gova123
07-27 05:25 PM
Hi Guys:
One of the forum member AbhijitP has a signature that I could not understand. Can anyone give me a little bit more info on his signature.
"I-140: EB-2, approved as EB-3: pending resolution
Successor in Interest I-140: Pending"
Does it mean that his I-140 is approved under EB-2 or EB-3?
So if someone has applied under EB-2, how come it is approved as EB-3
Thanks
One of the forum member AbhijitP has a signature that I could not understand. Can anyone give me a little bit more info on his signature.
"I-140: EB-2, approved as EB-3: pending resolution
Successor in Interest I-140: Pending"
Does it mean that his I-140 is approved under EB-2 or EB-3?
So if someone has applied under EB-2, how come it is approved as EB-3
Thanks
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DallasBlue
11-10 02:55 PM
I would like to know what is the booth number?
Your Booth Name: IMMIGRATION VOICE
Your Booth Number: 15
is what I got from Needhelp. See you'll there !!
Your Booth Name: IMMIGRATION VOICE
Your Booth Number: 15
is what I got from Needhelp. See you'll there !!
Ramba
08-07 03:44 PM
I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
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siddhu98
04-26 03:17 PM
Guys, I did the same mistake. I called the customer service and she told me to post the requested change. I did sent my supporting documents, now I did resend another letter asking to correct.
I just reliazed that I too missed the last entry date field and had already sent the supporting docs this morning.. (efiled on last Saturday).
Can you tell us what are docs that you sent to USCIS to correct missing "last entry date"?
1. Confirmation Page
2. Letter explaining the "Date of last entry" was missing and give the last entry date..
I just reliazed that I too missed the last entry date field and had already sent the supporting docs this morning.. (efiled on last Saturday).
Can you tell us what are docs that you sent to USCIS to correct missing "last entry date"?
1. Confirmation Page
2. Letter explaining the "Date of last entry" was missing and give the last entry date..
more...
msgoud
03-09 11:30 AM
new developement is that HYD consulate called him for rare second interview,atleast that the email says
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different
any idea what to expect,it seems that they want stamp visa cancelled
should we expect any different
a_yaja
07-24 01:47 PM
I filed my 485 last week and didn't file for EAD. My spouse is filing 485 next week and i will be a dependent in that application. If i apply for EAD in his application, can i use it to invoke AC21 if i have to change job after 6 months under my 485?
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".
I have read here that EAD is not necessary for AC21, but my lawyer said its needed.
There is no such thing as EAD "under his application" or "under my application". If you apply for EAD - you either apply for it with the AOS application (yours or your spouse's) or after the AOS receipt is received. If you apply after applying for AOS, then you need to provide with receipt of AOS (either yours or his). The EAD will be in your name and as far as my knowledge goes it will say "issues on basis of AOS applied as ...".
more...
starlite
07-21 11:33 AM
As long as you never out of status from the last time you reenter US (Aug 97) you should be OK and should submit your I485
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
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a_to_z_gc
02-19 12:15 PM
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
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Can2004
03-02 11:35 PM
Thanks guys. Luckily I still have the U-haul rental receipts and all credit card statements for that period. Will send all that. I hope that will help.
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waitingGC
03-21 10:58 AM
My wife will apply for H1 this April. I also have some questions:
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
more...
hopefulgc
08-03 06:38 AM
Great idea... signature updated.
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som_yad
08-14 07:30 PM
I was also in limbo whether to apply AP now or no. My current AP is valid till Mid Jan 2009 And I am travelling india in Oct and will be back on 1st week on Nov. I decided not to apply AP now and will be applying renewal in mid Nov. Applied only EAD renewal.
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
But my H1 extension approval is still pending. Not sure it will get approved by 1st week of Oct. If I happen to use the current AP do they give i-94 only till Jan 09 ( i.e my AP validity) or for 1 year ?
more...
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h12gc
04-28 06:18 PM
Hi guys,
My details: EB2 NSC,Aug 2005 PD,1485 notice date: august 2nd 2007,140 approved,EAD valid till 2010 september.
I got an RFE on my I 485 on April 15th asking for employment letter from intended permanent employer.Last month my employer cancelled my H-1 Visa, I think that trigerred this RFE.Currently I'm on EAD.So I don't think It will hurt my status.
My Employer gave me the employment letter with same job title and duties as Labor certification.My Employer is an IT consulting firm.Currently I'm not on project with him.I'm benched for last few months.Since GC is future process he had issued employment letter.But Technically I'm with out pay stubs for few months.Does it hurt my GC process?
Also I spoke to my employer and he said given current market situation I can find a similar job with any employer and use my EAD he has no problems in supporting my GC process since it is future employment.My question is Can I work on contract to w-2 positions with any recruiting firms and not to file AC 21 with them since I have already have an offer from my own GC sponsered employer?
Can I take full time position with end client and not file AC 21 since I already have an offer letter from my current employer intending to hire me permanently once GC is approved.
In present market situation I'm finding positions which are asking for con_w2 or fulltime positions with the end clients.No corp to corp positions in IT industry.
Please any one advice me on this.
Thanks
h12gc
My details: EB2 NSC,Aug 2005 PD,1485 notice date: august 2nd 2007,140 approved,EAD valid till 2010 september.
I got an RFE on my I 485 on April 15th asking for employment letter from intended permanent employer.Last month my employer cancelled my H-1 Visa, I think that trigerred this RFE.Currently I'm on EAD.So I don't think It will hurt my status.
My Employer gave me the employment letter with same job title and duties as Labor certification.My Employer is an IT consulting firm.Currently I'm not on project with him.I'm benched for last few months.Since GC is future process he had issued employment letter.But Technically I'm with out pay stubs for few months.Does it hurt my GC process?
Also I spoke to my employer and he said given current market situation I can find a similar job with any employer and use my EAD he has no problems in supporting my GC process since it is future employment.My question is Can I work on contract to w-2 positions with any recruiting firms and not to file AC 21 with them since I have already have an offer from my own GC sponsered employer?
Can I take full time position with end client and not file AC 21 since I already have an offer letter from my current employer intending to hire me permanently once GC is approved.
In present market situation I'm finding positions which are asking for con_w2 or fulltime positions with the end clients.No corp to corp positions in IT industry.
Please any one advice me on this.
Thanks
h12gc
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gc_peshwa
11-17 11:18 AM
I think its a wise move on IV's part to keep all lobbying and campaigning efforts private. That way the NumbsersUSA and other anti's can not sniff what IVians are upto. Keep up the good work. Someone at the top (God!!) is watching your hard work and you will be rewarded soon.
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Dhundhun
05-21 05:47 PM
I think, too many documents not required. The US Embassy in Delhi asks for:
If you have a sponsor for your trip
-- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
-- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
-- Documents to show the sponsor's legal status in the U.S.
Refer to http://newdelhi.usembassy.gov/nivbvisas.html.
Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).
If you have a sponsor for your trip
-- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
-- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
-- Documents to show the sponsor's legal status in the U.S.
Refer to http://newdelhi.usembassy.gov/nivbvisas.html.
Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).
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FRUSTRATED
07-07 03:00 PM
The information quoted by morpheus is quite correct. you can attend board meetings as a director although honorory or because of your extensive shareholding. you cannot be a salaried, contracted or basically compensated director or board member. you cannot take salaries but can take dividends (profit). you can also apply for any licenses or authorizations required for the business in your name. just make sure you dont write anything off in your name to save the taxes on the dividends because that will show your active involvement (day to day) which you cannot have.
I owned business and had state and federal licenses when I was on F-1.
And very frankly if you have any innovative ideas are an entrepreneur immigration and visa is the last thing you should worry about. There are many ways to to that and if you have a trustworthy citizen or GC holder as a partner it is very easy. just concentrate on your ideas and plans. contact a lawyer, do some reading of IRS pubs, and immigration law.
I am an entreprenur myself and I wish you very good luck and success.
Please consult an immigraiton attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
I owned business and had state and federal licenses when I was on F-1.
And very frankly if you have any innovative ideas are an entrepreneur immigration and visa is the last thing you should worry about. There are many ways to to that and if you have a trustworthy citizen or GC holder as a partner it is very easy. just concentrate on your ideas and plans. contact a lawyer, do some reading of IRS pubs, and immigration law.
I am an entreprenur myself and I wish you very good luck and success.
Please consult an immigraiton attorney. There is a lot of misinformation in this area. I believe several of the posts above are incorrect.
My immigration attorney has advised me I can invest in and own anything - LLC, C Corp - as long as I don't take an active role in the business. Once you become active, you need an employment visa e.g. H1 to cover that. Since moving to the US I have owned and/or founded a couple of companies. I filed a visa so I could actively manage one of them. The others I am just a passive investor. One interesting question is can you attend a board meeting and still be a passive investor? Personally I think so, because board membership is not employment. Some may prefer to err on the conservative side.
Income from activites like Google Adsense or royalties is a grey area. It would make an interesting case, because it's very hard for the USCIS to say it is 'employment' rather than passive income. Any legal advice in this area is just an opinion. According to my attorney, there are no USCIS memoranda or case law on the subject.
Morph
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SeanDell
05-29 05:26 PM
Thanks for your reply Morchu. I want to have some further clarification here:
1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
The US Embassy has this pre-requiste of 6 months validity when applying for US Visa but I have no knowledge of any document mentioning this 6 months validity requirement at the US POE. Can you please point me to some source?
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
How to prove this intention? Aren't proper H1B Documents, Employer Letter/ working in US enough to prove this intention? My question is as I will be using H1B documents to renter US at POE (not I-485 related documents i.e. Advance Parole), can that still be a problem?
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
The US Embassy has this pre-requiste of 6 months validity when applying for US Visa but I have no knowledge of any document mentioning this 6 months validity requirement at the US POE. Can you please point me to some source?
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
How to prove this intention? Aren't proper H1B Documents, Employer Letter/ working in US enough to prove this intention? My question is as I will be using H1B documents to renter US at POE (not I-485 related documents i.e. Advance Parole), can that still be a problem?
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
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studentoflife
11-08 09:35 PM
As i understand for labor there are only 2 centers right ? one is the atlanta processing center and the other is chicago processing center. Atlanta processing center caters to the state in which my employer has registered his company so i believe he must have sent my application to this processing center only.
http://www.plc.doleta.gov/Processing_Centers.htm
Kindly correct me if i am wrong
StudentOfLife
http://www.plc.doleta.gov/Processing_Centers.htm
Kindly correct me if i am wrong
StudentOfLife
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ameryki
03-17 04:30 PM
I don't remember immi status even coming up during mortgage appli!
nefrateedi
08-29 12:28 PM
Thank you nefrateedi,
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
My concurrent filing of I-140 and 485 was filed on August 17th, 2007.
Is it not after July 30?...that you could submit to either to Nebraska or Texas?
Is it ok like this?
Thank you again.
USCIS had issued a Direct Filing Update which stated that if the application was filed after July 30, it would have to be filed at the center which has jurisdiction over the state the applicant lives in, which in your case is Massachusetts.
USCIS has been transfering a lot of applications between the various service centers lately due to the July fiasco. Based on reports from the Ombudsman, USCIS is trying to avoid any unnecessary rejections, and take a more 'customer service' based approach, so hopefully you will be ok, and they'll just transfer the case to the appropriate service center.
I'm not a lawyer by any means, so please use this advice at your own discretion.
Good luck!
paragpujara
11-02 09:33 AM
Finally my AP got approved yesterday !!
