eadguru
10-04 01:49 PM
Hi Tnite,
Thank you for your reply.
...but only in Adjustment of status, what does it meaning?
Thank you for your reply.
...but only in Adjustment of status, what does it meaning?
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manbeing
12-27 06:48 PM
but on my LCA, my lawyer entered 5/17 as my last day for continuous employment reason.(my first day in my current company was 5/18). Will that be a problem?
All experience letters should indicate the last date of your employment as 5/15.
All experience letters should indicate the last date of your employment as 5/15.
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.
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http404
07-17 10:32 PM
I got myself in somewhat of a mess here and wondering if there is any solution?
I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.
She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.
Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?
Thanks.
I filed for my I-485 on June 28th and it reached UCSIS on 2nd July. I wasn't able to do the same for my wife as she was in India at that time.
She is back now and I want to file her I-485 but my lawyer tells me I can not do that because it either needs to be filed concurrently with mine or they need to have a receipt for my I-485 which doesn't seem to be coming in the next few weeks.
Is there anything else I can do? Anyone has similar experiences? Will a copy of my I-485 filing do?
Thanks.
more...
dohko
01-11 08:16 PM
any thoughts?
rc123
11-04 09:17 AM
Hi All,
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
more...
rajeshalex
12-13 09:44 AM
seems to be a good idea
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gc??
04-23 11:16 AM
Thank you guys. Feel much better.
Glad it is not cancelled with prejudice! Never knew so many terminology associated with immigration.
Glad it is not cancelled with prejudice! Never knew so many terminology associated with immigration.
more...
useriim
07-04 09:40 AM
Hello,
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
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deardar
06-18 09:57 AM
I asked the same question yesterday at POE Boston.
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
more...
moonrah
09-23 07:16 PM
Raj,
Thanks. Can you please guide me in I-824? As an applicant, can I ask for duplicate of the notice?
Thanks. Can you please guide me in I-824? As an applicant, can I ask for duplicate of the notice?
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msadiqali
08-25 05:42 PM
i was able to get hold of them. they told me to call back on 12th working day if i dont get back any response within the next 11 days for my case.
more...
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InTheMoment
08-18 12:11 PM
Yes that is right. The biometrics is essentially only for I-485 and that is the only LUD that may get updated.
i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
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saimrathi
03-08 02:47 PM
My PD is Mar 2005, and a status check reveals that my application is "IN Process". When can I expect to clear Labor Certification? What is the current PD they are processing?:confused:
more...
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phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
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dbevis
January 20th, 2004, 03:23 PM
Let's hope that it means the next offering from Canon comes in at about that same price point (about USD$2000). Maybe they (Kodak) know something?
More likely it a natural fallout of their recent announcements regarding their positioning (or non positioning) as a camera maker.
Don
More likely it a natural fallout of their recent announcements regarding their positioning (or non positioning) as a camera maker.
Don
more...
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Becks
01-21 06:47 PM
This is relevant question and I feel that if recession hits US, consultancy companies may ask people go and work offshore till situation gets better. Most of big consultancy firms have projects from non-US countries so they may utilize people offshore.
I hope situation wont get that worse. Just a thought.
I hope situation wont get that worse. Just a thought.
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BonoVox627
08-01 11:08 PM
No I am not.
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needhelp!
09-23 05:59 PM
Here is one of the comments below that article that makes sense too (claims to be from a congressional staffer):
As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.
More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.
Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.
You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.
Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
Do this, and be rational, and you just might make a difference.
As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.
More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.
Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.
You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.
Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
Do this, and be rational, and you just might make a difference.
Blog Feeds
12-19 01:00 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
tabletpc
12-22 12:55 PM
Here is my situation..
I was working for company A and had company A Visa on PP valid untill 2010. Now I came under company B with same job descripton. Company B filed for H1b transfer 2 weeks back for which we have not received LIN number yet.
My questiosn are..
1. Can I visit india while my tranfer is pending...???
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
Greatly apprecite if you can share your suggestions/expereince on this....
Thanks
I was working for company A and had company A Visa on PP valid untill 2010. Now I came under company B with same job descripton. Company B filed for H1b transfer 2 weeks back for which we have not received LIN number yet.
My questiosn are..
1. Can I visit india while my tranfer is pending...???
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
Greatly apprecite if you can share your suggestions/expereince on this....
Thanks
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