CRAZYMONK
05-17 01:56 PM
thanks for the quick response.
SO, lets say my company applies for me to h1b cap sometime after october 1, if by chance the cap is reached by the time we apply, and if my application gets rejected for this reason, am I still be eligible to apply and re-do everything for next year? if the cap is reached by late october or november lets say and if i get rejected for this, then can I do all this again on april 1 2011.
thanks a lot!
Yes you can..
SO, lets say my company applies for me to h1b cap sometime after october 1, if by chance the cap is reached by the time we apply, and if my application gets rejected for this reason, am I still be eligible to apply and re-do everything for next year? if the cap is reached by late october or november lets say and if i get rejected for this, then can I do all this again on april 1 2011.
thanks a lot!
Yes you can..
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Munna Bhai
07-12 07:47 AM
Hello,
Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.
Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
b)What are the other backup plans we can have.
thanks for your time.
-M
Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.
Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
b)What are the other backup plans we can have.
thanks for your time.
-M
vchip
04-07 04:28 PM
This is from my lawyer,
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
"What Are the Immigration Consequences of the Government Shutting Down?
As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.
In general, if the government shuts for budgetary reasons, all but "essential" government are furloughed and not allowed to work. So what does this mean for immigration agencies?
USCIS: A couple of shutdown threats back, a USCIS official stated at a stakeholder engagement that USCIS (other than the human touches on E-Verify) would not need to shut down, since all of the agency, other than E-Verify, is funded by fees. However, it is not clear that this is the case, and at least one local office has indicated that it is working on its shutdown plan. We will update as we get more information.
DOS: If there is a shutdown, the result for DOS will likely be the same as it was in the 1996 government closing. Then, the only visa issuance being done was for some diplomats and for "life or death" situations. As DOS is wont to say "a really, really important business meeting is not life or death."
CBP: Inspection and law enforcement are considered "essential personnel," though staffing may be more limited than usual. The borders will be open, and CBP is unsure of how the shutdown will affect the processing of applications filed at the border.
EOIR: EOIR has been advised to "put its shutdown plans in place." As with other agencies, personnel who are not considered "essential" will be furloughed. EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
DOL: DOL is making plans for a possible shutdown. If there is a shutdown, DOL personnel will not be available to respond to e-mail or other inquiries. We do not know at this point whether iCERT/PERM would continue to function. However, because the systems require funding to run, practitioners should assume that they would not be available."
2011 lack cat, white cat by ~Mo6
searchGreen
02-15 08:43 PM
Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". Isn't the word "equivalent supposed to mean closeby or related as electronics engineering that we had was more like computer engineering
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
Appreciate advice.
1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I
continue to stay and work in US for the next 3 years of an approved H1B extension.
2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak
Appreciate advice.
more...
chanduv23
10-25 03:58 PM
Dear IVans,
Attorney Prashanti Reddy will be addressing the proud Immigration Voice members at the New Jersey event being held at Woodbridge, NJ on Sunday, October 28th, 2007.
She is a active member at AILA and is involved in a lotof pro bono work and works for a lot of non profit organizations like "Trial Lawyers Care" and "Maanavi"
She also conducts free chat sessions at the popular "telugu" language portal www.telugupeople.com
Please find her Chat Transcripts at
http://chat.telugupeople.com/chatshows/
Her website is http://www.reddyesq.com and she is a proud supporter of Immigration Voice.
She is willing to answer our questions and as part of Immigration Voice Protocol, we will be moderating the questions.
If you have not yet signed up for the event do so, right now. Follow the link
http://immigrationvoice.org/forum/showthread.php?t=14671
Please post your questions on this thread, if you are attending the event.
Yours,
Team IV
Attorney Prashanti Reddy will be addressing the proud Immigration Voice members at the New Jersey event being held at Woodbridge, NJ on Sunday, October 28th, 2007.
She is a active member at AILA and is involved in a lotof pro bono work and works for a lot of non profit organizations like "Trial Lawyers Care" and "Maanavi"
She also conducts free chat sessions at the popular "telugu" language portal www.telugupeople.com
Please find her Chat Transcripts at
http://chat.telugupeople.com/chatshows/
Her website is http://www.reddyesq.com and she is a proud supporter of Immigration Voice.
She is willing to answer our questions and as part of Immigration Voice Protocol, we will be moderating the questions.
If you have not yet signed up for the event do so, right now. Follow the link
http://immigrationvoice.org/forum/showthread.php?t=14671
Please post your questions on this thread, if you are attending the event.
Yours,
Team IV
andy garcia
07-02 09:50 AM
I live/work in california - and on the I-485 form it says the address is :
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
Can someone please advise? Apologies if this has been covered already.
Employment-based adjustment of status.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
Can someone please advise? Apologies if this has been covered already.
Employment-based adjustment of status.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.
more...
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.
2010 Lazy Black and White Cat
mchundi
08-23 12:16 AM
I recently visited India(this july) with a new U.S passport and un endorsed PIO card( I did not know endorsement was required). Though i did not have to show the old passport, i carried with me anyway. No issues anywhere.
--MC
--MC
more...
sunnymit
02-22 11:05 AM
Ok. That makes sense. I will contact the HQ and try to find out the solution. Calling the local SS office doesn't help as the first thing their automated system asks for is SS# for you to move on!
hair Black and White Cat
venky321
03-23 07:19 PM
I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
more...
vrkgali
04-05 11:42 AM
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
I got first one for experience letters
the second one about company credentials
and third one about abilty to pay 3 weeks back
my employer answered this week
crossed fingers and everything and waiting..
so moral is
dont worry about no of RFE s..worry about how they are handled..
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
I got first one for experience letters
the second one about company credentials
and third one about abilty to pay 3 weeks back
my employer answered this week
crossed fingers and everything and waiting..
so moral is
dont worry about no of RFE s..worry about how they are handled..
hot stock photo : Art, White Cat
iman.karta
12-27 04:02 PM
Hi all,
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
I do have a worry about I140 processing and I hope somebody can help me.
I finally got my LC approved and now in the concurrent I140 and I485 filling process.
However, I noticed that there is a minor mistake in filling on my ETA9089.
My OPT expired on August 14th, 2006 and my H1-B was approved Dec 12th2006. However in the job experience part, there is a booboo. Instead of putting the start date as January 15th, 2007 (which was the date I started working in the company), they put August 14th, 2006. So from USCIS standing point of view, it could mean that I work during the gap between my OPT and H1-B! :(
Now I am worried sick that they will deny my I-140.
Any inputs anybody?
more...
house lack and white cat cartoon
docusmle
08-15 09:02 AM
Hi,
I f there is one word difference between first name in marriage certificate and birth certificate will that be basis for rejection of application or will it just be RFE?
First name on the birth certificate and passport is the same but instaed of "ta"there is "tha" in marriage certificate .Due holiday ,it is just impoossible to get affidavit by tonight.
Please I sincerely appreciate your opinion what should be done in such case?
Wait till 16th evening ,hoping to get affidavit which may or maynot be possible or just go ahead and submit application now?
Thank you so much.
I f there is one word difference between first name in marriage certificate and birth certificate will that be basis for rejection of application or will it just be RFE?
First name on the birth certificate and passport is the same but instaed of "ta"there is "tha" in marriage certificate .Due holiday ,it is just impoossible to get affidavit by tonight.
Please I sincerely appreciate your opinion what should be done in such case?
Wait till 16th evening ,hoping to get affidavit which may or maynot be possible or just go ahead and submit application now?
Thank you so much.
tattoo These Black amp; White Cat Socks
ItIsNotFunny
11-11 06:08 PM
Bump ^^^^^
more...
pictures Because I had a cat for 18
jonty_11
04-11 04:08 PM
how do you know its run by funding generating from immi fees? any links?
Even so; not being a Vote bank is the reason we cannot do anyting here. Plus we are not united enough to generate enough funds or show enough economic impact (i.e. make our case) with lawmakers to get USCIS to clean up their act. IV is our best chance.
Even so; not being a Vote bank is the reason we cannot do anyting here. Plus we are not united enough to generate enough funds or show enough economic impact (i.e. make our case) with lawmakers to get USCIS to clean up their act. IV is our best chance.
dresses Lucky is a big lack and white
sprash
06-03 02:57 PM
I agree Sailesh. However it would be interesting to know if anyone has got multiple EVLs or other RFEs. I am also wondering if once you reply to an RFE, do they pre-adjudicate the application.
more...
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milmuk
08-24 06:47 PM
Hello experts,
I work for a small company,which is holding my H1.Through this employer,
I got a job confirmation from a canadian company,but due to my leagal status, the Canadian company is not willing to give me an offer.
They mentioned that H1 with EAD is a complex scenario for the canadian work visa processing.Is there any other option to work in Canada?
My details are as follows:
My details :
H1 - six year completion in Oct 2010.No H1 stamping on passport
EAD - valid upto Oct 2010. Applied for renewal in Aug 2010.
AP - valid till Dec 2010
Even though I had EAD, I never used it for employment.
I returned to US last month.I used AP at poe since I didn't have project.
Please advice.
Thanks
I work for a small company,which is holding my H1.Through this employer,
I got a job confirmation from a canadian company,but due to my leagal status, the Canadian company is not willing to give me an offer.
They mentioned that H1 with EAD is a complex scenario for the canadian work visa processing.Is there any other option to work in Canada?
My details are as follows:
My details :
H1 - six year completion in Oct 2010.No H1 stamping on passport
EAD - valid upto Oct 2010. Applied for renewal in Aug 2010.
AP - valid till Dec 2010
Even though I had EAD, I never used it for employment.
I returned to US last month.I used AP at poe since I didn't have project.
Please advice.
Thanks
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kasanski33
05-03 07:15 PM
Thanks guys that helps a lot.
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greyhair
04-04 08:28 PM
Hi All,
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
Me and my wife are on EAD. We want to open LLC. Right now I am doing consulting in IT firm. My wife is not working anywhere. What are TAX and immigration consequences if we open LLC on my wife's name?
Questions we have..
1. Can I become parnter easily once my status got changed from EAD to GC?
2. Once my wife start LLC, can she work for another company e.g. Software consulting?
3. What would be tax bracket for my owner of LLC?
Thanks,
dj
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
solaris27
02-11 09:09 AM
yes u can do it
royu
07-23 04:44 PM
Hello belmontboy,
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.
I see your PD is similar to me. My I-140 was approved in Mar-2008. I am worndering why your I-140 is not approved yet.