desi3933
07-08 11:08 AM
While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.
Thank You and best wishes
While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.
This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.
.
Thank You and best wishes
While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.
This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.
.
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noboundaries78
10-09 06:55 PM
I am not a lawyer, but this is what I can tell (as far as I know):
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
I just went through a job change with an approved I-140 and can tell you that whatever kodur_007 has stated is true from personal experience.
Its a rather big pain though but that's the fate of an immigrant(specially I or C) in the US.
1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.
2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.
3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.
4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!
Good Luck.
I just went through a job change with an approved I-140 and can tell you that whatever kodur_007 has stated is true from personal experience.
Its a rather big pain though but that's the fate of an immigrant(specially I or C) in the US.
phigi
03-28 12:35 PM
your payroll should be run against the place of your work and not your employer's state!
This is important!!!
This is important!!!
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ChainReaction
06-18 12:41 PM
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
more...
EB2_Jun03_dude
11-29 04:15 PM
yes I did. Here are my details
PD: EB2 India - Jun03
I140 approved: Nov 05
I-485 applied: Jun 05
FP1: Jul 05
FP2: May 07
AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.
PD: EB2 India - Jun03
I140 approved: Nov 05
I-485 applied: Jun 05
FP1: Jul 05
FP2: May 07
AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.
niklshah
01-06 08:58 AM
change the title of thread buddy its misleading. change to something like guessing on feb visa bulletin.. or time waste on feb visa bulettin..
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gc_chahiye
08-19 12:40 AM
I have problem with my lawyer too .I found out he made a mistake on my application concerning my information.my employer gave me the password so I checked my status on line.and when I asked him what gonna happen with my application .he were furious and he ask me who told you and he says thats not true.but I saw every thing with my proper eyes .any way he told me that next time if I wana talk to him I have to send him a check of 250 dollar the price of the consultation.then he can answer my question.and he told me that if he wana hurt me he can do it.I don't know what he means.and after I called my employer to tell him about the lawyer .today I foundout that the password for checking the status was changed. here's my story friends .plus my perm is pending for 127 day by now. please guys advice
if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.
if you are within 6 years of your H1 change jobs ASAP, you need a supportive employer at many stages in the GC process. As it is the ride is wild and painful, if your employer is also acting smart it can be horrible for you. Jump to a better employer (even if you take say a 10% hit in pay) and restart GC asap.
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cakewalkr7
08-20 01:45 PM
I modified the height instead of the scaleY for the grid and that seemed to work. However I got some unexpected results. When I used the scaleY method all the children in the grid also scaled. But using height left the children's height unaffected. Is this how it should be? It seems strange that the grid below it would slide up as I had hoped yet the upper grid's child textbox and label sizes stay the same and in place.
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GoneSouth
03-21 10:40 AM
Hi Nickhil,
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
See my response on this other thread (http://immigrationvoice.org/forum/showthread.php?t=3625). I think the only way you can get a second PERM approved for same employee at same company, is if the second position is "significantly different" from the first position. E.g., at least a different job title and different job description, but ideally completely different o*net code. Note that your problem will be with DoL at the LC stage, not USCIS at the I-140 stage. DoL will not approve a second PERM app for same employee at same company if position is substantially similar.
You *might* be able to get approval for a second PERM with similar job description if you completely withdraw the first PERM. I'm not sure if you can withdraw a PERM certification after its been used for an I-140 though.
With trickier cases like this, I've always found it helpful to get second and sometimes third opinions from attorneys at other firms.
- gs
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senthil1
02-10 02:15 PM
Another issue is no Banks or Companies issued any statement. Simply they will be accepting the conditions to get the money. Nothing is going to acheived when a few people go for ralley as it will turn out to be get together.When any of the provision comes for Tech companies Compete America and Microsoft would have opposed it.
You are missing the point. Let me start by saying that I AM ON EAD. I do not work for the financial sector. I am NOT affected by the H-1B ban.
The problem is not H-1B ban in itself, but the growing rhetoric that puts legal EB community right along the side with border jumpers. I see the same sense of resentment towards EB immigrants that people have towards illegal immigrants. This is deeply troubling.
There is not a single lawmaker who is questioning the antics used by the anti-EB advocates. The Senate passed the Grassley amendment with voice vote, without any debate or comments. Nobody even asked for a count. In a sense, silence is acceptance (by everybody) of the allegations made by anti-EB advocates. This shows the direction in which the EB reform is headed (or not headed). If the current trend continues, CIR will come and go without any measures for EB immigration. All of us will be left hanging with our EADs forever.
The H-1B ban is just the tip of the iceberg. When you say its not affecting people with EAD, I feel like you are watching the ocean recede signaling the oncoming tsunami and you are saying that oh, the water is going away, I am sitting on the beach, no problems here.
The Congress will pass the provisions that they think is in the best interest of the country. We can't and won't fight that. If abolishing H-1B or EB entirely is part of that, so be it. But let it not be under false pretenses that people like you and me are cheap and somehow stealing jobs. Lets do our part to ensure that they make an informed decision. Calling us cheap laborers is a slap on our face. The least we can do is stand up for ourselves.
Time is short. We can't expect people to travel from far. We don't need thousands of people. Even 10 people can make such a protest meaningful if we do it effectively and time it right. I welcome any and all suggestions from others - including criticism, which will only make our efforts more effective.
You are missing the point. Let me start by saying that I AM ON EAD. I do not work for the financial sector. I am NOT affected by the H-1B ban.
The problem is not H-1B ban in itself, but the growing rhetoric that puts legal EB community right along the side with border jumpers. I see the same sense of resentment towards EB immigrants that people have towards illegal immigrants. This is deeply troubling.
There is not a single lawmaker who is questioning the antics used by the anti-EB advocates. The Senate passed the Grassley amendment with voice vote, without any debate or comments. Nobody even asked for a count. In a sense, silence is acceptance (by everybody) of the allegations made by anti-EB advocates. This shows the direction in which the EB reform is headed (or not headed). If the current trend continues, CIR will come and go without any measures for EB immigration. All of us will be left hanging with our EADs forever.
The H-1B ban is just the tip of the iceberg. When you say its not affecting people with EAD, I feel like you are watching the ocean recede signaling the oncoming tsunami and you are saying that oh, the water is going away, I am sitting on the beach, no problems here.
The Congress will pass the provisions that they think is in the best interest of the country. We can't and won't fight that. If abolishing H-1B or EB entirely is part of that, so be it. But let it not be under false pretenses that people like you and me are cheap and somehow stealing jobs. Lets do our part to ensure that they make an informed decision. Calling us cheap laborers is a slap on our face. The least we can do is stand up for ourselves.
Time is short. We can't expect people to travel from far. We don't need thousands of people. Even 10 people can make such a protest meaningful if we do it effectively and time it right. I welcome any and all suggestions from others - including criticism, which will only make our efforts more effective.
more...
softcrowd
04-16 09:46 PM
Nothing to panic. This is a disaster & the entire world knows about it. Just make sure to take the screenshots of flight cancellation status & few online news headlines. Ask your parents to carry this while traveling to US in future.
For now, try to see there are any other options for them (like booking the ticket via one of those middle-east airlines). If not, just wait till middle of the next week so situation would be improved anyway.
Couple of days delay is easily justifiable under extraordinary situation like this one.
For now, try to see there are any other options for them (like booking the ticket via one of those middle-east airlines). If not, just wait till middle of the next week so situation would be improved anyway.
Couple of days delay is easily justifiable under extraordinary situation like this one.
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desigirl
04-28 10:00 AM
Business groups, which have clashed with Democrats over everything from health care to Wall Street reform, have been working quietly with Congressional leaders and another one of their typical opponents � unions � to seek an immigration overhaul, says Benneth Roth
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Legal_In_A_Limbo
04-28 11:43 AM
The thing is it is kind of strange that they are working on Sundays to reopen cases.
I hope things work out for good for everyone.
I hope things work out for good for everyone.
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PDOCT05
11-03 09:28 AM
Did you called USCIS?If not call them and check ask for the status.
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hpandey
08-19 01:29 PM
I don't know what's the point of posting such news here. There are fraud people everywhere and hundreds of fraud cases everyday . Should we start posting everything or is it your wish to malign Indians and give Indians a bad name. You seem to be no different from Grassley and company who seem to pick up 10 fraud H1b cases out of 100,000 and say that H1b is a big fraud.
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gc@waiting
07-25 06:17 AM
Can someone shed some light as to what exactly are the things checked and the steps in 140 processing? Is it one's education credentials or employer history and/or ability to employ/pay etc?
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rksaigal
06-19 05:48 PM
Let me enlighten you folks here who are talking about double standards.
First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?
First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?
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GC Struggle
04-09 12:31 PM
Nothing to worry. - It means that your case has been transferred to your local office.
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ksircar
11-30 12:39 PM
Can someone please advice which immigration documents (apart from Passport and AP) should I carry to re-enter US using AP?
Please share your experience.
Thanks in advance.
Please share your experience.
Thanks in advance.
nixstor
08-23 12:16 PM
I see a lot of people flocking into "Orkut". How about incorporating a dose of IV through orkut if some of us are already there? What is more important is, making people aware of the consequences they might have to face, even if they havent filed for their GC yet.
Tantra
07-13 11:40 AM
Please post a message here to help encourage more guests of join in.
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