rsayed
04-16 08:13 PM
My H-1 started in Oct'03 and is supposed to complete it's 6 yr term on Oct'09. But, my current H-1 (with my current employer) shows an expiry date of Apr'09 (same with the stamped visa on passport) - I don't know the reason for this.
My labor (EB2-PERM) and I-140 has been cleared/approved; Priority date is July 2006.
I'm being offered a F/T position in one of the Big 5 consulting firms - nice offer. But, they categorically state that "there is no guarantee of GC, upon completion of one/two year". I've been told that this is standard practice for them to say this, and they normally start your GC after one year if you have less than 2 yrs, left. Even, the HR rep. told me the same thing - just that they don't offer a commitment, due to changing market conditions.
My question - Is it advisable to change? Any ideas/thoughts on any chances whatsoever of "Immigration Reform" happening this year?
Should I just stay put (with my approved I-140), or should I change (which seems risky)?
Also, this "Big 5" firm processes GC in the EB-3 category - I know this for a fact (unless the position offered is of a "Manager", which is not the case with me).
Pl. advise. Thanks.
My labor (EB2-PERM) and I-140 has been cleared/approved; Priority date is July 2006.
I'm being offered a F/T position in one of the Big 5 consulting firms - nice offer. But, they categorically state that "there is no guarantee of GC, upon completion of one/two year". I've been told that this is standard practice for them to say this, and they normally start your GC after one year if you have less than 2 yrs, left. Even, the HR rep. told me the same thing - just that they don't offer a commitment, due to changing market conditions.
My question - Is it advisable to change? Any ideas/thoughts on any chances whatsoever of "Immigration Reform" happening this year?
Should I just stay put (with my approved I-140), or should I change (which seems risky)?
Also, this "Big 5" firm processes GC in the EB-3 category - I know this for a fact (unless the position offered is of a "Manager", which is not the case with me).
Pl. advise. Thanks.
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v2neha
04-07 05:50 PM
When we applied for B2 extension for my parents-in-laws (for their second visit - not the first one), we did not have a decision until few days before expiry of their original I-94. I called the USCIS (it was INS or CIS at that time) and the customer rep told me that while a visa extension application is pending, their stay is authorized by the attorney general and their presence in the USA is not unlawful. If the application was denied, they would need to leave USA immediately to avoid accruing unlawful presence. The extension got approved eventually and they left the country before expiry of new I-94. Since then, they visited us three more times and we extended their stay one more time.
However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.
However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.
k_sing
09-18 03:26 PM
I had a question which my accountant cannot possibly answer.
I have had my stock trading account with Scottrade (an online broker) for last 5 years. They send me a 1099 form every fiscal year for tax filings.
I have now come across a proprietary stock trading firm which offers me significant advantages if I do my stock trading through them. There however is a difference and I am not sure if I can indeed trade with them due to my H1B status.
They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades.
Is this something I can do while on H1B ? Can I be a member of their LLC / TRUST and get a K1 tax form against profit from ny stock trades?
From this specific unique situtaion arises another generic question out of curiousity.
Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.
Thanks in advance for your answer.
I have had my stock trading account with Scottrade (an online broker) for last 5 years. They send me a 1099 form every fiscal year for tax filings.
I have now come across a proprietary stock trading firm which offers me significant advantages if I do my stock trading through them. There however is a difference and I am not sure if I can indeed trade with them due to my H1B status.
They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades.
Is this something I can do while on H1B ? Can I be a member of their LLC / TRUST and get a K1 tax form against profit from ny stock trades?
From this specific unique situtaion arises another generic question out of curiousity.
Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.
Thanks in advance for your answer.
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Libra
08-03 12:26 PM
Lisap, do you think you need to open a new thread to ask this question, dont you see there are hundreds of threads already opened on this issue.......i mean, what i wonder is you didn't find a single thread to post your question....man you guys........:eek:
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....
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vxb2004
10-04 09:08 PM
Thanks for this valuable piece of information.
sjhugoose
February 20th, 2004, 07:15 AM
I don't know about the wide angle lenses, but I don't think that would help that much in the dof problem you have.
Use this DOF calculator for your camera:
http://dfleming.ameranet.com/dofjs.html
The Sony at 38mm 12 inches away at f8 give you a near of of 11.8 and a far of 12.1. At 28mm 12 inches away you can get a near of 11.7 and far of 12.3.
If you play a bit with the calculator there, you can get an idea of the dof you can achieve with or without the wide angle lenses.
Olga
Olga,
I don't mean to step on your toes here but I think you've missed something. The sony is a 38mm equivalent. I believe its actually a 9.7mm-48.5mm lens and these numbers should be used for calculating the DOF, unless the calculator says otherwise. In this case you can obtain the DOF that Daniel desires and it may actually be easier with a digicam than with an SLR based camera. AHHH I thinkI just suggested a digicam is better than a SLR.
Scott
Use this DOF calculator for your camera:
http://dfleming.ameranet.com/dofjs.html
The Sony at 38mm 12 inches away at f8 give you a near of of 11.8 and a far of 12.1. At 28mm 12 inches away you can get a near of 11.7 and far of 12.3.
If you play a bit with the calculator there, you can get an idea of the dof you can achieve with or without the wide angle lenses.
Olga
Olga,
I don't mean to step on your toes here but I think you've missed something. The sony is a 38mm equivalent. I believe its actually a 9.7mm-48.5mm lens and these numbers should be used for calculating the DOF, unless the calculator says otherwise. In this case you can obtain the DOF that Daniel desires and it may actually be easier with a digicam than with an SLR based camera. AHHH I thinkI just suggested a digicam is better than a SLR.
Scott
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pkv
04-13 11:34 AM
This is correct. Only your attorney will get the RFE.
I got Medical RFE, it was sent to me as well as to my attorney. In fact I got it a week earlier than attorney got.
I got Medical RFE, it was sent to me as well as to my attorney. In fact I got it a week earlier than attorney got.
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EndlessWait
01-10 03:00 PM
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
even mine is 23rd july case..and is ur case status still showing "transferred to NSC blah blah..." ?
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
even mine is 23rd july case..and is ur case status still showing "transferred to NSC blah blah..." ?
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desigirl
04-27 09:09 AM
2 bags or 1 - they are check in luggage - not to worry about it until she reaches India and gets a coolie to help her out.
I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.
I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.
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srkamath
07-16 09:09 AM
IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
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bcg_consultant
02-13 04:35 PM
same here, my PD is Aug 2004 EB3(ROW) but my I-140 and 485 is still pending at NSC(more than 240 days).I dont have any hope that my I-140 will be cleared any time soon...Good bless H1B people
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
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GCNaseeb
08-08 04:47 PM
Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
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lazycis
08-15 10:15 AM
Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.
Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
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pkd
07-29 03:42 AM
Hello everyone,
I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.
Thx,
Prabhat
I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.
Thx,
Prabhat
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BimmerFAn
06-22 09:03 PM
Hi guys, I am trying to understand this whole process and was wondering if you could help me out.
I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:
1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.
2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?
Thank you for your input.
I'm a CPA working for a Big4 in the US for h1-B. I have 2 years of experiences (1 with the same company). I am not from Europe. I have the following 2 questions:
1. What can I expect in terms of waiting for a GC if my employer were to file today? It's a huge firm and submits many GC sponsorship requests per year. I belieave 700 were submitted in 2009.
2. Would my CPA/Lvl 2 CFA Certification as well as my membership in professional organizations and performance bonuses (highlighting exceptional ability) bump me up to EB2 if EB3 is not current?
Thank you for your input.
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s416504
11-17 10:40 AM
Your reply looks OK except your lawyer's suggestion to inform employer about parole status. I don't mind informing employer but the Question is "Is that mandatory to inform employer ?" I think Lawyer's intention could be we need to inform employer (as well as lawyer ) about AP during applying next H1B extention.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
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jonty_11
10-06 12:48 PM
I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands.
After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
My 2 cents.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
My 2 cents.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
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synergy
12-03 06:29 PM
I applied for my green card almost six years back (EB3 Jan 2003) and working with the same employer for more than 7 years on H1B. My 140 was approved in 2007 September. Recently I got a new job with pretty similar title and job descripiton. The job is in a different state . Here is my question...
Is it better to use my EAD (which is valid until October 2010) or do a H1B transfer? In case my current employer withdraw the 140 application ,whether that cause any issues?
Do I need to go back to my current employer once I get my green card?
Is it possible to go back to H1B once I start using EAD?
Appreciate quick responses.....
Is it better to use my EAD (which is valid until October 2010) or do a H1B transfer? In case my current employer withdraw the 140 application ,whether that cause any issues?
Do I need to go back to my current employer once I get my green card?
Is it possible to go back to H1B once I start using EAD?
Appreciate quick responses.....
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pasupuleti
03-28 01:53 PM
Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.
Yes! Yesterday's bill does not have these provisions.
Yes! Yesterday's bill does not have these provisions.
gc28262
03-13 10:45 AM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
Congrats !
What a way to announce it :D
:):):):):):)
Congrats !
What a way to announce it :D
Humhongekamyab
08-20 03:17 PM
I am glad they have started enforcing this. This will let them work on the cases rather than answer the calls.
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