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,
wallpaper Titles include Chicken Soup
satish_hello
09-21 10:48 AM
I got my EAD Physical CARD for both of us, and AP Approved and received yesterday.Waiting for FP
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved @NSC .
I-485 - Sent July6th. @NSC----> Transferred CSC(WAC)---> back to NSC again.
EAD- Card Received
AP - Approved.
FP- ?
AD -?
---------------------------------
Contributed $100 for Rally.
-satish
----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved @NSC .
I-485 - Sent July6th. @NSC----> Transferred CSC(WAC)---> back to NSC again.
EAD- Card Received
AP - Approved.
FP- ?
AD -?
---------------------------------
Contributed $100 for Rally.
dixie
11-28 05:01 PM
Some of us here are under the grand illusion that
(a) the lawmakes consider relief for skilled immigrants in isolation to be an important enough issue that they will make it a priority
(b) Relief for EB immigrants is totally non-controversial and everybody and his brother will back us.
Both assumptions are dead wrong. If 900 of the biggest companies and universities in america cannot convince congress to make SKIL bill a priority, then you know what a formidable challenge lies ahead of us.
As for EB relief being non-controvesial, I only need give one counter-example : S 1932.
We are all desperate for any relief : I repeat ANY. To think that the core team would be so shortsighted as to only pursue grandiose bills like CIR and not be on the look out for smaller relief measures is naive and severely underestimating their intelligence.
(a) the lawmakes consider relief for skilled immigrants in isolation to be an important enough issue that they will make it a priority
(b) Relief for EB immigrants is totally non-controversial and everybody and his brother will back us.
Both assumptions are dead wrong. If 900 of the biggest companies and universities in america cannot convince congress to make SKIL bill a priority, then you know what a formidable challenge lies ahead of us.
As for EB relief being non-controvesial, I only need give one counter-example : S 1932.
We are all desperate for any relief : I repeat ANY. To think that the core team would be so shortsighted as to only pursue grandiose bills like CIR and not be on the look out for smaller relief measures is naive and severely underestimating their intelligence.
2011 chicken soup with rice
needhelp!
01-09 04:20 PM
OK I double checked the new license. Even though the Expiry is 2014, it does have in red "Temporary Visitor Status Expires: 09/09"
and got 7 year (or is it 8) renewed license
and got 7 year (or is it 8) renewed license
more...
vsoni
04-07 12:58 PM
Let's make IV good to great.
I am with IV...I am in NH and I am ready for any action
I am with IV...I am in NH and I am ready for any action
HV000
04-03 02:23 PM
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
more...
RandyK
02-16 01:40 AM
:cool:
2010 chicken soup with rice
kumar_rk21
10-18 02:57 PM
Is it too much to ask Google to put a Diwali logo like it does for Hanukkah or Christmas .. at least if not in google.com but in google.co.in?
Also is it too much to expect American mainstream media to totally NOT ignore Diwali which has significance for the second largest population in the world and instead publish significantly less significant story of the balloon boy?
Is it too much to ask for to include Diwali in the spell check for this editor? (Not wailing or Gwalior ...)
It is this mentality of deliberately ignoring the feeling of majority of the world population that is getting the western civilization more and more isolated and retracted.
Well it doesn't really matter. And I am visiting India now and I can see that this country and China will definitely kick ass of Western civilization .. as it is already doing. The people here are hungry for more and in spite of seemingly unsurmountable problems it will succeed and once again India will be the "Sone Ke Chiriya".
With this thoughts and wishing peace .. happy and prosperous diwali to everyone.
May Lord Rama bless the world.
Wow.. I don't understand why we always make a big fuss of such things. Do we think that we are so special or we are just too sensitive because of our inferiority complex. Invent something that will change the world for better, win some gold medals in Olympics, improve the quality people by building better infrastructure, innovate and accomplish and the world will automatically notice. And yes, don't be an hypocrite, go back and do something good if you truly believe in it. Change starts within and courage to accept one's weakness leads to strength. Patting yourselves in the back for the achievement made so far only bring complacency and my friend we have a long way to go!
Cheers
Also is it too much to expect American mainstream media to totally NOT ignore Diwali which has significance for the second largest population in the world and instead publish significantly less significant story of the balloon boy?
Is it too much to ask for to include Diwali in the spell check for this editor? (Not wailing or Gwalior ...)
It is this mentality of deliberately ignoring the feeling of majority of the world population that is getting the western civilization more and more isolated and retracted.
Well it doesn't really matter. And I am visiting India now and I can see that this country and China will definitely kick ass of Western civilization .. as it is already doing. The people here are hungry for more and in spite of seemingly unsurmountable problems it will succeed and once again India will be the "Sone Ke Chiriya".
With this thoughts and wishing peace .. happy and prosperous diwali to everyone.
May Lord Rama bless the world.
Wow.. I don't understand why we always make a big fuss of such things. Do we think that we are so special or we are just too sensitive because of our inferiority complex. Invent something that will change the world for better, win some gold medals in Olympics, improve the quality people by building better infrastructure, innovate and accomplish and the world will automatically notice. And yes, don't be an hypocrite, go back and do something good if you truly believe in it. Change starts within and courage to accept one's weakness leads to strength. Patting yourselves in the back for the achievement made so far only bring complacency and my friend we have a long way to go!
Cheers
more...
sc3
08-07 08:22 PM
I plead Guilty, but to lesser charges.
As a long time EB3 sufferer (and will continue to suffer for a long time to come, 7 years and counting), it is very difficult to sign up for "hang in there, and hang in together". By now my spinal cord is at the breaking point, I was 5.4 when I started hanging in there, now I am 7.2 and growing (check out the latest Guinness book of record for the longest neck).
IV has done a lot, and I applaud it for doing so. However, I don't subscribe to "hang in together" mantra anymore (the current EB1 spill-over still rankles me), but I don't use IV for such discussion anymore. *Some* EB2'ers initially bashed us for being silly and jealous, and now they want EB3s to not port. Just as the reputation I have shored up, it looks like "EB3s are infamous around these parts".
As a long time EB3 sufferer (and will continue to suffer for a long time to come, 7 years and counting), it is very difficult to sign up for "hang in there, and hang in together". By now my spinal cord is at the breaking point, I was 5.4 when I started hanging in there, now I am 7.2 and growing (check out the latest Guinness book of record for the longest neck).
IV has done a lot, and I applaud it for doing so. However, I don't subscribe to "hang in together" mantra anymore (the current EB1 spill-over still rankles me), but I don't use IV for such discussion anymore. *Some* EB2'ers initially bashed us for being silly and jealous, and now they want EB3s to not port. Just as the reputation I have shored up, it looks like "EB3s are infamous around these parts".
hair Chicken soup with rice
snathan
02-17 07:55 PM
My wife worked as a consultant for first half of 2008 with a desi employer as an employee (on W-2). After many calls and emails we received W-2 Thursday that has income and taxes of only first two months. Now he says that he showed remaining 4 months as his profit so he can only send 1099. Please advise if I can take any legal action against this employer.
Thank you
There is an option in turbo tax, if you didnot receive the w-2 from employer you need to submit another form. So explore that one and will give you more information.
I guess if you are submitting that form, IRS will take care of your employer issue. Otherwise just call the Trubo Tax people if you are using them.
Thank you
There is an option in turbo tax, if you didnot receive the w-2 from employer you need to submit another form. So explore that one and will give you more information.
I guess if you are submitting that form, IRS will take care of your employer issue. Otherwise just call the Trubo Tax people if you are using them.
more...
vardinishankar
03-02 01:06 PM
My case is as detailed below, and my questions follow:
PD: July 2007, EB2 (India), Software field
Labor, I-140: Approved, I-485 etc. NOT filed.
H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
Currently outside US, NOT working for the H1 sponsoring employer.
My employer has NOT revoked my H1 or I-140.
I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.
I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:
(Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
5) if yes, will my PD of July 2007 be maintained?
(Different employer, as Indian citizen, knowing that I am currently out of the US):
6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?
If I become a Canadian Citizen:
9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?
Also:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?
Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.
PD: July 2007, EB2 (India), Software field
Labor, I-140: Approved, I-485 etc. NOT filed.
H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
Currently outside US, NOT working for the H1 sponsoring employer.
My employer has NOT revoked my H1 or I-140.
I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.
I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:
(Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
5) if yes, will my PD of July 2007 be maintained?
(Different employer, as Indian citizen, knowing that I am currently out of the US):
6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?
If I become a Canadian Citizen:
9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?
Also:
11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?
Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.
hot chicken soup for the
eager_immi
01-24 07:24 PM
I think the only people who would oppose this are the ones who are not really contributing. I think it is quite appropriate to have that information. Beacause it will encourage people to contribute something like the domino effect.
more...
house chicken soup for the
javadeveloper
03-18 11:17 AM
Thanks all for your responses.As per my attorney I am still in status because of pending AOS.Thanks again
tattoo chicken soup for the
niklshah
11-23 11:31 PM
some one gave me red and said that " where were u when all the EB2 guys were united together against EB3" my answer is that moron EB2 guys were wrong too they were jumping when bulletin moved forward in their favour, now see the bulletin every one is there where they were before... so we have to be united in all the situation and fight for retrogession
more...
pictures chicken soup for the
Blog Feeds
01-18 05:10 AM
My friend Cyrus Mehta reports on a disturbing incident that occurred last week at Newark's international airport. Apparently CBP officers got hold of the new Neufeld memorandum on H-1B workers at third party work sites and decided to start applying it on their own. Aside from being contrary to established procedures for revoking visas, CBP officers made inappropriate comments and issued threats that cry out for some form of disciplinary action by DHS: It is then no surprise that the outrageous singling out of Indians since the New Year waiting in the line at Newark and other airports by CBP...
More... (http://blogs.ilw.com/gregsiskind/2010/01/cbp-officers-targeting-indian-h1b-entrants.html)
More... (http://blogs.ilw.com/gregsiskind/2010/01/cbp-officers-targeting-indian-h1b-entrants.html)
dresses chicken soup for the
copsmart
01-08 08:43 AM
http://in.reuters.com/article/companyNews/idINBOM40463220090108
Really a tough time for Satyam employees.
Really a tough time for Satyam employees.
more...
makeup chicken soup for the
Ram_C
11-19 01:07 PM
waiting from 2005 is not at all a big deal, some folks here are waiting for a decade to get a chance to apply for 485 (due to BEC black hole, having to restart GC process from scratch due to various reasons ..etc)
no offense though..
good luck :)
no offense though..
good luck :)
girlfriend chicken soup for the
yourvijay
11-13 04:21 PM
Hi,
I have become a PR in year 2004. Here is my experience.
Pulled my vehicle aside well ahead of the toll gate.
(I knew if i cross that toll that means i left USA.)
Informed cop/securitythat i am leaving USA for good and need to resturn I-94 to CBP. He asked me to park near the Duty free store and showed me an entrance for CBP.
CBP offcier asked the following things.
1. Where are you going ?
A. Landing to become canadian PR.
2. Will you come back ?
A. No. I will reside in Canada.
3. Give me your passport.
A. Gave him the passport (He looked at PR Visa)
4. Note down this I-94 number. For some reason if you decide to come back in less than 30days, make sure you give this number to CBP here if you dont get USA visa stamped in the passport.
Went to the canada immigration. They stamped in the passport as
" LANDED IMMIGRANT AS OF 11/24/2004 ". Asked me to show the title of the car on my name (They verified that i dont have any loan pending on it).
Asked about goods to follow. I told them. I am not going to bring any thing, i will buy in canada. They asked for proof of funds. I showed bank letter and some certified checks. Thats it.
Every border has CBP. Their building will be facing to wards Canada as their main work is checking the incoming traffic. How ever its our responsibility that we reach them and submit I-94.
WELCOME TO CANADA. WISH YOU BEST OF LUCK.
I have become a PR in year 2004. Here is my experience.
Pulled my vehicle aside well ahead of the toll gate.
(I knew if i cross that toll that means i left USA.)
Informed cop/securitythat i am leaving USA for good and need to resturn I-94 to CBP. He asked me to park near the Duty free store and showed me an entrance for CBP.
CBP offcier asked the following things.
1. Where are you going ?
A. Landing to become canadian PR.
2. Will you come back ?
A. No. I will reside in Canada.
3. Give me your passport.
A. Gave him the passport (He looked at PR Visa)
4. Note down this I-94 number. For some reason if you decide to come back in less than 30days, make sure you give this number to CBP here if you dont get USA visa stamped in the passport.
Went to the canada immigration. They stamped in the passport as
" LANDED IMMIGRANT AS OF 11/24/2004 ". Asked me to show the title of the car on my name (They verified that i dont have any loan pending on it).
Asked about goods to follow. I told them. I am not going to bring any thing, i will buy in canada. They asked for proof of funds. I showed bank letter and some certified checks. Thats it.
Every border has CBP. Their building will be facing to wards Canada as their main work is checking the incoming traffic. How ever its our responsibility that we reach them and submit I-94.
WELCOME TO CANADA. WISH YOU BEST OF LUCK.
hairstyles chicken soup for the
kode
01-03 09:34 AM
consider me in .. :bad:
like Guig0 said .. battles are fun (-:
like Guig0 said .. battles are fun (-:
HateIV
05-30 04:42 PM
I got this while I tried to login to my account.
Is it because I did not pay any donations? It seems to me that the admins are after money than anything else and hence I never paid.
You have been banned for the following reason:
No reason was specified.
Date the ban will be lifted: Never
Is it because I did not pay any donations? It seems to me that the admins are after money than anything else and hence I never paid.
You have been banned for the following reason:
No reason was specified.
Date the ban will be lifted: Never
chanduv23
09-19 07:17 AM
All IV Greats,
I am very sorry for not able to make it as my whole family got sick since the weekend.
I am glad to here that so many volunteers and people showed up.....
Keep up the good work....
Sincerely
Not a problem - your support and encouragement is great
I am very sorry for not able to make it as my whole family got sick since the weekend.
I am glad to here that so many volunteers and people showed up.....
Keep up the good work....
Sincerely
Not a problem - your support and encouragement is great
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