Sachin_Stock
08-13 02:32 PM
Any gurus can answer this question?
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nogc_noproblem
03-16 12:37 PM
Well said, if we always worry about the exceptions, then there won�t be any peace in life.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
brav
10-06 10:42 AM
I posted this question on murthy.com and she ignored this question in her 2 last chat sessions on monday night.
I posted in the Greg siskind's FAQ organized by IV and I am hoping he will answer, to get some clarity to this.
My wife has OPT EAD and AOS EAD(485) and we are looking into
a. Would an AOS EAD invalidate OPT EAD automatically
b. If not, should any one be notified that we are presently pursing OPT EAD
c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?
If any one has info, please share.
I posted in the Greg siskind's FAQ organized by IV and I am hoping he will answer, to get some clarity to this.
My wife has OPT EAD and AOS EAD(485) and we are looking into
a. Would an AOS EAD invalidate OPT EAD automatically
b. If not, should any one be notified that we are presently pursing OPT EAD
c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?
If any one has info, please share.
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snathan
01-28 01:35 PM
I am trying to collect a list of some prominent people (scientists, doctors, entrepreneurs, etc.) who are EB immigrants or were/are on H1 for an article. Please share if you happen to know or can point to such information. For example, orkut was invented by a former H-1B visa holder. Any examples with relevance in the current economic situation will be specially useful. For example, somebody who immigrated to US on EB category is now running a business and/or employing Americans.
Thanks!
1. Sheela Murthy
2. Indra nooyi
3. Vikram Pandid
4. Google Founder
5. One of the Google Director/scientest from india - who found the Google news
6. One of the Sun micro system's co-founder was indian.
You can find lots people in the internet.
Thanks!
1. Sheela Murthy
2. Indra nooyi
3. Vikram Pandid
4. Google Founder
5. One of the Google Director/scientest from india - who found the Google news
6. One of the Sun micro system's co-founder was indian.
You can find lots people in the internet.
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LostInGCProcess
02-11 03:37 PM
Call and ask them how can they do this huge mistake and they will issue one for you as well !
My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?
:D That's funny!!! Man!!! I couldn't stop my laughter after reading this post.
Take it easy guys!!! :D
My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?
:D That's funny!!! Man!!! I couldn't stop my laughter after reading this post.
Take it easy guys!!! :D
morchu
08-02 01:14 AM
I believe it is worth the 180 days wait. And AC-21 is practical for a lot of situations. Anyway you dont really have to wait 180 days, if you can convince the current employer not to revoke the 140 (at least for the next 180 days).
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
more...
drona
07-11 02:49 PM
Let's discuss ways to communicate with the Governor and to make him aware of our situation. I am going to do some research on his views on immigration but I think it might be good.
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
�Polls Push Governor to the Border�, LA Times, April 30, 2005
http://www.vdare.com/guzzardi/050503_schwarzenegger.htm
As Schwarzenegger has said multiple times:
"I think the most important thing to note is I am a champion of immigrants. I promote immigration. I am an immigrant myself. I think it's extremely important that we do it in a legal way."
�Polls Push Governor to the Border�, LA Times, April 30, 2005
http://www.vdare.com/guzzardi/050503_schwarzenegger.htm
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Lasantha
02-18 11:05 AM
Totally off the topic and beg your pardon. But do you know when they post the new USCIS processing dates. They still have the January posting.
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golgappa
08-17 05:56 PM
Thanks for your reply..
Can anyone else share there views....
Can anyone else share there views....
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LostInGCProcess
10-24 01:18 PM
Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.
more...
nosightofgc
02-08 02:05 PM
I completely agree with you. A lot of people complain thatcomapnies hire H1B employees because they are cheap. But I know that I am the highest paid in my group (and I am the only foriegn person in the group. Further when we had head count in the last year for three positions, we could not get enough resumes or hire any one due to lack of candidates with the required skills. At then end we lost the head count. And we have restrictions in our companyto hire any H1B.
I think this kind of a thing is going to happen more and more in the future. If you cut-off H1-b supply, choke green card process for legal immigrants (would-be), throw spanners into the wheels of a slowing economy by ill-thought restriction-ist policies, how are the companies going to survive (and rake in the moolah for the investors, get fat bonuses to the CEOs etc)? Its just not possible to hire some citizen who happens to be lying around without work, it just doesnt work that way. Skill-set counts. Otherwise, we would have seen a lot more citizens (whites specifically) around our work-places (software/hardware development). It is not pure coincidental and only to reduce wages that one finds tonnes and tonnes of Chinese/Indian folks slogging around in tech offices. Around 2005 when our company (big storage giant) was trying to hire for our Software development team, we couldnt find many candidates even to interview for regular Network programming (C/C++ types) jobs..so we had to go and hire an entry level graduate (MS), a white guy who had no programming skills (was a Project Mgr earlier, and looking for job) and another Developer from Canada. Ofcourse, I didnt even clear the guy with no programming skills but my manager took him anyway as we were not even finding folks to interview..and the guy left after a couple of months unable to cope with programming related challenges..Long story short, you need the right set of people to work the right set of jobs!
This is something that idiots like Grasslet/Sessions/King etc will never understand. All they are trying to do is pander to a particular vote base and thats what they will continue to do.
I think this kind of a thing is going to happen more and more in the future. If you cut-off H1-b supply, choke green card process for legal immigrants (would-be), throw spanners into the wheels of a slowing economy by ill-thought restriction-ist policies, how are the companies going to survive (and rake in the moolah for the investors, get fat bonuses to the CEOs etc)? Its just not possible to hire some citizen who happens to be lying around without work, it just doesnt work that way. Skill-set counts. Otherwise, we would have seen a lot more citizens (whites specifically) around our work-places (software/hardware development). It is not pure coincidental and only to reduce wages that one finds tonnes and tonnes of Chinese/Indian folks slogging around in tech offices. Around 2005 when our company (big storage giant) was trying to hire for our Software development team, we couldnt find many candidates even to interview for regular Network programming (C/C++ types) jobs..so we had to go and hire an entry level graduate (MS), a white guy who had no programming skills (was a Project Mgr earlier, and looking for job) and another Developer from Canada. Ofcourse, I didnt even clear the guy with no programming skills but my manager took him anyway as we were not even finding folks to interview..and the guy left after a couple of months unable to cope with programming related challenges..Long story short, you need the right set of people to work the right set of jobs!
This is something that idiots like Grasslet/Sessions/King etc will never understand. All they are trying to do is pander to a particular vote base and thats what they will continue to do.
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msgoud
03-07 10:05 PM
my brother got recently married and his wife went to stamping in kolkata and they gave 221g for h4 and 2 days later they even cancelled my brothers exiting stamped H1 and his visa.he is in IT industry
any ideas whats next for him.
does he need to apply for a new H1B or can any lawyer help him convince.
any ideas whats next for him.
does he need to apply for a new H1B or can any lawyer help him convince.
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forgerator
08-20 02:31 PM
YOU NEED TO PAY FEE BEFORE SEP 1ST. SO GO TO SOCTIA BANK BEFORE 32-AUG AND PYA FEE. Take the Receipt with you when you attend interview.
Thats the mean I get.
How do I go about doing that when I can't even set foot on Canada? I am predicting I will get my canadian visa by end of August (usually takes 2 weeks for me to get).
Secondly how do you explain this:
going forward, the MRV fee will have to be paid prior to scheduling appointment. But then to pay the MRV fee I have to be in Canada. But then to be in Canada, the canadian consulate need the appointment letter. It's a catch 22 .
Thats the mean I get.
How do I go about doing that when I can't even set foot on Canada? I am predicting I will get my canadian visa by end of August (usually takes 2 weeks for me to get).
Secondly how do you explain this:
going forward, the MRV fee will have to be paid prior to scheduling appointment. But then to pay the MRV fee I have to be in Canada. But then to be in Canada, the canadian consulate need the appointment letter. It's a catch 22 .
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ganguteli
03-02 11:28 AM
bump
Why are you spamming the forum by posting bump messages everywhere?
Why are you spamming the forum by posting bump messages everywhere?
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snathan
03-28 12:21 PM
Hi,
In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
and I need to proof that I filed the taxes that year or file the taxes.
I went to HR block and prepared taxes for 2005 and mailed to them.
Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.
Did any one had similar experiance or any issues?
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.
In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
and I need to proof that I filed the taxes that year or file the taxes.
I went to HR block and prepared taxes for 2005 and mailed to them.
Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.
Did any one had similar experiance or any issues?
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.
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FredG
January 30th, 2005, 10:23 PM
OK, fine then ... I stink as a photographer and should sell my equipment immediately. But as long as I'm here, I like Solitary Fisherman the best, then Father and Son, but I suggest cropping it to have a bit more space in front of them than behind them.
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morchu
04-29 09:45 AM
Your question 1 & 2 is the same.And you already know the answer.
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.
Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
YES. You can work for another employer temporarily for 3 months, and keep your "permanent employment offer". No need to inform USCIS except when they ask specifically.
Answer to question 3 is that USCIS is pre-adjudicating maximum cases, so that DOS can take educated guesses in moving the visa bulletin dates (instead of "blind" moves till now). Also USCIS is committed to reducing the overall processing time of 485 (if visa is available).
Thanks Krupa for your reply.
Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD
1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.
2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k
As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,
Business Analyst:Finance,Health care,ERP,Insurance
QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc
All the above jobs are paid average $110k(Minimum 90k)
My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this
3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?
Thanks for reading my post.Any inputs will be appreciated
Thanks
h12gc
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dkshitij
09-30 03:14 PM
Sorry to bust your bubble. But this is not a India only forum. Immigration voice intends to represent all immigrants.
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supers789
06-19 09:04 PM
I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.
tinuverma
11-09 09:44 AM
Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs? Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing? Why is it not safe to travel while on EAD and yet to have the GC in hand?
Last and most imp, is there any on when I can hope to get the actual green card?(dont shout..i know most are still waiting for their receipt notice..but please understand..i am done with that and now want to know what's next).
Peace.
Thanks in advance.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs? Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing? Why is it not safe to travel while on EAD and yet to have the GC in hand?
Last and most imp, is there any on when I can hope to get the actual green card?(dont shout..i know most are still waiting for their receipt notice..but please understand..i am done with that and now want to know what's next).
Peace.
Thanks in advance.
chanduv23
07-05 04:25 PM
This has been discussed, we can't help.
It takes time for people to come on same page.
Lot of lawyers have conference calls with their clients - discuss what "their clients" must do.
One good thing is a lot of our members under the IV umbrella have the zeal to do something. Looking at the Munnabhai threads etc...
It is a matter of time before we get organized. IV core is working hard on various aspects.
Before anyone does anything under the IV umbrella - please contact sertasheep or pappu or macaca.
It takes time for people to come on same page.
Lot of lawyers have conference calls with their clients - discuss what "their clients" must do.
One good thing is a lot of our members under the IV umbrella have the zeal to do something. Looking at the Munnabhai threads etc...
It is a matter of time before we get organized. IV core is working hard on various aspects.
Before anyone does anything under the IV umbrella - please contact sertasheep or pappu or macaca.
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