shana04
01-21 09:29 AM
But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?l
Nothing
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21
But, once you get your GC you need to join employer A
Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)
Good luck
Nothing
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21
But, once you get your GC you need to join employer A
Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)
Good luck
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ssksubash
11-13 04:04 PM
You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
sertasheep
06-30 04:33 PM
How many of you are willing to share your name and full details of yourselves and application with the media and lawmakers?
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glores1970
09-22 08:25 AM
Hello,
Anybody has information to offer for such a case ?
Thanks.
Anybody has information to offer for such a case ?
Thanks.
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gc67890
07-28 03:55 PM
I had too.
Labor EB2 NOV 2004
I140 Approved Feb 2007
485 RD July 2nd 2007 ND Aug 10 2007
******
Contributed $200
Labor EB2 NOV 2004
I140 Approved Feb 2007
485 RD July 2nd 2007 ND Aug 10 2007
******
Contributed $200
seekerofpeace
09-04 03:30 PM
USCIS loves me yeaahhh yeaahhh yeaahhhh.....
USCIS loves me yeaahhh yeaahhh yeaahhhh......
But does not welcome me or order CP.....well .....the ordeal is not over yet......
SoP
USCIS loves me yeaahhh yeaahhh yeaahhhh......
But does not welcome me or order CP.....well .....the ordeal is not over yet......
SoP
more...
carbon
12-31 12:23 PM
.
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snathan
02-12 12:55 PM
To Whom It May Concern:
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
If I were you...I would start the PERM now and if anything goes wrong, I would go to canada and come back after a year. If I get the PERM approved, I dont have to lose anything.
You never know. When you have back up why you worry.
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
If I were you...I would start the PERM now and if anything goes wrong, I would go to canada and come back after a year. If I get the PERM approved, I dont have to lose anything.
You never know. When you have back up why you worry.
more...
qualified_trash
08-30 12:05 PM
When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
You are right. The issue is which is more important, the academic studies or the working experience.
And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.
If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.
cheers,
QT
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
You are right. The issue is which is more important, the academic studies or the working experience.
And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.
If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.
cheers,
QT
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kprgroup
04-03 04:40 PM
The RFE is about on what basis i am eligible to extend H1B?. I sent copy of my 485 receipt and MTR copy & letter from my current employer explaining my 485 is pending more than 365 days and AC21 we requested for H1 extension.I thought i am going to get only one year but ..got 3 year extension.If you need more details PM me your phone or email .Will glad to help you
Good Luck
KPR
Good Luck
KPR
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jsb
01-07 01:03 PM
The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.
Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.
At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!
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anilkumar0902
08-26 11:59 PM
got similar RFE
for application original signature
identity documents
i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
and sent it.
they received my response but havent updated my case yet...waiting for it..
please let me know anyone else has similar issues and what was the result..
These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.
Cheers
for application original signature
identity documents
i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
and sent it.
they received my response but havent updated my case yet...waiting for it..
please let me know anyone else has similar issues and what was the result..
These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.
Cheers
more...
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greatguy
08-24 05:43 PM
#2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
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rkg000
05-13 09:10 PM
This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.
When your dates become current, you can apply your spouse's 485. I am not 100% sure but you will even have a chance to apply your spouse's 485 within a month if your GC were to be approved on the very first day of dates becoming current. You can check about this with your attorney.
Usually there could be about a month's delay between your GCs.
When your dates become current, you can apply your spouse's 485. I am not 100% sure but you will even have a chance to apply your spouse's 485 within a month if your GC were to be approved on the very first day of dates becoming current. You can check about this with your attorney.
Usually there could be about a month's delay between your GCs.
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n2b
04-17 02:13 PM
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?
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gettinthere
01-08 11:37 AM
Thanks for the confirmation!
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lazycis
01-09 08:45 AM
Hi Guys
I know somany experts in this Forum
I am some problem becoz of desi company
I am working for Company A I applied GC from Company B
I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll
please help me
I have problems which everybody can understand wht problems with desi company
You cannot leave on your own and keep I-485 alive in this situation. If you get laid off, it may be possible.
I know somany experts in this Forum
I am some problem becoz of desi company
I am working for Company A I applied GC from Company B
I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll
please help me
I have problems which everybody can understand wht problems with desi company
You cannot leave on your own and keep I-485 alive in this situation. If you get laid off, it may be possible.
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GCEB2
06-25 02:07 PM
Thanks vkmurthy.
Iam on H4 visa and got my ssn just last months, can i still go out of country and come as i have valid H4 visa till 2009.
Iam on H4 visa and got my ssn just last months, can i still go out of country and come as i have valid H4 visa till 2009.
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sk.aggarwal
07-23 10:45 AM
Moonrah,
I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.
Thanks
I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.
Thanks
akhilmahajan
01-14 07:25 PM
bump.............
WillIBLucky
05-22 03:11 PM
Bill Gates testified in front of most of the important senators who wrote this bill. Even he could not make a difference. There is nothing in this bill he had asked for.
Not IV or Lobby group that IV has, can it really make a difference? There is as much as we can do and everything else becomes uncontrolable. Even IV core group are normal people like us but with connections more than us. But they have their own regular job to do as well.
So I guess we can only try calling the senators and hope they will change their mind and hope for the best. Expecting and/or trusting IV or Lobby group will really help would be sacrificial.
I am not questioning what IV does. The core group really does what is their in their hands and we should appreciate that.
Good Luck!
Not IV or Lobby group that IV has, can it really make a difference? There is as much as we can do and everything else becomes uncontrolable. Even IV core group are normal people like us but with connections more than us. But they have their own regular job to do as well.
So I guess we can only try calling the senators and hope they will change their mind and hope for the best. Expecting and/or trusting IV or Lobby group will really help would be sacrificial.
I am not questioning what IV does. The core group really does what is their in their hands and we should appreciate that.
Good Luck!
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