indyanguy
01-30 07:59 AM
Bumping for help . Thanks
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omved
08-14 07:10 PM
Hi Friends,
While filing I 131, I came across this information
"{If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
A. You are in one of the following nonimmigrant categories:
1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
3. A K-3, spouse, or K-4, child of a U.S. citizen; or
4. A V-2, spouse, or V-3, child of a lawful permanent resident; and
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status}"
My 797 petition is approved till 2011 but my H1B visa is not stamped. I am planning India trip in November. What would be appropriate for me..
Should I get H1B stamped in Mexico / Canada / India
OR
Should I apply for AP.
I have heard that after applying AP we should really not leave the country until decision has been made on AP application. I fear if I apply for AP now, probably it would not be approved by first week of November.
I don't know what to do. Any help pls..
Thanks
Omved
1485 ND august 15, 2007 in NE - No LUD so far. Infopass appointment confirmed FP/back ground check completed
H1b 7th year in extension
EB 2 - PD April 06
While filing I 131, I came across this information
"{If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:
A. You are in one of the following nonimmigrant categories:
1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or
2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
3. A K-3, spouse, or K-4, child of a U.S. citizen; or
4. A V-2, spouse, or V-3, child of a lawful permanent resident; and
B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.
However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status}"
My 797 petition is approved till 2011 but my H1B visa is not stamped. I am planning India trip in November. What would be appropriate for me..
Should I get H1B stamped in Mexico / Canada / India
OR
Should I apply for AP.
I have heard that after applying AP we should really not leave the country until decision has been made on AP application. I fear if I apply for AP now, probably it would not be approved by first week of November.
I don't know what to do. Any help pls..
Thanks
Omved
1485 ND august 15, 2007 in NE - No LUD so far. Infopass appointment confirmed FP/back ground check completed
H1b 7th year in extension
EB 2 - PD April 06
sledge_hammer
06-10 05:34 PM
What if my employer does not respond at all.
Write him a letter explaining that you need to get paid for the 6 months. Send this letter visa registered mail. If he doesn't respond then file a complaint with DOL.
What are the chances for the extension? there must be some way.
Chances - slim!
How can I buy some more time so that I can find some other way around?
There is no other way to solve this. You need to have pay stubs to extend your H-1B. Your best option is to find re-enter with an H-1B from another employer. Of course, you need to get a job first.
Write him a letter explaining that you need to get paid for the 6 months. Send this letter visa registered mail. If he doesn't respond then file a complaint with DOL.
What are the chances for the extension? there must be some way.
Chances - slim!
How can I buy some more time so that I can find some other way around?
There is no other way to solve this. You need to have pay stubs to extend your H-1B. Your best option is to find re-enter with an H-1B from another employer. Of course, you need to get a job first.
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vin13
10-26 05:48 PM
What you think , doesn't matter.
Cant fly through FRANCE/UK for sure, without a valid US visa stamped.
People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.
Emirates/Direct AI/Continental should be OK from East Coast.
Alright. I did not realize that this was a case of no valid visa on passport. I cannot attest to that.
Cant fly through FRANCE/UK for sure, without a valid US visa stamped.
People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.
Emirates/Direct AI/Continental should be OK from East Coast.
Alright. I did not realize that this was a case of no valid visa on passport. I cannot attest to that.
more...
Michael chertoff
04-26 02:35 PM
Why did we all come to USA?
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Brother, just relax. Take a deep breath and try to take a nap.. you will be OK. I can understand your frustration.
Get well Soon my friend.
MC
Did any of you knew the Green card problems when you came?
Did you know the problems when you applied for greencard many years ago?
When was the first time you found out there was a ling wait period and so many problems?
Brother, just relax. Take a deep breath and try to take a nap.. you will be OK. I can understand your frustration.
Get well Soon my friend.
MC
dreamworld
11-07 12:44 PM
Thank you everyone for the responses.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
masti_Gai is right...
Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
masti_Gai is right...
Your parents should provide your address as the USA residence address while filling the form at port of entry. Sometimes the immigration officer at port of entry may call you to verify.
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sivatallapaneni
04-04 03:19 PM
From Dallas.
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immi_enthu
06-11 08:59 AM
Wht do u mean..partially?
http://www.immigration-law.com/Canada.html
06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension
* AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.
http://www.immigration-law.com/Canada.html
06/10/2008: I-140 Premium Processing Reportedly Reinstated 07/16/2008 for Certain Limited Situation That Need 104(c) H-1B Extension
* AILA has reported that USCIS will resume I-140 PPS in limited circumstances. According to the report PPS should be available for those beneficiaries whose H will expire within 60 days of filing the request, and who need the I-140 approval to become eligible for that additional H time. Please stay tuned for the official notice of the USCIS.
more...
Nagireddi
05-21 07:35 PM
It should be printed on both sides of the same page I have just sponsored my parents, inlaws and uncle and aunt(Total 6 people at the same time). All of them got 10 yrs visa.Though I have provided all documents, they did not bother to look in to those papers. They have been asked simple questions and given their visa.
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gcapply
09-15 10:48 AM
hi is there any hope for eb-2 india?since its has retrogressed,can we expect any forward movement in the next few months?is there any chance of further retrogression?are there too many cases coming out of back log centres?
my case r got cleared from backlog centre few months back and i-140 recently approved,my pd is oct 2002 eb-2.iam so unlucky for the past so many yrs ,now that its approved i dont have a chance to apply for 485 as dates retrogressed.is there any hope in the next few months for a forward movement?by 2007 oct eb-2 will it be able to reach atleast 2003 end or 2004 begining?
my case r got cleared from backlog centre few months back and i-140 recently approved,my pd is oct 2002 eb-2.iam so unlucky for the past so many yrs ,now that its approved i dont have a chance to apply for 485 as dates retrogressed.is there any hope in the next few months for a forward movement?by 2007 oct eb-2 will it be able to reach atleast 2003 end or 2004 begining?
more...
Tshelar
08-24 08:57 AM
As far as I know INS cannot look into somebody's tax records without the individual's consent. I am not sure this is even a genuine post.
And of course IRS is happy take your taxes, they don't care about the immigration status.
And of course IRS is happy take your taxes, they don't care about the immigration status.
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Napoleon
03-12 12:33 PM
http://immigrationvoice.org/forum/showthread.php?t=13349
Please do a search on this site, we have discussed this in couple of forums in great detail.
You will find all your answers there.
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
Please do a search on this site, we have discussed this in couple of forums in great detail.
You will find all your answers there.
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
more...
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jiraprapaasa
04-13 11:40 AM
My 4 yr old niece went in person for the visa along with an adult of course.
What document does my niece need to bring to the embassy?
So far she has I-20, SEVIS fee receipt, MRV receipt from post office, school letter, passport, photo 2x2, her address in US, her father statement and book account.
Will consulate officer interview her or her mother who will be going with her?
She is 12 going to be 13 in May does she need a letter from her parent permission to go study abroad.
Can she say that she has her aunt which is me in the US where she will be staying with (We have the same last name) or should she say that she live in a hosted family in the US where school provided.
Her GPA is 4.0 from her 6th grade. Her father statement is good. Is there any how that she will get deny for her student visa.
What document does my niece need to bring to the embassy?
So far she has I-20, SEVIS fee receipt, MRV receipt from post office, school letter, passport, photo 2x2, her address in US, her father statement and book account.
Will consulate officer interview her or her mother who will be going with her?
She is 12 going to be 13 in May does she need a letter from her parent permission to go study abroad.
Can she say that she has her aunt which is me in the US where she will be staying with (We have the same last name) or should she say that she live in a hosted family in the US where school provided.
Her GPA is 4.0 from her 6th grade. Her father statement is good. Is there any how that she will get deny for her student visa.
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knowDOL
06-19 03:39 PM
Senthil,
Let me correct my post. If your I140 is approved and if your I485 is pending, you can come back to H1B status and get three years extension. One of my friend changed company after 6 months he god EAD and with new company(microsoft) he applied for H1B extension and his extension is approved for three and spouse is on EAD. So, that area is fluid you can jump from EAD to H1 and H1 to EAD. The rule is in AC21 section 104(c). You can google it and you will know.
Let me correct my post. If your I140 is approved and if your I485 is pending, you can come back to H1B status and get three years extension. One of my friend changed company after 6 months he god EAD and with new company(microsoft) he applied for H1B extension and his extension is approved for three and spouse is on EAD. So, that area is fluid you can jump from EAD to H1 and H1 to EAD. The rule is in AC21 section 104(c). You can google it and you will know.
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samcam
05-19 02:28 PM
Welcome to our newest member, bhatia_sanjay
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Funky_Monkey
09-13 11:56 PM
Thanks for all your replies!
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
My understanding is the same as Glus and Raj. However, I am also afraid that GCHope2011 might be right, in which case I might stay illegally more than 180 days if I wait long enough and would have to wait 3 years to get back to the U.S.
I was holding H4 visa before I started using the EAD.
Relinking the 485 with my approved NIW 140 is probably not going to work as my priority date for that is Feb,2008 and it is not current yet.
I definitely want to speak with an attorney so Gus I will PM you.
more...
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godbole_sanjaya
01-08 03:57 PM
If they can show some kind of conference etc. in USA and that they are coming here to attend the same, they would get visitor's visa.
Giving it a shot is all they can do.
Giving it a shot is all they can do.
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ksircar
01-18 07:36 PM
My 140 receipt date is July 11, still no word from NSC, neither RFE nor approval.
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sertasheep
03-25 11:34 AM
Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.
You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.
There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.
Regards
bindas74
10-30 08:28 PM
Most of the kids of H1B people are attending public schools.
Public school education also public charge according to this.
Read it.
Educational assistance (such as attending public school)
It is "not considered" for public charge
Public school education also public charge according to this.
Read it.
Educational assistance (such as attending public school)
It is "not considered" for public charge
smisachu
07-23 03:35 PM
R.William on July 3rd.
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