GCNirvana007
10-08 05:05 PM
GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term
But there is one way around it, join employer A and get yourself fired from the job then you're fine.
HTH
kris
Non-complaince only if i signed any saying i will be joining them after my GC or its by default?
But there is one way around it, join employer A and get yourself fired from the job then you're fine.
HTH
kris
Non-complaince only if i signed any saying i will be joining them after my GC or its by default?
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leoindiano
08-28 03:00 AM
Admin Dudes,
I contributed $600 dollars so far and i have no access to Donor Forums. Please fix this.
Thanks
I contributed $600 dollars so far and i have no access to Donor Forums. Please fix this.
Thanks
Canadian_Dream
03-20 01:31 PM
IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
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tonyHK12
10-04 02:45 PM
The problem with accounts in India is the requirement to declare it here.
I don't think so, only Green cards and citizens are taxed on world wide income.
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.
I don't think so, only Green cards and citizens are taxed on world wide income.
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.
more...
perm2gc
11-08 07:57 PM
SUMMARY OF PROVISIONS FOR EXTENDING H-1B VISA STATUS
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
Are you advertising your Law Office on the message board...????
PAST THE PERMISSIBLE 6 YEARS OF H-1B STAY
________________________________________
1. AC21 104 (c) - Approved I-140 Petition = Extension of H-1B Visa Status in 3 Year Increments.
� Under Section 104 (c) of AC21, the beneficiary of an approved I-140 who is prevented from filing an adjustment of status application due to application of worldwide OR per-country limitations may be granted an extension of H-1B visa status in 3 year increments pending eligibility to apply for adjustment of status.
� There is no requirement that the foreign citizen have a Labor Certification or immigrant visa petition pending for one full year prior to the expiration of the foreign citizen's 6th year of H-1B visa status.
� However, there MUST be an approved I-140 to access this benefit.
� This benefit does not apply to dependents who have reached 21.
2. AC21 106 (a) - Pending Labor Certification or
Employment Based Immigrant Visa Petition = Extension of H-1B Visa Status for 1 Year.
� Section 106 (a) of AC21 permits H-1B non-immigrants to obtain an extension of H-1B visa status beyond the 6-year maximum period, when:
(a) 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the foreign citizen to obtain status as an EB immigrant; or
(b) 365 days or more have passed since the filing of an EB immigrant visa petition.
� Extensions may only be granted in one-year increments, but may be requested on a single (combined) extension request for any remaining time left in the initial 6-year period.
� Must establish that the above criteria were or will be met either on or before the requested start date on the H-1B extension application.
� Thus, a foreign citizen is eligible for an extension of H-1B visa status beyond the 6th year as long as either the qualifying labor certification application or I-140 immigrant petition has or will have been pending for at least 365 days prior to the foreign citizen�s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period.
� If the foreign citizen would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
� A request for an H-1B extension beyond the 6-year limit should not be denied on the sole basis that an I-140 petition has not yet been filed.
Are you advertising your Law Office on the message board...????
bidhanc
03-07 10:28 AM
You will get an RFE from USCIS.You can reply to the RFE with the Medicals.
Hi,
Yes, I am aware that once we get the RFE we could/should send the Medical papers.
My Q is more of pro-actively sending in the Medical Papers as they will expire by June 2008 and we are not sure that there will be an RFE before that.
Thanks
Hi,
Yes, I am aware that once we get the RFE we could/should send the Medical papers.
My Q is more of pro-actively sending in the Medical Papers as they will expire by June 2008 and we are not sure that there will be an RFE before that.
Thanks
more...
vandanaverdia
09-10 02:59 PM
Thanks drona for your support!
Fellow Washingtonians & Oregonians, please join in & support the cause....
Fellow Washingtonians & Oregonians, please join in & support the cause....
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pd2001_12
09-15 01:42 PM
I got past strip bars or junk like that long time back... I am going to do something similar to what you said. I am going to become more responsible citizen and would start enjoying life more..
First thank GOD for pulling you out of this mess.
Instead of blowing the money in strip bar or any place like that, send it to India and ask them feed any orphans. You will be blessed more......
First thank GOD for pulling you out of this mess.
Instead of blowing the money in strip bar or any place like that, send it to India and ask them feed any orphans. You will be blessed more......
more...
averagedesi
08-27 08:24 PM
The only way I got to a rep is not choosing any option, the system assumes you are on rotary dial and connects you to a human
hair Cute Baby
amitjoey
05-28 12:27 PM
Greatly apprecite if anyone can give their inputs...
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?
So my query is...
1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).
Any inputs will be greatly apprecited....
PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
In the meantime, get 3 years extension on your H1, based on approved I140.
Check w/lawyer.
more...
milind70
04-07 05:44 PM
I drove to Canada for H1-visa stamp renewal a few weeks ago and was surprised that Canada Immigration did not ask for my I-94 at point of entry.
I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
I am not worrying about it at all.
I think when travel to with North America(Canada & Mexico) you need not submit you current I 94 if you are going to reneter within 30 days of your exit.
I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
I am not worrying about it at all.
I think when travel to with North America(Canada & Mexico) you need not submit you current I 94 if you are going to reneter within 30 days of your exit.
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485Mbe4001
12-17 06:20 PM
Look at the EB3 dates for Mexico for the last 4-6 months, they were all beyond april 2001 and still stuck for 4 months with little movement. Most people think that April 2001 sounds like a beacon of hope or a major hurdle after which things will be normal and we will start getting the GCs, i dont know how you can say EB3 moved fast, and for desis its a long long wait.
Now the biggest hurdle of Apr 30, 2001 is crossed. I am sure that not many people has filed between Sep 2001 and February 2002. Also if you look into PD for China and Phillipines, the dates moved very fast after June 2001. Lot of people applied in late 2002 and early 2003. My guess would be that it will take about 3 to 4 years to clear all the backlogs of 2003. For 2004 it may be over 5 years.
Now the biggest hurdle of Apr 30, 2001 is crossed. I am sure that not many people has filed between Sep 2001 and February 2002. Also if you look into PD for China and Phillipines, the dates moved very fast after June 2001. Lot of people applied in late 2002 and early 2003. My guess would be that it will take about 3 to 4 years to clear all the backlogs of 2003. For 2004 it may be over 5 years.
more...
house Cute Baby
Kapils573
10-07 03:07 PM
I had a OHIO driver's license for last 5 yrs and moved as a consultant. I worked in Memphis,Texas and PA. I did not change my OHIO license in Memphis and Texas as the duration of the projects were short. Finally I did change to PA drivers license. When I did change to PA driver's license ,I took with me my apartment lease copy, Telephone bill, H1B-I797 and OHIO driver's license.
I was able to change it to PA driver's license. Maybe if u show more supporting documents , or go to another license bureau in Maryland they will change the license for u
Hope that helps
Kapil
I was able to change it to PA driver's license. Maybe if u show more supporting documents , or go to another license bureau in Maryland they will change the license for u
Hope that helps
Kapil
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bob2007
07-18 12:11 AM
Anybody knows how USCIS will process un signed I-140 Petition? I filed for Labor substituion and I-140. I forgot to sign the I-140 petition.
May I know the implications of this? What all are the possibilities ? Will they reject the application?
May I know the implications of this? What all are the possibilities ? Will they reject the application?
more...
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sodh
07-27 04:39 PM
Did you put in your A# OR THE Petition Number 3 in that form. Please respond.
Sorry for answering out of turn,
Allien# none, that is if you dont have it, this dose'nt matter.
Petetion # will be your I-140 number, that is if you have applied for one,
Sorry for answering out of turn,
Allien# none, that is if you dont have it, this dose'nt matter.
Petetion # will be your I-140 number, that is if you have applied for one,
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Canadian_Dream
01-18 05:01 PM
The contrast correct, however the math behind is slightly wrong:
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.
Read below and find it yourselves
A) What does it cost for average family of 3 for EAD and AP renewals?
EAD Renewal Fees Form I-765 - $340
AP - Renewal - $305
Document Mailing/Correspondence - $ 30
Photographs cost - $24
------------------------------------------
Total per person - $699
------------------------------------------
For 3 years, $2097/ person
------------------------------------------
For 3 applicants in a family - $6291
------------------------------------------
Driving Fees Renewal 3 times - $120 per family
If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
New I-9 forms to employer and all other mess $10
Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.
B) Contrast this with the effort to participate in the IV Campaign..
Time that will take to write these letters - 30 minutes
Stamp and Envelope Cost - $2
Which is better? Red or Green. Do the math yourselves and see the truth.
Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..
Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595
Special Instructions :
If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.
You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D
So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.
Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.
Read below and find it yourselves
A) What does it cost for average family of 3 for EAD and AP renewals?
EAD Renewal Fees Form I-765 - $340
AP - Renewal - $305
Document Mailing/Correspondence - $ 30
Photographs cost - $24
------------------------------------------
Total per person - $699
------------------------------------------
For 3 years, $2097/ person
------------------------------------------
For 3 applicants in a family - $6291
------------------------------------------
Driving Fees Renewal 3 times - $120 per family
If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
New I-9 forms to employer and all other mess $10
Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.
B) Contrast this with the effort to participate in the IV Campaign..
Time that will take to write these letters - 30 minutes
Stamp and Envelope Cost - $2
Which is better? Red or Green. Do the math yourselves and see the truth.
Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..
Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595
more...
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krishna_brc
02-09 05:17 PM
Link - The link is not working..
Krishna/Sri, could you give me the correct link.
Thanks Krishna / Sri for very useful information. I will try this option before the other ones.
Thank you very much.
"www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection"
Thanks,
Krishna
Krishna/Sri, could you give me the correct link.
Thanks Krishna / Sri for very useful information. I will try this option before the other ones.
Thank you very much.
"www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection"
Thanks,
Krishna
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MAEB2TR
09-04 10:42 AM
I heard that too. If your attorney feels confident, then proceed with the filing.
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hyderabad123
04-27 08:08 AM
Hi mhssatya,
Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.
I had interview on Mar 30th on I-485 Interview,
Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.
Before itself I moved new employer uncer AC 21 portability.
We applied MTR on I-485 and thet is approved.
After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.
Thanks
Better to hire local attorney, you guys can go at one time for an interview. Please do keep me posted after the interview.
I had interview on Mar 30th on I-485 Interview,
Earlier we got an denial on I-485 bcz of withdrawn my approved I-140 from Previous Employer.
Before itself I moved new employer uncer AC 21 portability.
We applied MTR on I-485 and thet is approved.
After that we recieved interview letter. The interview was Good, end of the interview, the officer told us, that will review again, if any docs needed will let you know with in 2 weeks.
Still didnt recive any response. Can you guys please do advice on my case, can i call to customer care on my case or better to go take an info pass.
Thanks
sunny1000
10-09 08:29 PM
I would appreciate if someone can help me with a link to how to post this question as a new post. I do not want to hijack this thread :o
goto "forums" on the top left (next to "home"). Once in the "forums" page, click on "Non-immigrant visa"->"all drivers license issues posted here" and post your query.
hope that helps.
goto "forums" on the top left (next to "home"). Once in the "forums" page, click on "Non-immigrant visa"->"all drivers license issues posted here" and post your query.
hope that helps.
ajcates
10-13 10:33 AM
oh.
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