE TO LAZINESS OR SELFISHNESS OR EGO OR PRIDE OR COWARDICE OR FEAR OR SOCAL INHIBITION OR WHATEVER
LEARN FROM THESE KIDS AND TODDLERS - THESE SMALL KIDS ARE PROVING TO BE REAL HEROES
KIDS LEARN THAT THE CURRENT WORLD IS HOPELESS AND THEY DECIDE TO STAND UP FOR THEMSELVES - THEY WANT TO PROTECT THIS WORLD FOR THEIR GENERATION AND THEIR FUTURE GENERATION FROM THE SELFISH EGOISTIC COWARDS WHO DONT WANT TO MAKE THIS WORLD A BETTER PLACE FOR THEIR FUTURE GENERATIONS
ATLEAST NOW - LEARN FROM THESE CHILDREN
EVERYONE CAN MAKE IT TO DC AND HONOR THESE KIDS
YES, EVERYONE TO DC
EVERYONE TO DC
That is pretty smart. In this country, if you leave those 2-3 year olds by themselves you end up in jail.
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gauravsh
05-04 10:07 AM
Hi,
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
more...
mdy_tvr
08-17 04:49 AM
Guys,
The doc I went to for the medical exam gave me Chicken Pox and MMR Vaccine. But for Tetanus, as I took one in 1999 , the doc said since its valid for 10 years I don't need one. He went by my word and filled the vaccine supplemant form accordingly.
My doubt is I did not have any wrriten records to show that I took this vaccine in 1999.
Does USCIS requires the civil surgeon to provide the vaccination record document along with 693 & vaccination supplement form? or does it just go by what the civil surgeon mentions in the supplemental form?
Thanks
The doc I went to for the medical exam gave me Chicken Pox and MMR Vaccine. But for Tetanus, as I took one in 1999 , the doc said since its valid for 10 years I don't need one. He went by my word and filled the vaccine supplemant form accordingly.
My doubt is I did not have any wrriten records to show that I took this vaccine in 1999.
Does USCIS requires the civil surgeon to provide the vaccination record document along with 693 & vaccination supplement form? or does it just go by what the civil surgeon mentions in the supplemental form?
Thanks
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gc_chahiye
07-12 11:22 PM
5. All can apply as per the old bulletin
Already ruled out
why? I thought this was the consensus on the other thread atleast.
Already ruled out
why? I thought this was the consensus on the other thread atleast.
more...
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deba
10-27 10:36 AM
Tecnically I-140, labor cert belongs to the company. But it is always good to have a copy. I do not think it is necessary to have these docs to invoke AC21. Also, you may not necessarily get RFE for using AC21 either.
Deb
Contrib $900 so far
EB2 India PD 03/05
I140 09/07
I485 07/07
Deb
Contrib $900 so far
EB2 India PD 03/05
I140 09/07
I485 07/07
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san3297
03-25 11:17 AM
You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
more...
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gc_peshwa
12-09 10:54 AM
Thanks IV for the update!
Good news guys...This is getting exciting now. Pleasantly surprised with 59 yes votes. Thats a good number. President Obama may have pulled off a miracle by extracting the GOP YES to DREAM by supporting their agenda of tax cuts for wealthiest Americans. Its politics afterall!
Good news guys...This is getting exciting now. Pleasantly surprised with 59 yes votes. Thats a good number. President Obama may have pulled off a miracle by extracting the GOP YES to DREAM by supporting their agenda of tax cuts for wealthiest Americans. Its politics afterall!
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texcan
02-24 04:27 PM
I went to red cross once to donate blood once but they refused to take since i am an immigrant who have not completed 5 years in USA so they may not take us.
i have given blood probably 10-12 times.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
i have given blood probably 10-12 times.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
more...
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kirupa
01-26 01:06 AM
That is a perfectly fine way to do it, though the added overhead of wrapping your image into a button is unnecessary because the MouseLeftButtonUp event on your image is very similar to the Click event on the button.
The end result is the same in either case - your users get something you can click on!
:)
The end result is the same in either case - your users get something you can click on!
:)
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eImmigJr
07-26 12:55 PM
Lawyer: When we get the receipt notice we will immediately submit the correct marriage certificate, till then be married to other person :)
So I guess from legality point of view its not a major issue. Hopefully none of you guys will have to go through this issue.
Another thing is that receipts for application that reached USCIS on June 28th, are reaching the law office, so hang in there for a week or two for July receipts.
So I guess from legality point of view its not a major issue. Hopefully none of you guys will have to go through this issue.
Another thing is that receipts for application that reached USCIS on June 28th, are reaching the law office, so hang in there for a week or two for July receipts.
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gemini23
11-19 08:50 AM
Do we have to send copies of H1 visa stamp in passport in order to apply for ead renewal. if yes, what would be the case if the H1 visa stamp is expired. Can I send the copy of expired H1 visa stamp and I-797 approval , for ead renewal?
Can you please answer this question as I am about to file for a ead renewal.
Can you please answer this question as I am about to file for a ead renewal.
Leo07
02-14 12:13 PM
Thanks for your response.
"...US resident since before Jan 1st, 1972." Don't you think people will need a time machine to qualify for that?
"...US resident since before Jan 1st, 1972." Don't you think people will need a time machine to qualify for that?
chi_shark
06-24 04:28 PM
i dont think the question is about earning a paycheck. The question is about being employed or not. Perhaps it could also be termed as "being working" or not.
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
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