Dhundhun
11-24 05:13 AM
Nihar, let me understand your problem and explain you, what might be happening?
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
go_guy123
05-14 06:13 PM
It is time to pass the DREAM Act.
DREAM Act is held hostage up by the CIR advocates just like skilled immigration.
But the repeated failures will weaken the CIR coalition as some Latino organizations
like MALDEF have grudgingly started thinking about piecemeal options.
Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.
In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.
DREAM Act is held hostage up by the CIR advocates just like skilled immigration.
But the repeated failures will weaken the CIR coalition as some Latino organizations
like MALDEF have grudgingly started thinking about piecemeal options.
Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.
In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.
rsdang
08-01 12:54 PM
Guys,
I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.
Voter calls will always impact politicians...
Lets keep the efforts on...
Thanks
I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.
Voter calls will always impact politicians...
Lets keep the efforts on...
Thanks
thehulkdeals
05-14 04:51 PM
Hi all, I need your advice and opinions about my situation.
H1b � Started on Oct 07
PERM is approved and my PD is April 6, 2006 (PERM)
i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
AP and EAD received September 2007
My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.
I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?
It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won�t need it.
Is there any benefit to have EAD in my situation?
If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?
For example, if I do not renew this year, can I apply again next year?
Thank you
H1b � Started on Oct 07
PERM is approved and my PD is April 6, 2006 (PERM)
i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
AP and EAD received September 2007
My company lawyer just emails me to ask about renewing my EAD/AP. My company paid for my first EAD/AP and I paid for my wife EAD/AP. Now, I will have to pay both of them since I think they know that it is not main process for my GC sponsorship. They only pay for the green card process.
I do not plan to change my job and do not plan to travel outside US (unless there is a family emergency). My wife and children are all in the US. My wife does not plan to work/travel. So do I need to renew my EAD/AP?
It is nice to have AP since I can travel if I have to travel outside US for Family emergency but for EAD, I do not think that I won�t need it.
Is there any benefit to have EAD in my situation?
If I do not renew my EAD and AP, will I affect my GC / any immigration process in the future, such as renewing my H1b?
For example, if I do not renew this year, can I apply again next year?
Thank you
more...
DSLStart
04-21 11:56 AM
Was you 485 filed initially at VSC and then transfered to TSC? If so you must have received the orignal transfer notice. That should suffice as orignal 485 receipt.
My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
My wife had gone to DMV in fair oaks mall and they had asked her to produce the original I485 and unfortunately we don't carry it. Our license is going to expire next month.
Anybody know what we can do in this situation. Has anybody got a licence recently from VA state.
thanks
nyte_crawler
05-11 01:47 PM
Some guy took most of the needed time talking about citizenship. Jeez.
more...
lskreddy
07-30 11:22 AM
These calls with Ombudsman are important because they are attended by USCS and probably other officials from DHS. It is a time to talk about policy matters, recommendations, response of these recommendations from USCIS, and delays in their implementation. That can help bring positive changes for everyone rather than questions about individual cases. Just my opinion.
I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
akhilmahajan
04-23 07:55 AM
I am sure this question must have been answered before, but as i could not find anything with reference to it, so i thought of posting it here.
I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.
I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.
Thanks.
I just received a copy of the labor from my company. Is there a way to find out, whether the labor was cleared for EB-2 or not.
I am novice in this area.
If there are any other ways to find out, can anyone shed some light on it.
Thanks.
more...
Shawn
August 9th, 2005, 11:09 AM
Times Square, this process would allow you to clear out all the people and if needed one could bring back the original colors of neon lights in Photoshop, also remove trailing & headlights of cars.
enggr
10-12 12:37 AM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
more...
rajmirk
04-08 09:51 PM
ANyone has any links?
Thanks in advance,
Thanks in advance,
continuedProgress
06-29 02:24 PM
Thanks logiclife for showing an option when I had given up!.
I have an approved 140 and I can get a letter mentioning future employment from my previous employer. I understand that I cannot apply for EAD since I will not be working for them, however, what additional steps do I need to take to invoke 'AC21 portability'?. Since I am assuming my 485 will take more than 180 days.
Thanks!
A
I have an approved 140 and I can get a letter mentioning future employment from my previous employer. I understand that I cannot apply for EAD since I will not be working for them, however, what additional steps do I need to take to invoke 'AC21 portability'?. Since I am assuming my 485 will take more than 180 days.
Thanks!
A
more...
morchu
04-23 03:04 AM
Focus on your goal. Emotions may not take you there.
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Hello All,
My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?
Thank you
Ravi
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
Hello All,
My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?
Thank you
Ravi
WeShallOvercome
12-26 12:10 PM
Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.
more...
GCSeekerCT
08-21 07:47 PM
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
saketh555
08-20 03:51 PM
Online information say Indian passport renewal takes around 10 - 15 days but it is usually done much quicker. I received my passport in less than 2 weeks(7 business days if i remember correctly) from Chicago, offcourse i mailed all documents.
Good luck.
Good luck.
more...
pbojja
09-22 10:53 AM
In my view, it is his mistake. I am seriously think that he is lieing to you. First of all, deduction 400$ biweekly is too much. You didn't specified if you have any dependents. If you are single, then he is really lieing to you. I say just file a complaint with DOL in your home state.
No disrespect but , 400$ biweekly seems ok to me ...It depends on how you are employed , If you are working on percentage basis then companies may charge full insurance to you , If you are employed its a different case .
No disrespect but , 400$ biweekly seems ok to me ...It depends on how you are employed , If you are working on percentage basis then companies may charge full insurance to you , If you are employed its a different case .
whattodo21
05-03 10:24 AM
Right.
But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.
Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.
Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward
catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.
But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.
Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.
Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward
catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.
fromnaija
09-01 12:29 PM
My FP was done on 9/28/09.
You meant 9/28/2007, right?
Once again congratulations on your approval. Please continue to support this movement.
You meant 9/28/2007, right?
Once again congratulations on your approval. Please continue to support this movement.
webm
05-28 10:43 PM
Hi everybody,
please help - the lawyer filed the original EAD/AP applications.
Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
if I am filing paper EAD/AP forms???
Thanks....
Yes file the G-28 forms as well..thats what i did too..
please help - the lawyer filed the original EAD/AP applications.
Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
if I am filing paper EAD/AP forms???
Thanks....
Yes file the G-28 forms as well..thats what i did too..
AmericanInSpain
04-08 11:46 AM
I have a similar situation and I want to hear more about working remotely using a non-work resident visa...
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
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