scorpioduo
04-17 03:53 PM
I think you should be OK
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veritas1
10-16 10:36 PM
I'm surprised a new I-140 needed to be filed in the first place. I didn't think a new company needed to refile if its a successor in interest...
reddog
01-23 12:15 PM
As long as you are getting paid for the posistion your H1B co has hired you for, and are getting paystubs to prove that, you are fine.
You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.
Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.
PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.
You had a client and you were getting paid by your H1b employer, now you are getting paid cos you are working for your H1b employer directly. that is how I read it.
Your H1B petitioning company has to give a letter stating your continous employment with them, and that should be good.
PS: Techincally and legally speaking, you are borderline OK, however, with all the facts you have stated, it is illegal for you to be in the US on an H1B.
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485Mbe4001
03-20 02:56 PM
instructions from Oh's site
03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire
AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
Those Who Are Subject to the New Law:
Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.
Those Who Are Not Subject to the New Law:
H-1B petition to extend the H-1B status (EOS) of a current employee with
the same employer (TARP funded).
H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.
03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire
AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
Those Who Are Subject to the New Law:
Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.
Those Who Are Not Subject to the New Law:
H-1B petition to extend the H-1B status (EOS) of a current employee with
the same employer (TARP funded).
H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.
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Winner
04-02 10:36 AM
A.P., G.P., H.P.....got all of them.
Did you get BP(High/Low?), I heard many get that during GC process ;)
Did you get BP(High/Low?), I heard many get that during GC process ;)
aristotle
06-23 03:30 AM
If its any comfort, my lawyer said he couldn't think of a reason why tax returns are necessary for filing 485.
Hi,
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
Hi,
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
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ndialani
11-19 03:42 PM
2 weeks back , An agent from Homeland security came to visit my office and spoke to my Employer and me . He wanted to make sure , i work there and everything is true.
He also saw all the H1B documents and took photos of our dental office.
So ,yup! it is true. I m working there since 2003 and just got another extension till 2012 on H1B. Still waiting for GC!!!
He also saw all the H1B documents and took photos of our dental office.
So ,yup! it is true. I m working there since 2003 and just got another extension till 2012 on H1B. Still waiting for GC!!!
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qisolu917o
03-22 10:06 PM
experience is the extract of suffering.I was grateful to Daddy for coming to rescue me when I broke my leg. He also came home from work a time or two to try to talk Mother out of spanking me when I did something wrong. At the beginning of their marriage he really tried to be there for me. I remember once he even took me on the train to St. Louis to see the Cardinals, then our nearest major league baseball team. We stayed overnight and came home the next day. I loved it. Sadly, it was the only trip the two of us ever took together. Like the only time we ever went fishing together. The only time we ever went out into the woods to cut our own Christmas tree together. The only time our whole family took an out-of-state vacation together. Come and buy cheap wow leveling (http://www.u4game.com/Wow_Power_Leveling.html), free wow power leveling web . warcraft gold (http://www.u4game.com) webpage! There were so many things that meant a lot to me but were never to occur again. Roger Clinton really loved me and he loved Mother, but he couldnt ever quite break free of the shadows of self-doubt, the phony security of binge drinking and adolescent partying, and the isolation from and verbal abuse of Mother that kept him from becoming the man he might have been.One night his drunken self-destructiveness came to a head in a fight with my mother I cant ever forget. Mother wanted us to go to the hospital to see my great-grandmother, who didnt have long to live. Daddy said she couldnt go. They were screaming at each other in their bedroom in the back of the house. For some reason, I walked out into the hall to the doorway of the bedroom. Just as I did, Daddy pulled a gun from behind his back and fired in Mothers direction. The bullet went into the wall between where she and I were standing. FFXI Gil (http://www.u4game.com/Final-Fantasy-XI-49.html) I was stunned and so scared. I had never heard a shot fired before, much less seen one. Mother grabbed me and ran across the street to the neighbors. The police were called. I can still see them leading Daddy away in handcuffs to jail, where he spent the night.
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fittan
07-13 12:17 PM
Just joined this board 30 minutes ago. I've signed and sent this petition.
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satyasaich
07-12 06:14 PM
that the new 140 gets approved(for which i have no doubt) with old priority date.
then go ahead for 485.
the only point here is to play SAFE, and try to be on H1 until the new 140 is approved
Will this be same if you are with same employer??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
then go ahead for 485.
the only point here is to play SAFE, and try to be on H1 until the new 140 is approved
Will this be same if you are with same employer??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
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FinalGC
09-16 12:57 PM
Good note hebbar77!! I concur...but I think I heard from some attorneys' some time back.....but these are attorney's...they change their mind constantly
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rajsenthil
04-21 10:09 AM
Contributed $25.
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mmanurker
09-25 04:45 PM
I'm EB3-ROW and at the last stage of I-485 processing. Just waiting for the bulletin to tell me I'm current. Two weeks ago, I found out my lawyer has been blacklisted. Just like Fragomen. Apparently my lawyer performed "too many miracles."
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
Do you mind sharing the name of your lawyer?
yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.
Now I wish to change lawyers to avoid risk of RFEs, denial, etc. Should I do it? What is involved in the switch of lawyers? Just a simple G28? Any risks involved?
Would appreciate any opinions on this matter. Thank you.
Do you mind sharing the name of your lawyer?
yeah, may be you shud share the name of your lawyer....who knows I might also be using this lawyer...you never know until you find out the names.
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Jimi_Hendrix
12-13 10:40 AM
a level playing field for CIR. This is just an attempt to increase publicity on Enforcement work.
Pile of BS. Go to Home Depot here in California or any other hardware store and you see illegals getting on and off the bus. Waiting around the corner in full public view.
Pile of BS. Go to Home Depot here in California or any other hardware store and you see illegals getting on and off the bus. Waiting around the corner in full public view.
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helpful_leo
02-03 06:21 PM
thanks guys for your responses
Spgtopper: I am referring to the same bill; specifically section 313. Its a bill that covers a lot of specific details, but seems to ignore current PhD candidates.
Logiclife: Wikipedia and others define "the physical sciences" to exclude life sciences. That is actaully the meaning of physical sciences, i.e. not biological sciences. It would seem stupid to exclude it, since so much of R&D is taking place in biotech etc.
And I believe if they wd have allowed the transfer of F1 to F4, they wd have mentioned it in teh bill. I think the above 2 facts have to be brought to the attention of lawmakers.
Spgtopper: I am referring to the same bill; specifically section 313. Its a bill that covers a lot of specific details, but seems to ignore current PhD candidates.
Logiclife: Wikipedia and others define "the physical sciences" to exclude life sciences. That is actaully the meaning of physical sciences, i.e. not biological sciences. It would seem stupid to exclude it, since so much of R&D is taking place in biotech etc.
And I believe if they wd have allowed the transfer of F1 to F4, they wd have mentioned it in teh bill. I think the above 2 facts have to be brought to the attention of lawmakers.
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desi3933
05-04 10:44 AM
Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.
I want to know for how long I can work from India on H1 being on US payroll?
You are not any visa status when you are not present in the USA.
As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.
_______________________
Not a legal advice.
US citizen of Indian origin
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.
I want to know for how long I can work from India on H1 being on US payroll?
You are not any visa status when you are not present in the USA.
As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.
_______________________
Not a legal advice.
US citizen of Indian origin
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Adam
08-19 11:01 PM
I agree about the mouth thing...It's hard to not make it look like a stupid smirk or snowman nose :lol:
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jnraajan
04-09 04:52 PM
My friend, who applied (during June 2007) for his EAD renewal around 60 days before his actual EAD expiration date, haven't got it renewed in time. After the expiry date, his employer asked him to come to work only after obtaining the renewed EAD. He has been told that in case of EAD it is not legal to work just with receipt.
Your Friend's employer is correct. Receipt Notice for EAD is NOT ENOUGH to start working. You should have a approved EAD Card to continue working.
Your Friend's employer is correct. Receipt Notice for EAD is NOT ENOUGH to start working. You should have a approved EAD Card to continue working.
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gcman2005
10-17 06:45 PM
My wifes AP also approved today. The case had a LUD on 15th but the case was not approved on that day. I had sent a fax to 402-219-6171 with my travel Itinerary on 16th and there was a LUD on 16th. And on 17 they approved the application.
I had a infopass appointment on 16th and the immigration officer gave me the fax number. He was telling me that another person had came to expedite the application and he got approval after sending the fax.
I had a infopass appointment on 16th and the immigration officer gave me the fax number. He was telling me that another person had came to expedite the application and he got approval after sending the fax.
jsb
11-05 04:02 PM
Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again
Yes. Note answer to Q 2. In case there is an RFE to sponsor of I-140, and there is no proper response, I-140 is denied, resulting in denial of I-485 too. I-140 has to be approved or approvable.
Once mega data entry is done, there will be a lull on new filings for quite sometime, giving USCIS time to look at the cases. I don't know what is current I-140 processing time, but it is better to have it out of the way before you think of moving on.
Yes. Note answer to Q 2. In case there is an RFE to sponsor of I-140, and there is no proper response, I-140 is denied, resulting in denial of I-485 too. I-140 has to be approved or approvable.
Once mega data entry is done, there will be a lull on new filings for quite sometime, giving USCIS time to look at the cases. I don't know what is current I-140 processing time, but it is better to have it out of the way before you think of moving on.
baskarans
10-08 02:15 PM
PIO card is valid for 15 years and no need to apply for visa every time you go. You just present it with the passport when entering/departing in India. it takes about 20 days to get it they say 15 working days which is about 3 weeks. if you do in person they will check all documents and let you know if there is some thing wrong so you can correct it and submit it and no issues when issuing. they give you date to pick up or even you can ask them to mail back for 15$. i would say get poi if you have time and also if you are local do pio if you are not getting it by the time of travel you can always go and get visa the same day. http://www.cgisf.org/ is the sfo counslate website can get all the infor and download application there. even you can email them they are very prompt in replying you will get a reply the next day if you have any questions
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