shirish
09-11 11:17 AM
Any one who did not send the medicals with the I-485 application, got RFE yet?
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arnet
11-16 12:20 AM
Consult immigration attroney at AOS time. F1 visa holder is not eligible to be included as dependents in AOS (I-485). Since now retrogression problem is there and currently you are planning to file I-140, you will be ok for next few yrs but when you file AOS (I-485) change her back to dependent visa inorder to include her in I-485. even in dependent visa she can study but cant get any scholarship and also she cant work.
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
Disclaimer: use it at your risk. I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
kanakabyraju
07-16 01:39 PM
I think the best way is to bring her back, because its Preferable to go to the same doctor
were you had done intial exams
Moreover to the best of my knowledge this cannot be done in india
I had to call my wife back for the same reason in May
hope this helps
thanks for the helpful info. Any other had similar experience ?
were you had done intial exams
Moreover to the best of my knowledge this cannot be done in india
I had to call my wife back for the same reason in May
hope this helps
thanks for the helpful info. Any other had similar experience ?
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Jaime
09-05 05:24 PM
Assuming that he is not struck in the name check which is very likely if one has a very common first name or last name
True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+
True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+
more...
dixie
07-03 10:18 AM
Can a Canadian Citizen work in the USA without a visa ? How easy is that ?
NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.
NOPE. Canadian citizen can visit the USA without a visa.But to work, you need either a TN visa or plain old H1-B and go through the whole EB drama as usual.
jayleno
08-31 09:40 AM
GCFISH,
whaddoyammean by 90% of us? Speak for yourself. Who did the statistic anyway. stuckinretro is right to some extent atleast from my experience.
whaddoyammean by 90% of us? Speak for yourself. Who did the statistic anyway. stuckinretro is right to some extent atleast from my experience.
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redgreen
03-14 12:14 PM
So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee�s eligibility or change in job duties. So no requirement to cancel H1b.
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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...
dsneyog
01-15 09:07 AM
Great, so I see so many fast cases here.
I had all my docs well organized, also put tabs corresponding to the list numers on cover letter for quick access. I also included self addressed prepaid priority envelope.
I paper filed at TSC on Dec16th got approval on Jan11th, the pace is pretty good considering the holidays in between.
There are several factor which helps aid in faster processing of the applications, mainly the required docs has to be in order and complete.
I had all my docs well organized, also put tabs corresponding to the list numers on cover letter for quick access. I also included self addressed prepaid priority envelope.
I paper filed at TSC on Dec16th got approval on Jan11th, the pace is pretty good considering the holidays in between.
There are several factor which helps aid in faster processing of the applications, mainly the required docs has to be in order and complete.
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antony
03-25 10:18 AM
I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
more...
mavrick
06-02 05:38 PM
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
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sanjay
08-20 10:03 AM
Are you working for the same company who filed your I-140?
No. I changed to a different company with same position.
No. I changed to a different company with same position.
more...
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WaitingYaar
01-18 09:04 PM
Please post the following:
Receipt notice date:
How long it took to receive approval:
Category:
Receipt notice date:
How long it took to receive approval:
Category:
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Dhundhun
05-22 01:07 AM
hi thanks your input.
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
I saw your profile. You are from Nepal.
As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).
Your priority date is current.
I hope that they must have sent for Name Check long ago - this should not be blocking.
What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.
For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.
I saw your profile. You are from Nepal.
As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).
Your priority date is current.
I hope that they must have sent for Name Check long ago - this should not be blocking.
What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.
For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
more...
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deba
05-29 10:41 AM
Be careful about claiming residency thru employment for a Canadian company while outside the country. It is not automatically considered. I had the first hand experience myself while applying for Canadian citizenship. I was a few days short, however was able to prove my case because I was employed by a Canadian company which was doing business in the US and I was a frequent business visitor. I was approved because of all other things considered, time spent in Canada, family ties, owner of residential property in Canada etc. etc. But overall it wasn't a pleasant experience proving my case to CIC. I had to organize tons of paperwork and proof to prove my case. So just don't assume you will meet the requirements of residency with only a remote employment connection with a Canadian entity.
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jsb
10-30 04:08 PM
I don't know what amt was enclosed with the application. All I know it is rejected b'couse of Incorrect/No Fee. My concern is it was rejected on Sep 22nd & lawyer might have got the notice of rejection & he missed it or don't know what happened. It is already more than a month now. How much time is there to resend the application.
Thanks
-Kiru
From the postings here I am getting to understand that the so called lawyers are not really so. Though it is too late for you, as a lesson one should not depend on them entirely. Review full application , letter by letter yourself before filing, check signatures yourself, and then ask for a copy of the entire package (including copies of checks) for your records.
Anyway, it may be possible to refile by attaching suitable note on the top in bright colors (as USCIS says) so that it is not opened in the mail room.
Thanks
-Kiru
From the postings here I am getting to understand that the so called lawyers are not really so. Though it is too late for you, as a lesson one should not depend on them entirely. Review full application , letter by letter yourself before filing, check signatures yourself, and then ask for a copy of the entire package (including copies of checks) for your records.
Anyway, it may be possible to refile by attaching suitable note on the top in bright colors (as USCIS says) so that it is not opened in the mail room.
more...
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tnite
09-12 01:26 PM
I called the USCIS customer service and was given the receipt numbers for 485,EAD and AP.The application was put in the system on Sep 8th, Saturday. Checks havent been cashed yet.
Check my signature for the details. USCIS seems to be working overtime.
Check my signature for the details. USCIS seems to be working overtime.
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immigrationvoice1
04-15 10:20 AM
Which country did you charge your GC to?
Enjoy the freedom...:)
Enjoy the freedom...:)
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pasupuleti
01-10 07:06 PM
NumbersUSA just says that S.9 is similar to S.2611, which died last year. I don't think NumbersUSA has the text for S.9. From NumbersUSA
"NumbersUSA believes that this is a �shell� bill, which, at some point, will be amended to include language very similar to that which the Senate passed in 2006 [S. 2611]."
"NumbersUSA believes that this is a �shell� bill, which, at some point, will be amended to include language very similar to that which the Senate passed in 2006 [S. 2611]."
eb3_nepa
07-27 05:49 PM
Lets put it this way.
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
somegchuh
08-22 12:41 PM
I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.
But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.
Has anyone here run a business on H1? What are the tax implications?
I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.
I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.
Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).
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