dc2007
08-08 03:56 PM
I talked to my lawyer and he suggests me to show address as per my tax return.. So I did that.
He said it doesn't matter even if you have license of different state and showing residence of different state.
In my case, addresses are totally messed up. I just put the addresses as per my tax return. And in my case I got H1 in Nov 2006 only (less than year), so there is a good chance of back-ground check.. Lets see
Good Luck to everybody
damn! i have the same issue. will u pls post the answer when u have it.
my laywer doesn't know what to put and my employer is not cooperating!
He said it doesn't matter even if you have license of different state and showing residence of different state.
In my case, addresses are totally messed up. I just put the addresses as per my tax return. And in my case I got H1 in Nov 2006 only (less than year), so there is a good chance of back-ground check.. Lets see
Good Luck to everybody
damn! i have the same issue. will u pls post the answer when u have it.
my laywer doesn't know what to put and my employer is not cooperating!
helpful_leo
06-17 01:44 PM
..if someone started now?
If a major corporation (i.e. bonafide company, no fraud, etc) started the labor process for an employee tomorrow, how long (in a ballpark sense) would it take before the person could file for I140 and I1485 concurrently?
...and do you think the dates wd remain current (for India) till then? And is there anything that can be done from the employee or employer's side to speed up the process? All comments will be appreciated.
Thanks all for your time
leo
If a major corporation (i.e. bonafide company, no fraud, etc) started the labor process for an employee tomorrow, how long (in a ballpark sense) would it take before the person could file for I140 and I1485 concurrently?
...and do you think the dates wd remain current (for India) till then? And is there anything that can be done from the employee or employer's side to speed up the process? All comments will be appreciated.
Thanks all for your time
leo
optimist578
01-19 12:31 PM
I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
ras
10-25 10:20 PM
^^
more...
mhtanim
11-12 03:16 PM
http://mexico.usembassy.gov/eng/evisas_third_country.html
I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.
I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.
I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.
I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.
danu2007
08-03 05:34 PM
My I-140 is approved.
But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?
But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?
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singhsa3
01-07 11:17 AM
It is a family event also, so please feel free to bring your spouses, fiancee , kids, etc..
nvmurali
06-02 04:39 PM
You new employer can file for H-1B change of status for (upto) 3 years since you have I-140 approved and your PD is not current. The fact, that I-140 was applied by current (or ex) employer, does not matter.
Hope it helps.
_________________
Not a legal advice.
Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)
Hope it helps.
_________________
Not a legal advice.
Thats what I was looking for!!!! Thank you all for your help. As long as my new employer can transfer over my existing H1-B even though it's past the 6 yrs, I'll be good to go. :)
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smisachu
09-28 10:25 PM
I got my FP done today. I received the FP notice around 12th Sep. My receipt date is 4th Sep. Case is in Tx.
Appointment time was 2PM. We reached 15mins early. The time does not matter. Long line to check and accept the form. Then we were issued numbers and asked to wait for the numbers. For the amount of people waiting for FP, they did a good and fast job. Mostly young kids and they were fast.
Did FP and took Picture of self and wife and we were done. It took a little over 1 hour. I carried my passport but showd Drivers licence and that was all that was needed. Hope this helps.
Appointment time was 2PM. We reached 15mins early. The time does not matter. Long line to check and accept the form. Then we were issued numbers and asked to wait for the numbers. For the amount of people waiting for FP, they did a good and fast job. Mostly young kids and they were fast.
Did FP and took Picture of self and wife and we were done. It took a little over 1 hour. I carried my passport but showd Drivers licence and that was all that was needed. Hope this helps.
needinfo80
09-11 11:10 AM
But if your form is signed with today's date then doctor might want you to take blood work again as they are no longer invalid if they are more than 1 yr old.
Again this are grey areas.There are no concrete answers.
Again this are grey areas.There are no concrete answers.
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gcformeornot
05-21 07:29 AM
have applied for L1 to H1 change of status, then you are already on H1, does not matter if H1 starts in Oct2008. If its COS then you should start working for new employer asap.
unseenguy
06-24 08:29 AM
You are worrying about nothing. Have fun and enjoy life
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Openarms
10-19 02:25 PM
Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.
lvinaykumar
08-05 05:05 PM
i would say apply for the Eb2. I am on Eb3 right now and i will plan to apply for eb2 after Dec 2008.
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sundarraj_us
05-25 04:04 PM
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
3 weeks
3 weeks
a_yaja
06-22 10:04 AM
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
more...
good idea
03-13 12:43 PM
FBI Arrests DC Official (http://blogs.abcnews.com/politicalpunch/2009/03/fbi-arrests-dc.html)
sbajaj80
09-14 09:05 AM
Our checks were cashed yesterday. Receipt notice date for application is 9/8.
guesswho
10-09 10:59 PM
I am planning for my visa in Jan at Mumbai consulate. I do not have any relatives in either mumbai/pune who can submit my documents 3 days before the appointment.
Has anyone faced this issue? I have sent them an email asking if I can mail the documents to them. Lets see what they reply. Does anyone has experience what to do in situation like this?
Thanks
Has anyone faced this issue? I have sent them an email asking if I can mail the documents to them. Lets see what they reply. Does anyone has experience what to do in situation like this?
Thanks
akred
10-08 12:40 AM
Here's another article on the same issue: http://www.financialexpress.com/news/expats-will-have-to-make-pf-payments-in-india/358603/1
To sum it up:
Everyone working in India for any length of time will have to contribute 24% towards EPF. This contribution cannot be withdrawn or tranferred to another country unless a totalization agreement exists between that country and India. Previously non-resident Indians and foreigners were either not required to make this contribution or allowed to withdraw it upon leaving India.
My reading is that this has no impact on people who do not work in India. It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.
To sum it up:
Everyone working in India for any length of time will have to contribute 24% towards EPF. This contribution cannot be withdrawn or tranferred to another country unless a totalization agreement exists between that country and India. Previously non-resident Indians and foreigners were either not required to make this contribution or allowed to withdraw it upon leaving India.
My reading is that this has no impact on people who do not work in India. It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.
dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
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