joshraj
10-11 03:28 PM
Thanks Shirish :)
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raysaikat
10-10 11:26 AM
Thank you!
I am not quiting my company but I am moving to India. In that case what will happen ?
Your valuable inputs are greatly appreciated.
Thank you very much!
I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.
I am not quiting my company but I am moving to India. In that case what will happen ?
Your valuable inputs are greatly appreciated.
Thank you very much!
I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.
kenpat
03-09 07:57 PM
Guys I hear you all. If you want to do something about it go to the thread 'US Housing Crisis and Employment based Green Card issues'
My original post there was
I think we should do something contrary to what everyone else is suggesting. I have been reading a lot of posts on here iv and other sites where there is talk of us shelling x amount of dollars or buying a house as a solution to help the economy which is a good thing. However on the same posts I also see contrarian views saying the economy is in bad shape and they will never want to add more immigrants its a political thing. Some of them suggested that since we have all our savings in this country with the banks and the institutions they are not going to get an added benefit other than buying up of the houses and inventory which no one wants I guess. My contrarian view is this:
We sign a proposal and send it to the congress to act on eb cases or whatever we want them to and if they dont then the immigration community should start sending back dollars to their home country. We need massive campaign and support. Think about this estimates are about 800k are waiting in labor, eb or 485 stage if we send $1000 every week from the banks institutions in the US to our own country banks it will deplete the banks reserves by 800 mln every week. How long do you think they will want this to continue in the face of a falling economy and banks with limited funds.
Another thought that comes to mind is everyone takes a day off every month on one day.
Gandhiji taught us something non cooperation and maybe thats the way forward.
Thoughts opinions are welcome�
Here are my latest comments there:
I dont know if you guys watch cnbc but there was a debate today on whether foreign workers should be allowed and one of the Guests Vivek Wadhwa a Professor at the Duke Univ in North carolina said if we let them go back can you imagine the money from Citi and Bank of america going with them and there will be a run on those banks, exactly what I have been saying they cannot afford a run on the banks. All we NEED is collective action otherwise we are all DOOMED at different times even if your 485 is pending they are finding ways to block your GC process if that is not yet evident. Join the gang or Good luck!!!
My original post there was
I think we should do something contrary to what everyone else is suggesting. I have been reading a lot of posts on here iv and other sites where there is talk of us shelling x amount of dollars or buying a house as a solution to help the economy which is a good thing. However on the same posts I also see contrarian views saying the economy is in bad shape and they will never want to add more immigrants its a political thing. Some of them suggested that since we have all our savings in this country with the banks and the institutions they are not going to get an added benefit other than buying up of the houses and inventory which no one wants I guess. My contrarian view is this:
We sign a proposal and send it to the congress to act on eb cases or whatever we want them to and if they dont then the immigration community should start sending back dollars to their home country. We need massive campaign and support. Think about this estimates are about 800k are waiting in labor, eb or 485 stage if we send $1000 every week from the banks institutions in the US to our own country banks it will deplete the banks reserves by 800 mln every week. How long do you think they will want this to continue in the face of a falling economy and banks with limited funds.
Another thought that comes to mind is everyone takes a day off every month on one day.
Gandhiji taught us something non cooperation and maybe thats the way forward.
Thoughts opinions are welcome�
Here are my latest comments there:
I dont know if you guys watch cnbc but there was a debate today on whether foreign workers should be allowed and one of the Guests Vivek Wadhwa a Professor at the Duke Univ in North carolina said if we let them go back can you imagine the money from Citi and Bank of america going with them and there will be a run on those banks, exactly what I have been saying they cannot afford a run on the banks. All we NEED is collective action otherwise we are all DOOMED at different times even if your 485 is pending they are finding ways to block your GC process if that is not yet evident. Join the gang or Good luck!!!
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easygoer
02-27 11:41 AM
Very logical answer covering all the related issues
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nozerd
09-06 04:39 PM
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
solaris27
08-15 08:58 AM
Q. How soon can I leave my petitioning employer once I get my green card approval?
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
more...
TomPlate
01-09 03:34 PM
Extrapolating the Einstein equation E =mc2 I get the following results :
EB3 June 01
EB2 Dec 2000 Your equation is wrong. It is going to be current for all EB category.
EB3 June 01
EB2 Dec 2000 Your equation is wrong. It is going to be current for all EB category.
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piyu7444
07-03 01:59 AM
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
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sunny1000
06-26 12:05 AM
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.
you can also call the USCIS CS number to see if they can help you.
Wish you luck.
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
After 90 days, if your wife's application is still pending, take an infopass appointment (there is an option in the infopass to mention EAD after 90 days) and they will expedite it. I would suggest making the appointment for the 91st day just in case.
you can also call the USCIS CS number to see if they can help you.
Wish you luck.
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NikNikon
November 14th, 2007, 01:47 PM
I've reformatted my card several times both on the D70 & D80 without issue.
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clockwork
02-02 06:15 PM
If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
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txh1b
08-18 02:48 PM
now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?
willIWill, can you please post the exact wording on your RFE regarding that point?
It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.
Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.
willIWill, can you please post the exact wording on your RFE regarding that point?
It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.
Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.
more...
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sash
06-20 01:16 AM
What do the people in the following circumstance do:
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
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looneytunezez
03-30 08:09 PM
Congratulations!!!!:D
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travellertvr
03-22 02:57 PM
hpandey,
Thank you for your reply. Yes, new H-1B comes with new I-94.
Thank you for your reply. Yes, new H-1B comes with new I-94.
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GCDelay
11-30 03:43 PM
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mysticblue
08-17 12:31 AM
I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.
Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?
4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?
5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?
Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.
Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?
4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?
5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?
Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.
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blackberry
07-30 01:59 PM
Many of us are in this situation.
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
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lagsam
04-10 11:20 PM
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.
Als one more thing "Which USCIS Office?" section which date I need to put there.
I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.
a_yaja
01-08 11:01 AM
Thank you for the quick response.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I don't think so. I applied for AP on my own - and I got only 2 copies, not three.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I don't think so. I applied for AP on my own - and I got only 2 copies, not three.
panini
06-18 04:45 PM
I totally agree!
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
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