qualified_trash
11-30 01:35 PM
The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.
Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
I guess the USCIS letter also talks about change of status from F1 to H1 and not extension of an already valid H1 for 3 more years.
maybe safer to go with your lawyer on this one :-)
Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
I guess the USCIS letter also talks about change of status from F1 to H1 and not extension of an already valid H1 for 3 more years.
maybe safer to go with your lawyer on this one :-)
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LONGGCQUE
06-18 09:24 AM
Gurus/Experts,
First of all, thanks for your time and any suggestions you can provide for me to handle my case.
Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs
Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.
Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.
Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.
Thanks again for your time.
First of all, thanks for your time and any suggestions you can provide for me to handle my case.
Here are the details:
- I am employed with a mid-size consulting/services company.
- Perm approved in EB2 and I140 filed 11/2009. I have a BE degree and 9 yrs of progressive experience before perm filing.
- Earlier this month I received an RFE asking for '60 months of exp before labor filing in form of document from current or previous employer'
- All my EB2 qualifying experience is with previous employer(a top 10 Indian IT company) as labor was filed by my current employer the same month i joined them. I was with them for 5.5 yrs
Problem:
- I was on an onsite deputation from Indian company. Before leaving for US they make you sign a bond of approx $10k and the condition is for you to return back and resign. I know that as per US laws this is not enforceable but in India this very much stands true and if you wish to fight it out you need to go thru legal systems, may not be worth the time and energy dealing with a big corporation.
- Considering the heavy amount being asked i had decided not to close my case with them as there was no impact working here in US.
- Now I need an experience letter and they are taking there own time to process my case. I doubt I can get exp. letter from them before due date of my RFE.
Possible solutions based on my knowledge:
- Get a letter on previous company letterhead from some known manager. Contacted some managers but no one seems to willing to do this.
- Get affidavits from co-workers who worked with me during the time. Already have them and had submitted to company lawyer alongwith previous co. offer letter, yearly appraisal letters and last few pay stubs. Basically, everything to prove my 5.5 yrs of work exp. was provided with the only exception of an exp. letter from previous company on its letter head.
Has anyone of you came across this scenario? How did you handle this and what papers did you provide ? Please share your experience and suggestions.
Thanks again for your time.
cygent
08-07 09:34 PM
I think what is being conveyed is NOT that he is superior .... but that he has been in the US atleast 2 yrs more than when he actually started the journey towards GC by formally putting in an application
Thanks for understanding Hinglish. :o
Thanks for understanding Hinglish. :o
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InTheMoment
04-17 02:13 PM
I have used AC21 and have not sent a letter yet to USCIS as it is optional and that is what my attorney recommended...that is to wait for an RFE (I have changed address as I moved to a diff. state; chances of an RFE increases)
That said, I am wondering that with a G28 representation on the files with USCIS, if I send a AC21 letter all by myself (without attorney), will it be honored by USCIS ? I am comtemplating of doing this as I wanted to prempt the RFE thereby saving precious time (when date is current) and the money that I would have to pay my attorney when the RFE reaches him (I would rather he reply to an RFE but want to give my best to avoid it)
any ideas ?
That said, I am wondering that with a G28 representation on the files with USCIS, if I send a AC21 letter all by myself (without attorney), will it be honored by USCIS ? I am comtemplating of doing this as I wanted to prempt the RFE thereby saving precious time (when date is current) and the money that I would have to pay my attorney when the RFE reaches him (I would rather he reply to an RFE but want to give my best to avoid it)
any ideas ?
more...
sreedhar
11-19 02:14 PM
It only makes me wonder how many more applications with PDS older than 2001 (substitution or not ) from India are still pending :( . Good luck to all of you guys who has PD older than mine (Sep 2004 EB3), unless you are out of the queue I dont get mine :)
Same Thoughts Here too...:)
Same Thoughts Here too...:)
niklshah
11-13 11:09 PM
bump
more...
Saralayar
02-22 09:37 PM
we got our EAD cards today, and it is just for 1 year. Did anyone in IV get EAD for 1 year
Murthy.com indicated that for people who are near to get GC are given 1 year. Don't worry most probably you will be getting your GC within a year.
Murthy.com indicated that for people who are near to get GC are given 1 year. Don't worry most probably you will be getting your GC within a year.
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ho_gaya_kaya_?
05-23 09:40 AM
What about if one comes back on AP and hence has to use EAD but also has a valid H1 approval ( but no stamping in the passport ) . Can they go back and use that H1 approval for stamping and come back on H1 ? They are still working for the same company which sponsered the H1 and the GC
if you use AP- you dont have to use EAD- you can continue to use H1
and get it stamped the next time you go to consulate.
if you use AP- you dont have to use EAD- you can continue to use H1
and get it stamped the next time you go to consulate.
more...
milind70
08-29 09:03 AM
Hello All -
I am planning to get my PP renewed at the NY consulate and had a couple of questions and I was hoping someone could shed some light on them.
i) The DC website states that one can *only* apply 6 months before expiration date but the NY website does not? Mine is going to expire in ~8 months. Anyone know if it is 6 mo across all consulates?
ii) They have it in big red font that the photograph should be 3.5 cm * 3.5 cm, the US standard PP size is 50 mm * 50 mm .. any ideas where I can get them done in the right dimension?
iii) If applied in person do they issue the PP the same evening?
Thanks in advance to anyone who can share their experience esp. at the NY consulate
-Neo
I have renewed passport when my passport was going to expire 1 year later.
i think that you should have minimum six months left for expiry anything less than that leads to more processing time thats what i was told at SFO when i renewed in 2001 and was told the same when my wife renewed at Wash DC in 2006. I think they take a day to process means if u give today u will get next day . Same day are are cases thats my first hand and second hand expierences
I am planning to get my PP renewed at the NY consulate and had a couple of questions and I was hoping someone could shed some light on them.
i) The DC website states that one can *only* apply 6 months before expiration date but the NY website does not? Mine is going to expire in ~8 months. Anyone know if it is 6 mo across all consulates?
ii) They have it in big red font that the photograph should be 3.5 cm * 3.5 cm, the US standard PP size is 50 mm * 50 mm .. any ideas where I can get them done in the right dimension?
iii) If applied in person do they issue the PP the same evening?
Thanks in advance to anyone who can share their experience esp. at the NY consulate
-Neo
I have renewed passport when my passport was going to expire 1 year later.
i think that you should have minimum six months left for expiry anything less than that leads to more processing time thats what i was told at SFO when i renewed in 2001 and was told the same when my wife renewed at Wash DC in 2006. I think they take a day to process means if u give today u will get next day . Same day are are cases thats my first hand and second hand expierences
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voldemar
12-11 02:28 PM
It makes no difference whether they allow concurrent filing of 140/485 or not That's not always true. Without concurrent filing my son will not be able to file 485 because he will turn 21 at that time. And I'm pretty sure there are other cases when concurrent filing was very helpful.
more...
techbuyer77
09-17 02:30 PM
that the company did not hire any replacement for you?
That company has not hire anyone, they have to let go some people. We all were waiting to see if bussiness got better. It did not.
That company has not hire anyone, they have to let go some people. We all were waiting to see if bussiness got better. It did not.
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optimist578
01-22 11:10 PM
I also want to know the same...
Please, anyone??
As long as she is in status, she can apply for a visa change. What is her status on the day she files for H1 ? If it is legal (H4 has not expired et al) , things should be fine.
Please, anyone??
As long as she is in status, she can apply for a visa change. What is her status on the day she files for H1 ? If it is legal (H4 has not expired et al) , things should be fine.
more...
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GoGreen
11-20 04:29 PM
Dear IV Members,
First of all, this is not an official request from IV Core team.
Any one interested in participating in making Movie/Documentary please let me know.
I would like to gather a group of individuals who are local to Bayarea and are creative in writing, acting etc.
Even you are non local if you want to join with us you are most welcome.
PM me for more details.
We need more characters and also members for pre-production & post-production work.
Any creative ones with musical skills are highly required.
Thanks
Member
you may want to get in touch with IV Core, I am sure they will like your idea and direct you in the right path.
First of all, this is not an official request from IV Core team.
Any one interested in participating in making Movie/Documentary please let me know.
I would like to gather a group of individuals who are local to Bayarea and are creative in writing, acting etc.
Even you are non local if you want to join with us you are most welcome.
PM me for more details.
We need more characters and also members for pre-production & post-production work.
Any creative ones with musical skills are highly required.
Thanks
Member
you may want to get in touch with IV Core, I am sure they will like your idea and direct you in the right path.
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sargon
12-22 10:13 AM
Ok. I just wanted to gauge the feeling of other guys on the state of the economy. So the economy does seem to be doing bad. May be I am just living in weird bubble where none of the IT worker I know has lost the job.
more...
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ntpatil
11-10 04:15 PM
LostInGCProcess,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
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delhiguy79
08-14 03:40 PM
guys i think USCIS is not interested in giving EB 3 guys GC...
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
as mostly EB 3 guys r ppl with Bachelors (and less than 5 yrs exp) or who are stuck with EB3 due to there company (like me)...
EB 2 guys r mostly with ppl having masters degree from US...so i guess they will definetly get more preference than eb3...
I guess US wants to raise there economy by giving GCs...so that ppl more ppl will buy houses....
I hope something happens for EB3 also...but I guess in Oct bulletin PD for EB3 will b some month in 2001....
so gud luck to all of us
more...
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Nikith77
02-22 06:35 PM
we got our EAD cards today, and it is just for 1 year. Did anyone in IV get EAD for 1 year
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GCOP
08-14 03:46 PM
Purpose of going to DC is to seek support of Congress Memebers for Visa Recapture Bill.
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GCVivek
03-29 04:44 PM
If your cousin's company is based in India and has no US subsidary or legal relation with any US-based company, the money is TAX FREE. If they open a US account, they would have legal relation to the US system and therefore have to pay income tax on it.
If they use your account, you will get a 1099 from their client and therefore will show as your earnings and tax will be based on the bracket you fall in (after you add the 1099 earnings). If you are on a work visa (like H1B), this is illegal except for interest earned (I-1099) or stocks/dividents. Other 1099s might affect your immigration process.
Client can use Remit2India, PayPal (charges fees), Creditcards (charges fees) OR just use their company bank (usually free if paid in US dollars).
Thing to keep in mind is: fees, foreign transaction fees, conversion fees are all different from US taxes.
Hi Guys,
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If they use your account, you will get a 1099 from their client and therefore will show as your earnings and tax will be based on the bracket you fall in (after you add the 1099 earnings). If you are on a work visa (like H1B), this is illegal except for interest earned (I-1099) or stocks/dividents. Other 1099s might affect your immigration process.
Client can use Remit2India, PayPal (charges fees), Creditcards (charges fees) OR just use their company bank (usually free if paid in US dollars).
Thing to keep in mind is: fees, foreign transaction fees, conversion fees are all different from US taxes.
Hi Guys,
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
mallu
09-01 12:56 PM
I....but info pass only gives you the answer which in online or when u call them its the same thing....
Not necessarily. I got to know much more details than available online or from those useless USCIS customer service.
Not necessarily. I got to know much more details than available online or from those useless USCIS customer service.
INSpector
08-14 05:20 PM
According to my attorney 2 things
1. You just need the receipts to travel not the Ap approval perse.
2. If your H1B petition is still valid, you are OK, if you notice the botton part of your petition is your original I94, so you are covered with that.
3. according to my attorney CIS will take 45 days for the RD to deliver the I797 notice to you home, so if you applied the last days of July, by the 3rd week of September you will receive the I797 notice.
As note my attorney was president of the AILA last year and her husband work in the CIS, so some how the info is trustable.
Good Luck
1. You just need the receipts to travel not the Ap approval perse.
2. If your H1B petition is still valid, you are OK, if you notice the botton part of your petition is your original I94, so you are covered with that.
3. according to my attorney CIS will take 45 days for the RD to deliver the I797 notice to you home, so if you applied the last days of July, by the 3rd week of September you will receive the I797 notice.
As note my attorney was president of the AILA last year and her husband work in the CIS, so some how the info is trustable.
Good Luck
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