tnite
10-15 02:02 PM
Sorry Gurus, Couldn't figure out how to start a new thread. So posting here,
My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?
Thankx in advance.
Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.
My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?
Thankx in advance.
Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.
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hebron
04-17 12:15 AM
Hi Roseball and others, Are you sure about this atatement - "Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension."
My thought was that 3 year extension based on approved I140 can be applied only if you are with the same employer who filed your labor certification.
Could you please confirm.
One of my friends is in the same situation. His 8-th year H1 extension based on aproved labor is expiring in next two months. He has not received his I-140 yet. Now he has received an RFE for his 9-th year H1 and also his I-140. The RFE is big one and is for the employer. Since he has couple of months on his current H1-B What are his options/backup plans (if the RFE response doesn't work)
1. Would it be possible for a new employer to file his H1 for 9-th year based on approved labor? Since he doesn't have approved I-140, can he still extend his H1 with a new employer?
2. If the post by Roseball is true, my friend can respond to his I-140 RFE and apply for premium processing and hope that I-140 clears in the next two months and then based on this approval he can get 3 years H1 extension. Could anyone please confirm if this assumption is correct.
Thanks
Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....
My thought was that 3 year extension based on approved I140 can be applied only if you are with the same employer who filed your labor certification.
Could you please confirm.
One of my friends is in the same situation. His 8-th year H1 extension based on aproved labor is expiring in next two months. He has not received his I-140 yet. Now he has received an RFE for his 9-th year H1 and also his I-140. The RFE is big one and is for the employer. Since he has couple of months on his current H1-B What are his options/backup plans (if the RFE response doesn't work)
1. Would it be possible for a new employer to file his H1 for 9-th year based on approved labor? Since he doesn't have approved I-140, can he still extend his H1 with a new employer?
2. If the post by Roseball is true, my friend can respond to his I-140 RFE and apply for premium processing and hope that I-140 clears in the next two months and then based on this approval he can get 3 years H1 extension. Could anyone please confirm if this assumption is correct.
Thanks
Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....
sanjaymm
03-06 06:07 PM
I will email the scans, as soon as I get home
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akred
06-02 09:18 PM
Science, Technology, Engineering and Mathematics....
Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.
Does anyone have a list of majors included or any other information on this issue?
Thanks.
I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.
Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.
Does anyone have a list of majors included or any other information on this issue?
Thanks.
I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.
more...
meher
12-24 10:38 AM
Hi
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
unseenguy
05-16 03:14 PM
Choosing Consular processing vs AOS is a very tricky question. Lot of things come into picture:
A) Job security , stability etc. and current & future job prospects.
B) Personal situations such as whether EAD / AP benefits are required.
C) Country of chargeability.
Marking Consular process on I-140:
1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.
For those from retrogressed countries, this option is beneficial if you are far away from your PD.
For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.
Marking I485 on I-140:
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.
So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.
A) Job security , stability etc. and current & future job prospects.
B) Personal situations such as whether EAD / AP benefits are required.
C) Country of chargeability.
Marking Consular process on I-140:
1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.
For those from retrogressed countries, this option is beneficial if you are far away from your PD.
For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.
Marking I485 on I-140:
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.
So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.
more...
pappu
04-09 02:58 PM
This might help
http://immigrationvoice.org/forum/showthread.php?t=24545
http://immigrationvoice.org/forum/showthread.php?t=24545
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ndbhatt
12-03 06:27 PM
Visa recapture should be projected as corrective action of wasting approved quota of visa which would otherwise have been utilize, if not for agencies inefficiency. So it is fixative action of already approved visas that went un-utilized.
Dream Act needs fresh and prolonged discussions to understand the impact of it on USC in present economic conditions.
Dream Act needs fresh and prolonged discussions to understand the impact of it on USC in present economic conditions.
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Arjun
03-15 11:32 AM
I agree, I think you can recieve incentives, but you cannot work (as an employee) for a corporation other than the H1B sponsor. In any case, as long as you report all of your income you are fine. I do'nt think IRS checks your status to validate your income.
H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.
The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.
H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.
The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.
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arihant
03-14 02:09 PM
My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.
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michael_trs
05-13 03:35 PM
Smisachu, I agree, I need to add alternative education… thank you for your advice.
What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?
What is your experience?
What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?
What is your experience?
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avi_ny
03-09 04:11 PM
What is FOIA?
Dear members,
If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.
We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.
.....
Time is short and we need letters in the next couple of days if possible.
Dear members,
If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.
We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.
.....
Time is short and we need letters in the next couple of days if possible.
more...
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vipatel3
10-19 03:55 AM
Hi ,
Do you know anyone whose documents were sent back in error by USCIS staff on confusion over Fees increase ? How did it impact re-filing
Do you know anyone whose documents were sent back in error by USCIS staff on confusion over Fees increase ? How did it impact re-filing
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martinvisalaw
12-01 06:00 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
more...
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Rockford
09-11 10:59 AM
My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
There is no hard and fast rule but this is general trend:
Texas service center is sending EAD and AP almost along with the receipt or even before the receipt in some cases.
The NSC is sending the FP for those the notice date is around 8/10.
NSC is processing EAD for those files AOS in first week of Jun. Again as I said this is general trend. There are a few lucky Jul 2nd filers that got EAD from NSC.
FP notice will be sent to your home address with appointment details. No one knows howlong it takes to get EAD from NSC. Your guess is as good as any body else's. Hope is that some of the Huly 2 nd filers get their EADs in a month's time.
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
There is no hard and fast rule but this is general trend:
Texas service center is sending EAD and AP almost along with the receipt or even before the receipt in some cases.
The NSC is sending the FP for those the notice date is around 8/10.
NSC is processing EAD for those files AOS in first week of Jun. Again as I said this is general trend. There are a few lucky Jul 2nd filers that got EAD from NSC.
FP notice will be sent to your home address with appointment details. No one knows howlong it takes to get EAD from NSC. Your guess is as good as any body else's. Hope is that some of the Huly 2 nd filers get their EADs in a month's time.
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Administrator2
03-14 12:27 PM
I just emailed mine to info@immigrationvoice.org.
Thanks!
Thanks!
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h1gc
09-25 02:58 PM
Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..
HTH,
If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.
HTH,
If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.
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USDream2Dust
07-27 01:20 PM
I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)
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LegalIndianInUSA
06-18 10:52 PM
yes it is the red colored number on the visa stamp
My visa stamp was issued in the US (revalidation locally), which they have now stopped.
The stamp says place of issue: "DEPARTMENT".
Is that sufficient to put on the 485 ?
My visa stamp was issued in the US (revalidation locally), which they have now stopped.
The stamp says place of issue: "DEPARTMENT".
Is that sufficient to put on the 485 ?
aj1234567
10-04 06:18 PM
Hi
Any body got finger print appointment letter who filed on Aug3
Thanks
Aj
Any body got finger print appointment letter who filed on Aug3
Thanks
Aj
tselva
06-02 06:53 PM
The points for to-do-list after GC by Samswas are great..Just a little comment as I talked to my attorney now...
DON'T throw away, rather keep your I-94, as you never know, until you get citizenship, what documents you may need to show in which circumstances varifying legal status leading to GC... It is just a word of caution not to discard the I-94 but to archive safely, but he is right that we should not give it to airline official....
Best wishes to those who are waiting...
Can anyone please explain why we should not give current I-94 card to airline official (after getting GC) when you go out of the USA ?
DON'T throw away, rather keep your I-94, as you never know, until you get citizenship, what documents you may need to show in which circumstances varifying legal status leading to GC... It is just a word of caution not to discard the I-94 but to archive safely, but he is right that we should not give it to airline official....
Best wishes to those who are waiting...
Can anyone please explain why we should not give current I-94 card to airline official (after getting GC) when you go out of the USA ?