shiankuraaf
01-06 09:30 AM
I gave you RED for a misleading title for this thread. Be nice and clear.
Thanks for the REDs and as well the GREEN. Appreciate OP for changing the title and gave a green.
Regarding prediction: No change what so ever.
Thanks for the REDs and as well the GREEN. Appreciate OP for changing the title and gave a green.
Regarding prediction: No change what so ever.
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kondur_007
02-23 07:11 PM
Well, in the middle of negative comments, I have something positive to add here.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
chandler_vt
04-30 08:17 AM
Where did you get this info? Could you please point out a reference that says so?
You have to think about it in these terms.
1) Say you show the experience. Then it means you were working in US while being on h4. It doesn't matter if you received salary here or not. Like say if some VP of infosys comes to US for a meeting, he is getting his salary in India. But he is here on proper visa to do his work.
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
Someone mentioned a British citizen gets paid in pounds while she works in Cali. See my example of Infosys VP. Its important to know which visa she has. I m sure she won't be on H4.
You have to think about it in these terms.
1) Say you show the experience. Then it means you were working in US while being on h4. It doesn't matter if you received salary here or not. Like say if some VP of infosys comes to US for a meeting, he is getting his salary in India. But he is here on proper visa to do his work.
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
Someone mentioned a British citizen gets paid in pounds while she works in Cali. See my example of Infosys VP. Its important to know which visa she has. I m sure she won't be on H4.
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mnkaushik
10-14 12:19 PM
It does not matter once you get your green card. Those restrictions are till you get the green card. For now, she has no restrictions. But as the person earlier pointed out if she applies for your gc, it will take 5 years if she is just green card holder but it will only take 6 months to a year, if she is a citizen.
Now, if you both decide to live outside of US, then you need to look into what are the residency requirements for her to keep her green card status. If that is of interest to you.
Now, if you both decide to live outside of US, then you need to look into what are the residency requirements for her to keep her green card status. If that is of interest to you.
more...
sri1309
01-10 10:51 AM
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.Will you start looking at expert atttorneys spending 1000s of $s. Will you have to return back??.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just imagine you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
FinalGC
07-19 08:13 AM
I would also suggest to take an infopass and request for MTR - Motion to Reopen the case...to evaluate the decision. Go ahead and apply for 485 and do MTR, simultaneously.
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kumarc123
05-22 04:32 PM
Hello All,
In Interesting article/Video posted by Yahoo Finance
Contrary to popular opinion and the view of many politicians, the "brain drain" issue on Wall Street is real, says Dave Kansas, author of "The End of Wall Street as We Know It."
Kansas, a Wall Street Journal contributing editor, notes the concurrent trends of foreign-born workers returning to their home countries and Wall Street's homegrown "risk-takers" joining smaller firms or opening their own boutiques.
In other words, when CEOs like Morgan Stanley's John Mack and Citigroup's Vikram Pandit complain about the risk of losing the "best and brightest" if the government imposes onerous restrictions on compensation, there's validity to their claims, Kansas says.
These trends - compensation restrictions, the rise of boutique firms, more competition from international competitors and big shops becoming more risk-averse - come in the wake of a largely self-made cataclysm that hit Wall Street in the past 18 months.
And Kansas notes it's "early innings" in terms of both the industry's transformation and the new regulatory environment that's certain to come down the D.C. beltwa
ARTICLE CAN BE ACCESSED AT:
http://finance.yahoo.com/tech-ticker/article/253392/The-New-Wall-Street-%22Brain-Drain%22-Threat-Legit-as-Boutiques-Foreign-Firms-Rise?tickers=GS,JPM,MS,C,XLF,FAS,DB?sec=topStories&pos=9&asset=&ccode=
MY QUESTION TO YOU ALL
Do you think the govt will do something soon about this? Can we expect a merit based point system in the new CIR? Does anyone has information on merit system in new CIR?
Please advise.
Thank you
In Interesting article/Video posted by Yahoo Finance
Contrary to popular opinion and the view of many politicians, the "brain drain" issue on Wall Street is real, says Dave Kansas, author of "The End of Wall Street as We Know It."
Kansas, a Wall Street Journal contributing editor, notes the concurrent trends of foreign-born workers returning to their home countries and Wall Street's homegrown "risk-takers" joining smaller firms or opening their own boutiques.
In other words, when CEOs like Morgan Stanley's John Mack and Citigroup's Vikram Pandit complain about the risk of losing the "best and brightest" if the government imposes onerous restrictions on compensation, there's validity to their claims, Kansas says.
These trends - compensation restrictions, the rise of boutique firms, more competition from international competitors and big shops becoming more risk-averse - come in the wake of a largely self-made cataclysm that hit Wall Street in the past 18 months.
And Kansas notes it's "early innings" in terms of both the industry's transformation and the new regulatory environment that's certain to come down the D.C. beltwa
ARTICLE CAN BE ACCESSED AT:
http://finance.yahoo.com/tech-ticker/article/253392/The-New-Wall-Street-%22Brain-Drain%22-Threat-Legit-as-Boutiques-Foreign-Firms-Rise?tickers=GS,JPM,MS,C,XLF,FAS,DB?sec=topStories&pos=9&asset=&ccode=
MY QUESTION TO YOU ALL
Do you think the govt will do something soon about this? Can we expect a merit based point system in the new CIR? Does anyone has information on merit system in new CIR?
Please advise.
Thank you
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sent4dc
06-19 12:34 PM
Thanks! Sounds like there shouldn't be a problem.
Just curious though. Say, if someone's parent gives up their green card like that and then later in life we decide to bring them over (to US) due to health concerns/age/etc., do you think, would there be a problem to apply for a green card again?
Just curious though. Say, if someone's parent gives up their green card like that and then later in life we decide to bring them over (to US) due to health concerns/age/etc., do you think, would there be a problem to apply for a green card again?
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anuh1
03-16 04:15 PM
Mine was filed 2nd week of Feb and still waiting .....
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smuggymba
09-30 03:04 PM
mods - please delete
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barun1978
10-29 09:19 PM
I had my stamping this week in chennai for H1-B (7th year). I work for a reputed company and direct employee with no clients etc... This was my second stamping at this consulate, they asked for I-129 (which was perfect with all the docs provided to USCIS by the attorney) , W2 and employee verification letter. The consular was specifically trying to determine whether there was any vendor or client ,once she determined there was not any the visa was approved and got my passport in 3 days. But i noticed a lot of ppl had tough time if they were working as contractors.
PS : the photos taken at costco are rejected by VFS, better is to get a PPhoto in india or at the consular office. This will save the last minute hassle.
PS : the photos taken at costco are rejected by VFS, better is to get a PPhoto in india or at the consular office. This will save the last minute hassle.
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sbmallik
05-14 09:41 AM
Gaithersburg, Rockville, Deerwood or Aspen Hill
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MetteBB
05-11 01:57 PM
O... how about this one ?
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gsc999
09-05 07:07 PM
I will be there. Do you know why they made all cases current in june if they have that much of a backlog. Amr Diab is some good music right there. Did you go to Sharm
---
That was supposedly a procedural issue between Dept. of State (DOS) and USCIS. The way the DOS releases visa numbers and procedure USCIS follows to utilize them. Read this blog by one of the IV core members for more details: http://nixstor.blogspot.com/2007/06/how-does-july-2007-visa-bulletin-became.html
I stayed in Al Asarma Ramadan City for work. Went to Iskenderiya not Sharm.
---
That was supposedly a procedural issue between Dept. of State (DOS) and USCIS. The way the DOS releases visa numbers and procedure USCIS follows to utilize them. Read this blog by one of the IV core members for more details: http://nixstor.blogspot.com/2007/06/how-does-july-2007-visa-bulletin-became.html
I stayed in Al Asarma Ramadan City for work. Went to Iskenderiya not Sharm.
more...
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krajani2007
08-15 11:25 AM
I work for company A. I found a project for myself with X through another company B. (The end client is X and the middleman is B. My company A has contract with company B NOT WITH company X (end client)
I have an offer from end client X and my company is in the process of suing me in Virginia as I have a non-compete agreement not to work for client/end client or client's end client.
Has anyone come across such situation. Please help me.
I work on hourly rates and don't get paid if I am on bench. Can this be used nullify the contract as this is not legal on H1.
I have an offer from end client X and my company is in the process of suing me in Virginia as I have a non-compete agreement not to work for client/end client or client's end client.
Has anyone come across such situation. Please help me.
I work on hourly rates and don't get paid if I am on bench. Can this be used nullify the contract as this is not legal on H1.
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a_yaja
07-18 09:24 AM
I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.
I would advise you to file in July. Although USCIS says it will accept application till Aug 17th, in theory they could reject your application saying that your priority date is August. It would be heartburn for you all over again. If you can explain what your "minor" problems are, perhaps some of us could suggest a way out.
Good Luck on your filing and hope you make the July deadline.
I would advise you to file in July. Although USCIS says it will accept application till Aug 17th, in theory they could reject your application saying that your priority date is August. It would be heartburn for you all over again. If you can explain what your "minor" problems are, perhaps some of us could suggest a way out.
Good Luck on your filing and hope you make the July deadline.
more...
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gc_check
07-02 10:00 AM
Folks, Please share any updates if received from your attorney's pertaining to this July VB revision rumors and confusion. This will assist in getting some updates for guys like me and other members you have little or no communication with attorney/legal department after submission of our documents. We are just hoping they took care...
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freeskier89
02-09 03:37 PM
It's all good.
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.Haha ya unfortunately text can't quite convey as much as real communication and can make some really awkward mix-ups at times lol. Aww thanks man! :)
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.Haha ya unfortunately text can't quite convey as much as real communication and can make some really awkward mix-ups at times lol. Aww thanks man! :)
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Steve Mitchell
March 20th, 2004, 02:50 PM
Here's an "almost great one....doggone ref was in the way. That's the blur at the bottom left.
http://www.dphoto.us/forumphotos/data/543/1maskedman.jpg
http://www.dphoto.us/forumphotos/data/543/1maskedman.jpg
abc
11-06 06:09 PM
No need to register PIO kid till 15 years of age.
InTheMoment
02-22 10:54 AM
The best recourse would be to pay the $100 or so and ask a qualified attorney; but from the J-1 cases of friends that I had seen closely here is what I can say:
2.) This unfortunately, I have understood you cannot do without the 2yr residency requirement
3.) Yes, possible
4.) Yes
5.) It needs a lot of planning to fit in the waiver categories whether Conrad 20 state/federal interested agencies. If by some chance it gets messed up, you HAVE to goback for 2 years, irrespective of the fact that you are a benificiary on your husband's Immigration petition. In fact that was the reason my wife went for a H1 sponsoring hospital.
www.o-1eb-1j-1waiverlawyer.com I find is a well known attorney specializing in Physician immigration issues.
2.) This unfortunately, I have understood you cannot do without the 2yr residency requirement
3.) Yes, possible
4.) Yes
5.) It needs a lot of planning to fit in the waiver categories whether Conrad 20 state/federal interested agencies. If by some chance it gets messed up, you HAVE to goback for 2 years, irrespective of the fact that you are a benificiary on your husband's Immigration petition. In fact that was the reason my wife went for a H1 sponsoring hospital.
www.o-1eb-1j-1waiverlawyer.com I find is a well known attorney specializing in Physician immigration issues.
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