s_r_e_e
08-25 10:43 AM
had same issue when i applied, last july. Attorney said H4 receipt missing shouldnt be a problem.
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nt07
11-08 09:37 AM
My I-485 is pending, was filed in July, 07. My PD is June, 04 (EB2 India). I-140 is approved. I have to leave the US for a year to work on an expat assignment beginning last week of December, 07. I have my EAD and AP. Also, I am on a valid H1-B until May, 2008 but will be applying for an extension until May, 2009.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
Please let me know your thoughts if it would be ok for me to leave the US for a continuous period of one year while my I-485 is pending? I plan to renter the US on H-1B and not EAD/AP.
Also, does one need to be physically present in the US to renew EAD and AP? My EAD and AP will expire in September, 07 but will I be able to renew them when I am back in Jan,09?
For the period I am gone, do I need to pay any taxes on my foreign-earned income if I am going to a jurisdiction with which India has a favorable tax treaty? If my I-485 is pending but I am not working in the US, I do not need to pay taxes for the income earned abroad if I do not meet the "substantial prsence test" (183 days)?
Any thoughts will be much appreciated.
Thanks.
vdixit
07-23 07:29 PM
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
THis was published sometime today. THis may answer a lot of questions people may have.
THis was published sometime today. THis may answer a lot of questions people may have.
2011 Keira Knightley appeared in
loku
08-16 07:41 AM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
more...
pcsim6770
12-20 07:27 AM
thank you so much for the reassurance, have been getting mixed reports of immigration officers denying re-entry, so am a little perturbed :) dont want to be stuck in a situation where i cannot re-enter :)
peppa
08-17 10:59 AM
HI
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
more...
waiting4gc02
02-28 02:33 PM
On the VFS site it lists the following docs:
Spouse / Dependent Children
1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
The one that stands out is #4.
Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??
Thanks
Spouse / Dependent Children
1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
The one that stands out is #4.
Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??
Thanks
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number30
08-23 07:26 PM
Hi
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
I am currently on H1b and I have applied for an extension around July 14th. My i-94 is expiring on
Sept 20th. My husband is currently on F-1. I wanted to find out in case my H1b visa is rejected, will
I have to immediately leave the country. Would it be possible for me to convert to F-2 while being in US
in case my H1-B gets rejected?
Convert H1 into Premium. You need to get the results before Sept-20. So that you can apply for F2 visa.
more...
lfadgyas
04-16 01:55 PM
I'm in the process about to use "AC21"
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
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amindarshana
11-30 11:17 AM
Somebody please reply..
Still waiting for receipt.
Still waiting for receipt.
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bhanukumar
02-28 01:25 AM
Thanks for the reply roseball. My question is the new I-94 number that I got with I-797 does not match with what was given at POE but it matches with my husband's old I-94 (which is because of the error when applying).
Is this something we need to apply for correction to match with my old I-94 number which was given at POE?
Is this something we need to apply for correction to match with my old I-94 number which was given at POE?
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westh1b
04-11 11:05 PM
Can any one please guide me that how to file complaint to DOL against his body shopper?
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gman
04-30 09:43 AM
Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.
Thanks in advance.
Thanks in advance.
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Rockford
06-24 12:57 AM
Whats your point? This is not a medical forum :)
BTW, its PPD test and I know quite a few people of Indian origin who had to go for the X-ray. Follow some of the other threads on this forum as well.
You are little too quick my friend, I did not complete my post by the time you replied. I wasn't sure that others can see my post while I was still creating (typing) my poll.
I am trying to get a sense of how many people are getting positive reaction. I am hoping this thread might give exposure about people harassed by uninformed or under informed civil surgeons/ health dept officials about the impact of BCG on PDP test. I see different interpretation of test results.
BTW, its PPD test and I know quite a few people of Indian origin who had to go for the X-ray. Follow some of the other threads on this forum as well.
You are little too quick my friend, I did not complete my post by the time you replied. I wasn't sure that others can see my post while I was still creating (typing) my poll.
I am trying to get a sense of how many people are getting positive reaction. I am hoping this thread might give exposure about people harassed by uninformed or under informed civil surgeons/ health dept officials about the impact of BCG on PDP test. I see different interpretation of test results.
more...
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nousername
11-03 09:20 PM
WOW, since May 2007.. This is F***E* BS man, sorry to hear about this.
I would suggest switching your application to premium processing. I did that back in 2006 for my 6th year H1 renewal. It might cost additional $$$ but I guess it is well worth it.
Good luck.
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
I would suggest switching your application to premium processing. I did that back in 2006 for my 6th year H1 renewal. It might cost additional $$$ but I guess it is well worth it.
Good luck.
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
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Humhongekamyab
10-29 02:34 PM
Mine charged $750.
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anilsal
01-28 10:55 PM
the change in salary ($76K to 120K) is a cause for concern. It depends how long ago you filed your labor. If it has been greater than 5 years, IMO the salary change may be ok. Rather than the titles, the job duties have to reasonably match.
-------
Not a lawyer
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Not a lawyer
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buehler
12-13 06:06 PM
Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
ssdtm & laksmi,
Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.
Can I still get my pay from my H1 job or should I wait for EAD approval?
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
ssdtm & laksmi,
Thanks for your replies. I am still working for my H1 job. But I did use my EAD for some time to do a part time job. I have not done any part time work since the EAD expired.
Can I still get my pay from my H1 job or should I wait for EAD approval?
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maugli
03-19 03:15 PM
Hi Sir,
I have a question regarding H1B transfer and should I go premium processing or not?
Here is my case:
I was laid of from Company A (not consulting) last week. I have all my past pay stubs. That was total shock to me and got me off-guard.. It took me few days to find a consulting company B which is willing to transfer my H1B.
As any big company, A is quite prompt in sending revoke letter so I would assume they would be already doing it by now. Company B will be sending transfer papers tomorrow(Friday) or Monday.
My question is should I go with Premium Processing or not? I just dont want to take any risk where USCIS denies my case. Is premium processing going to help me here or not.
Thanks a lot in advance.
Regards.
I have a question regarding H1B transfer and should I go premium processing or not?
Here is my case:
I was laid of from Company A (not consulting) last week. I have all my past pay stubs. That was total shock to me and got me off-guard.. It took me few days to find a consulting company B which is willing to transfer my H1B.
As any big company, A is quite prompt in sending revoke letter so I would assume they would be already doing it by now. Company B will be sending transfer papers tomorrow(Friday) or Monday.
My question is should I go with Premium Processing or not? I just dont want to take any risk where USCIS denies my case. Is premium processing going to help me here or not.
Thanks a lot in advance.
Regards.
krishmunn
05-03 10:45 AM
You do need an H1 amendment. Had you applied for an LCA prior to starting your work in the new location, an amendend H1 would not have been required. But since you have already started working, you will need a new LCA and a new H1
kodey7
12-10 12:00 PM
Thanks beuhler.
Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
http://newdelhi.usembassy.gov/nivconsdist.html
So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.
In your case, was it an emergency appointment or a regular one ?
Thanks.
Yes, I have been residing in the US for several years now. I was not sure if the consular districts are determined based on the state of current residence or based on the state of my permanent address in India or state that issued my passport. After reading your reply, I looked up what the embassy "loosely" defines consular district as at :
http://newdelhi.usembassy.gov/nivconsdist.html
So it does state that US residents can apply for the NIV at any of the four consulates. So does this mean that their emergency appointment requirement of being from the New Delhi consular districts applies only to residents of India and not residents in the US ? This seems subject to interpretation.
In your case, was it an emergency appointment or a regular one ?
Thanks.
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