alex77
10-11 01:39 PM
If you have not used EAD then your H1B is still valid and so spouse's H4 should be valid too. If you have used EAD then your H1B is not valid and in that case, your stay becomes illegal too.
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
acecupid
06-12 03:58 PM
This is terrible news !:eek:
kcforgc
06-07 05:53 PM
It is the same here in FL. They mention it as a "TEMPORARY" licence.
Moreover, they renew it only for 1 year at a time even though my H1 is valid for 3 years. This way they get $15 each year instead of every 3 years.
Moreover, they renew it only for 1 year at a time even though my H1 is valid for 3 years. This way they get $15 each year instead of every 3 years.
Dhundhun
06-08 01:34 AM
My Job ad says: Sr Business analyst wanted ... with MS/MBA or foreign equivalent with 5 yrs exp.
I have
BSc in physics - 3 yr India degree
PG diploma in Instrumentation - 1 Yr India PG diploma
PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
PG dip in buiness admin - 1 Yr India PG dip (E learning)
MBA - 3 Yr India PG degree (E learning)
6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.
Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts
If 5 yr exp. is there, then the required exp. should match. Can you match requirement list and show matching previous exp.? If so it should be EB2 - if not then I-140 will not be approved.
This is the place lawyers provide better advise - how to match (req. vs exp.), so that they can defend case in case of RFE.
As such the job req. seems to be EB2. It has no relationship with individual. Individual have to match it.
I have
BSc in physics - 3 yr India degree
PG diploma in Instrumentation - 1 Yr India PG diploma
PG dip in marketing mgmt - 1 Yr India PG dip (E learning)
PG dip in buiness admin - 1 Yr India PG dip (E learning)
MBA - 3 Yr India PG degree (E learning)
6 yrs in healthcare, 2 yrs in sales, 5 yrs as Business analyst with Indian s/w vendor. 13 yrs in total.
Does my job ad allow me to qualify for EB2? Will I have any issues at my I-140 stage? Pls share your thoughts
If 5 yr exp. is there, then the required exp. should match. Can you match requirement list and show matching previous exp.? If so it should be EB2 - if not then I-140 will not be approved.
This is the place lawyers provide better advise - how to match (req. vs exp.), so that they can defend case in case of RFE.
As such the job req. seems to be EB2. It has no relationship with individual. Individual have to match it.
more...
lostinbeta
10-15 10:42 PM
Very excellent, I have other grunge brushes, but these will come in handy.
=)
Thanks no-tec :)
=)
Thanks no-tec :)
snathan
01-13 04:28 PM
Hello folks -
I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.
I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.
Do you think showing business income on form 1040 will have any impact on the processing of I-485?
Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.
Thank you!
What you did is unauthorised employment. You can not do anything to move forward. Keep your fingers crossed and wait...
I am currently working on H1B, and though against the rules of H1, I was doing side consulting work. As a result, I received a 1099 Misc form from the client for whom I was doing the work.
I reported the 1099 income on my Federal 1040 tax return. Now it's time to file the I-1485 with my current employer. My employer has requested me to submit my previous year tax returns along with other documents for the filing of the I-1485.
Do you think showing business income on form 1040 will have any impact on the processing of I-485?
Also, if anyone knows of a good immigration attorney I can consult with, it would be much appreciated.
Thank you!
What you did is unauthorised employment. You can not do anything to move forward. Keep your fingers crossed and wait...
more...
GC_Applicant
04-09 09:38 PM
So what is the roler of a broker/ real estate agent for a buyer.
If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.
Thanks
and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.
If I choose to deal directly with the seller, what are the things I need to do myself and can you explain the "attorney" part that you mentioned.
Thanks
and the seller basically prices it into the sale price... which why when buying next time .. i would ask to deal with the seller directly.. get an attorney to do the paperwork and diligence for $600 and ask the seller to keep 1% and give me a 5% discount.lil leg work and you save like 25k on 500k house.
GKBest
09-29 03:24 PM
Looks like an unique situation...no reply from anybody...
I'm just wondering why would they waive the fee. Are you exempt from paying?
I'm just wondering why would they waive the fee. Are you exempt from paying?
more...
a_yaja
12-16 05:45 PM
Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).
You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).
Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.
Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).
You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).
Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.
Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).
sonu_Aug_2002
07-13 11:39 AM
EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.
Please consult an attorney.
yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
Please consult an attorney.
yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?
You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.
Just want to get this right, for my own knowledge. Please clarify
more...
perm2gc
04-27 02:25 PM
Hi Gurus
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
how was the query replied ?
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
how was the query replied ?
little_willy
02-23 11:59 AM
Oh really It's a Great news! I don't know this.So if we loose job and use cobra a family can get Insurance for about $250-$300 for 9 months.Do you have any link explaining this to get some more info?
http://personalinsure.about.com/od/health/a/aa021809a.htm
The First Part of The COBRA Stimulus Plan: Reduced Premiums
The COBRA stimulus plan basically has two parts. In the first part, The COBRA stimulus plan will be able to step in and help struggling families trying to pay their COBRA benefits. People who are currently enrolled in the COBRA plan will get a 65% reduction in their premium costs. This will be a huge savings to many families struggling to keep their COBRA benefits.
Part 2: The Ability to Re-Enroll into COBRA
The second part of the COBRA stimulus plan will provide recently unemployed people the ability to re-enroll into the COBRA plan, even if they had denied coverage in the past. This will help a great amount of people who choose not to continue their health insurance through COBRA because they just could not afford it.
9 Key Details about the Cobra Stimulus Plan
1. Valid for people who were involuntarily terminated between September 1, 2008 and December 31, 2009
2. To be eligible annual income cannot exceed $125,000 for a single person and $250,000 for a couples
3. 65% of existing COBRA premiums will be subsidized by the U.S. Treasury Department
4. Subsidies will be available for up to 9 months
5. If you declined COBRA coverage after September 1, 2008 you will have the option to re-enroll into COBRA with the above subsides
6. Notices of the COBRA subsidies and re-enrollment information will be sent from the COBRA administrator (usually your previous employer)
7. Subsidies will be paid, via a refundable tax credit, directly to the COBRA administrators
8. Subsidies will terminate if the enrollee acquires a new health insurance plan through another employer or is eligible for Medicare
9. Subsidies will only apply to COBRA premiums paid after the effective date of February 17, 2009 and there will be no refund of premiums prior to this date
http://personalinsure.about.com/od/health/a/aa021809a.htm
The First Part of The COBRA Stimulus Plan: Reduced Premiums
The COBRA stimulus plan basically has two parts. In the first part, The COBRA stimulus plan will be able to step in and help struggling families trying to pay their COBRA benefits. People who are currently enrolled in the COBRA plan will get a 65% reduction in their premium costs. This will be a huge savings to many families struggling to keep their COBRA benefits.
Part 2: The Ability to Re-Enroll into COBRA
The second part of the COBRA stimulus plan will provide recently unemployed people the ability to re-enroll into the COBRA plan, even if they had denied coverage in the past. This will help a great amount of people who choose not to continue their health insurance through COBRA because they just could not afford it.
9 Key Details about the Cobra Stimulus Plan
1. Valid for people who were involuntarily terminated between September 1, 2008 and December 31, 2009
2. To be eligible annual income cannot exceed $125,000 for a single person and $250,000 for a couples
3. 65% of existing COBRA premiums will be subsidized by the U.S. Treasury Department
4. Subsidies will be available for up to 9 months
5. If you declined COBRA coverage after September 1, 2008 you will have the option to re-enroll into COBRA with the above subsides
6. Notices of the COBRA subsidies and re-enrollment information will be sent from the COBRA administrator (usually your previous employer)
7. Subsidies will be paid, via a refundable tax credit, directly to the COBRA administrators
8. Subsidies will terminate if the enrollee acquires a new health insurance plan through another employer or is eligible for Medicare
9. Subsidies will only apply to COBRA premiums paid after the effective date of February 17, 2009 and there will be no refund of premiums prior to this date
more...
mbawa2574
02-09 09:29 PM
"US Masters degree has no value anymore. Don't pursue a masters degree from US . You won't be able to find a job due to protectionist agends of US law makers.. Take your money somewhere else.Foreigners won't get jobs in USA "
Let us make at least Indians run from Higher education industry of America and colleges will feel the heat as 50% of them have revenue stream out of foreign students. This will make these clown senators o understand the repercussions of protectionism.
Let us make at least Indians run from Higher education industry of America and colleges will feel the heat as 50% of them have revenue stream out of foreign students. This will make these clown senators o understand the repercussions of protectionism.
arc
07-07 02:40 PM
Any one who owns corp or who has accounting background!!!
more...
OLDMONK
09-16 12:29 AM
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
lord_labaku
10-08 01:33 AM
Worry about it after the fact.
Technically you can maintain both PR...esp. if you live & commute in one of the border cities like Vancouver, Windsor. But at one point, you may have to decide which citizenship you want.
To maintain future growth, Canada has to rely heavily on immigration - thats one of the reason, its easy to get Canadian PR.
Depending on your priorities, it may be worthwhile to continue maintaining Canadian PR after you get US GC. (for e.g Canada allows sponsor of immediate relatives as a PR while you have to wait for US citizenship of the same. Also getting Canadian citizenship takes 3 years as opposed to 5 in the US)
that being said, the Canadian economy lives in the shadow of US & finding jobs I have heard is difficult in Canada.
Technically you can maintain both PR...esp. if you live & commute in one of the border cities like Vancouver, Windsor. But at one point, you may have to decide which citizenship you want.
To maintain future growth, Canada has to rely heavily on immigration - thats one of the reason, its easy to get Canadian PR.
Depending on your priorities, it may be worthwhile to continue maintaining Canadian PR after you get US GC. (for e.g Canada allows sponsor of immediate relatives as a PR while you have to wait for US citizenship of the same. Also getting Canadian citizenship takes 3 years as opposed to 5 in the US)
that being said, the Canadian economy lives in the shadow of US & finding jobs I have heard is difficult in Canada.
more...
smuggymba
01-18 09:12 AM
Go only if you really need to. If it's just a vacation, postponing is a good idea but don't miss out on brother's wedding etc to stay in US.
shana04
12-31 01:48 PM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
You are good to go after Jan 22 2008 for using AC21 (be on safe side until Jan 23 2008).
You can apply for EAD by your self and if you need help let me know. I have documentation for this (it is very simple and as other friends suggested, it is in IV website) but still if you need documentation let me know.
Good Luck and let us know how it went through.
All the best for you and your family.
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
You are good to go after Jan 22 2008 for using AC21 (be on safe side until Jan 23 2008).
You can apply for EAD by your self and if you need help let me know. I have documentation for this (it is very simple and as other friends suggested, it is in IV website) but still if you need documentation let me know.
Good Luck and let us know how it went through.
All the best for you and your family.
chanduv23
11-26 02:00 PM
Folks - due to an unforeseen emergency Attorney Prashanthi Reddy was not able to make it on November 20th to IV chat.
The next IV Chat with Attorney Prashanthi Reddy will be on Thursday, December 4th at 9.30 PM EST.
If there is any change that I know of, I will post it on this thread
The next IV Chat with Attorney Prashanthi Reddy will be on Thursday, December 4th at 9.30 PM EST.
If there is any change that I know of, I will post it on this thread
Humhongekamyab
08-13 01:36 PM
Got Four Reds and "rupaki?" for the Raj Balsar thread :)
You are in favour of (posted) sports news and got four red. I am not in favor or (don't want such news posted) and got four reds.
I guess we cant make everybody happy.
You are in favour of (posted) sports news and got four red. I am not in favor or (don't want such news posted) and got four reds.
I guess we cant make everybody happy.
vivache
10-04 03:21 PM
Question.
When I check the website I see this Step 4:
Does this mean that I first need to pass the documents to the application centre and only then after 3 days can I go to the embassy?
Can't I just get the date and go to the embassy direct?
Thanks
Vivek
Step 4: You are then required to submit your forms with one recent photograph and documents as per the checklist to any of the application centres in Mumbai, Pune or Ahmedabad.
Please note: If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance. E.g.: If your interview is scheduled for a Friday, you must submit your documents latest by the preceding Tuesday, provided all days in between are working days. If you are submitting your forms to our application centres in Ahmedabad or Pune, you must do so at least 4 working days in advance. E.g.: If your interview is scheduled for Friday, you must submit your documents latest by the preceding Monday provided all days in between are working days. It is recommended that you forward your documents to us immediately after scheduling an interview.
When I check the website I see this Step 4:
Does this mean that I first need to pass the documents to the application centre and only then after 3 days can I go to the embassy?
Can't I just get the date and go to the embassy direct?
Thanks
Vivek
Step 4: You are then required to submit your forms with one recent photograph and documents as per the checklist to any of the application centres in Mumbai, Pune or Ahmedabad.
Please note: If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance. E.g.: If your interview is scheduled for a Friday, you must submit your documents latest by the preceding Tuesday, provided all days in between are working days. If you are submitting your forms to our application centres in Ahmedabad or Pune, you must do so at least 4 working days in advance. E.g.: If your interview is scheduled for Friday, you must submit your documents latest by the preceding Monday provided all days in between are working days. It is recommended that you forward your documents to us immediately after scheduling an interview.
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