jasmin45
02-26 10:53 AM
Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!
First of all you have an "If" in your question. So I belive this is for future plan.
Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?
I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.
First of all you have an "If" in your question. So I belive this is for future plan.
Now, when you say "suddenly GC was sent to your sister here in US" I am comfused as to whether your sister has already got the GC in mail and you are outside US?
I would request you to provide some more information on your status and info such as Whether you have had/will have approved "AP" etc before you left/plan to leave this country for studies.
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snathan
05-19 11:34 AM
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
perm2gc
08-28 10:34 AM
Guys i think we had enough discussion on it in the other thread..Admins can you please close the thread..
Some members are making personal remaks and i hope that admins will take care of them...
We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself
Some members are making personal remaks and i hope that admins will take care of them...
We all here for debating what is wrong and what is right for our cause ..Please dont disgrade yourself
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InTheMoment
04-25 12:23 PM
Mail sent by CIS has a endorsment on their envelopes "Return Service Requested". USPS does NOT forward mail with such endorsements.
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
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waitin_toolong
07-30 03:41 PM
some 15-25 yrs back this used to be possible. I know of someone whos mom was air-hostess, and delivered the baby here and all of the family members got GC based on that baby.
But they closed this loophole sometime back.
But they closed this loophole sometime back.
kirupa
03-31 01:56 PM
I e-mailed my colleague (http://blog.sunnypixels.com/) who worked on this, and she suggested checking the PDF compatibility button before exporting. Does your file have that option?
Thanks,
Kirupa :)
Thanks,
Kirupa :)
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ca_immigrant
05-10 11:40 AM
I use SBI and it is good. My Vote is for SBI .
SBI - Global Link Services (http://remit.onlinesbi.com/)
I too vote SBI.....do not use ICICI...
I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....
(sorry to go off topic)
BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)
=http://www.globalresearch.ca/index.php?context=va&aid=10489
SBI - Global Link Services (http://remit.onlinesbi.com/)
I too vote SBI.....do not use ICICI...
I have always used ICICI in the past...and recently started using SBI....they pay slightly more exchange rate than ICICI...and moreover it is a national bank....makes me feel good to use SBI compared to ICICI....
(sorry to go off topic)
BTW...talking of Banks....I just rencely knew that the FED Bank in the US is privately owned....(might be old info for many...but not for me)...
so here money is printed and lended out to the US by someone private...(Rothschild family, if you have not heard of them google the name)
=http://www.globalresearch.ca/index.php?context=va&aid=10489
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harrydr
01-06 08:05 AM
Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.
So just wanted to understand if this was even legally possible.
So just wanted to understand if this was even legally possible.
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guygeek007
07-31 11:03 PM
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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srikanthmavurapu
08-16 12:29 PM
Hi ,
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
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mmanurker
04-13 11:48 AM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
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shreekarthik
06-10 05:56 PM
Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
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mihird
07-12 10:17 AM
This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.....
Dude, the whole system is setup and organized wrongly deliberately..
In the guise of fairness and promoting racial diversity, the system is deliberately setup so that countries that supply most labor backlog all the time....
Phillippines for healthcare workers
Chindia for technology workers
Mexico for low skilled workers
This gives businesses that employ the imported labor the opportunity to exploit the employees at will.
There are always unused visa numbers and oversubscribed countries in the system all the time...this gives politicians the leeway to throttle immigration as they want...through the DOS bulletins...the July fiasco was just an extreme example of this practice....
Even if a point based system is brought in, the per country fixed quotas will not go away....and thus the retrogression will continue....yes, you qualify through the point based system, but since a lot more from your country qualify too...you go the end of the line...
Dude, the whole system is setup and organized wrongly deliberately..
In the guise of fairness and promoting racial diversity, the system is deliberately setup so that countries that supply most labor backlog all the time....
Phillippines for healthcare workers
Chindia for technology workers
Mexico for low skilled workers
This gives businesses that employ the imported labor the opportunity to exploit the employees at will.
There are always unused visa numbers and oversubscribed countries in the system all the time...this gives politicians the leeway to throttle immigration as they want...through the DOS bulletins...the July fiasco was just an extreme example of this practice....
Even if a point based system is brought in, the per country fixed quotas will not go away....and thus the retrogression will continue....yes, you qualify through the point based system, but since a lot more from your country qualify too...you go the end of the line...
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nlssubbu
10-08 08:12 PM
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
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andycool
01-27 07:13 AM
Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.
Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.
Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.
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nirdlalegcade
02-26 12:37 PM
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
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rockstart
03-11 09:43 AM
Isnt Labor & I 140 property of the employer and labor can be transferred to some one else (not allowed now but was in past) the employee comes into picture only at the 485 stage and that is when the intent should be looked into. Its a pretty complicated question so lawyer is the best person to answer.
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cool_guy_onnet1
06-01 01:56 PM
If we can generate decent noise on 7K "active" members, 50K with "Don't touch my cheese mentality" can create a whole lot! Lets not kick the wall and try to find the door!
i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?
i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?
"Board Members
Kim Berry (Sacramento, CA)
Valerie Chau (San Diego, CA)
John Miano (New Jersey)
Mark Powell (Westminster, CA)
(three openings)
Officers
President: Mr. Kim Berry (Sacramento, CA)
Secretary: (open)
Treasurer: John Miano (New Jersey)
Membership Chairman: Valerie Chau (San Diego, CA)
V.P. Governmental Relations: Mark Powell (Westminster, CA)
Newsletter Editor: Open
Newsletter Coeditor: Open
V.P. Public Relations: Open
V.P. Advertising: Open
Press Releases: Open
Assistant webmaster: Open
(If you would like to contribute to our cause in another way, please contact us.)
The Programmers Guild is incorporated "
i dont get it...how come programmers guild gets a say in everything when they cant even get members to join or to even get people to be on their board of directors?
i have not seen one resume of an american tech worker that lists programmers guild as an association they belong to. Still.. how to they get solicited for opinions every day and Kim Berry keeps using strong rheotric to influence public opinion? What about his war on legal immigrants?
"Board Members
Kim Berry (Sacramento, CA)
Valerie Chau (San Diego, CA)
John Miano (New Jersey)
Mark Powell (Westminster, CA)
(three openings)
Officers
President: Mr. Kim Berry (Sacramento, CA)
Secretary: (open)
Treasurer: John Miano (New Jersey)
Membership Chairman: Valerie Chau (San Diego, CA)
V.P. Governmental Relations: Mark Powell (Westminster, CA)
Newsletter Editor: Open
Newsletter Coeditor: Open
V.P. Public Relations: Open
V.P. Advertising: Open
Press Releases: Open
Assistant webmaster: Open
(If you would like to contribute to our cause in another way, please contact us.)
The Programmers Guild is incorporated "
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digmetalq
04-23 03:04 AM
The damage is already done, so now why would they care about any immigration laws, legal or illegal, I pray everyday, for that one day all the xenophobics jumping the fence, because the way I see it no ILLEGAL drugs will be available unles you live in Detroit , the supply and demand will cause them to start a new visa program, which the xenophobics will support overwhelmingly.
neoneo
07-17 12:49 AM
Hi,
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
W-2 is the form you would have received from your employer. Against which you field your tax returns. relax and send both. W2- says what you've earned. Tax returns explains what IRS has earned on you. Everyone's happy.
there are cases where people earned W2 but did not pay tax differences ie did not file returns.
Well, some of this maybe extra information. Basically the attorney is trying to play safe.
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
W-2 is the form you would have received from your employer. Against which you field your tax returns. relax and send both. W2- says what you've earned. Tax returns explains what IRS has earned on you. Everyone's happy.
there are cases where people earned W2 but did not pay tax differences ie did not file returns.
Well, some of this maybe extra information. Basically the attorney is trying to play safe.
vinayskadam
11-29 08:18 PM
Thanks for the Reply and I had called up the USCIS and they had asked me to send a letter for correcting the information. I have sent the letter now along with the supporting documents. Hope evverything goes fine.
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