shruthi07
01-14 07:20 PM
Your wife has valid legal status till July 2008. The Officer at the POE should give the I-94 date as July 2008 as visa is used only for entering the country before June 2007. If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected. My friend has been in the same situation and was given the later date at POE.
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ameryki
07-16 11:42 AM
Hello,
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
While I do not have first hand experience. I do not believe the IO will care about your employment status or employer given that you have an AP don't recall anyone here saying that they were asked about the employer when using AP to enter.
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
While I do not have first hand experience. I do not believe the IO will care about your employment status or employer given that you have an AP don't recall anyone here saying that they were asked about the employer when using AP to enter.
GreenLantern
04-13 05:55 PM
I forgot to mention that I am also proficient in Photoshop 7.
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royus77
07-05 07:55 PM
Hello,
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
401k is a employee sponsered retirement program .I think they can stpulate rules/regulations . Being on a L1 Visa i think they can always say they moved you on a intra company transfer and not having any intension to sponser your immigration papers ( Green Card)
I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
PLEASE HELP.
401k is a employee sponsered retirement program .I think they can stpulate rules/regulations . Being on a L1 Visa i think they can always say they moved you on a intra company transfer and not having any intension to sponser your immigration papers ( Green Card)
more...
lostinbeta
10-05 01:12 PM
Hey Ilyas. Thanks for the compliment:)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
roseball
05-02 10:52 AM
I understand that the chance is slim.... almost microscopic :rolleyes: But I need to prepare for the worst case (or is it the best...?? :confused:) hence the question.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
Yes, CP depends on PD as well. The best option for you is to have her fly back to US once the Visa bulletin shows your PD as current and start the prep work (documents, medical tests etc) and file her case along with AP/EAD so once she gets her AP approval, she is free to travel again.
Any idea about how long consular processing takes and does it depend on priority dates (in the case of a further retrogression)?
Thanks for the input, will keep a close watch on the visa bulletin and keep my wife's return trip options open.
Thanks again.
Yes, CP depends on PD as well. The best option for you is to have her fly back to US once the Visa bulletin shows your PD as current and start the prep work (documents, medical tests etc) and file her case along with AP/EAD so once she gets her AP approval, she is free to travel again.
more...
nefrateedi
07-16 05:12 PM
That could explain why NSC never got the memo. Remember only EB I-485 is in question.
That's incorrect. NSC does accept employment based I-485 applications.
That's incorrect. NSC does accept employment based I-485 applications.
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ss2005
06-11 01:20 PM
[QUOTE=alseethis;254669]How is the market? I want to share my history and see if the situation is the same in other places.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
One of my friend is trying to recruit SAP guy in FL but he is not able to get GC guy due to pay. His company is not able to pay more than 110K.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
One of my friend is trying to recruit SAP guy in FL but he is not able to get GC guy due to pay. His company is not able to pay more than 110K.
more...
number30
03-12 07:02 AM
You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
How big a issue is this. Should I be very scared?
Do not worry not abig deal. Just enter the amounts in $. This year Citi has used Rs 46 per $. Even I did not do it for first four years.
So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
How big a issue is this. Should I be very scared?
Do not worry not abig deal. Just enter the amounts in $. This year Citi has used Rs 46 per $. Even I did not do it for first four years.
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roseball
02-09 03:08 PM
Hi,
My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?
Please help.
Thanks.
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?
Please help.
Thanks.
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
more...
ayaskant
02-01 10:20 AM
Thanks kanshul for ur reply. What is your suggestion for me.
Should I stick onto my current employer.
Do you have any clue when will be the date current for me.Any chance in this year?
My clients have made my life hell forcing me to join in the company as permanent.
Should I stick onto my current employer.
Do you have any clue when will be the date current for me.Any chance in this year?
My clients have made my life hell forcing me to join in the company as permanent.
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sgupta33
08-28 04:07 PM
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.
Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.
more...
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jonty_11
05-21 05:47 PM
You think its that easy to swing it our way with DEMS in power.....aint happenning.
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vine93
05-08 07:58 PM
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
Read this line
Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.
I posted this earlier, Admin has deleted my post.
hiya
more...
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StuckInTheMuck
05-04 03:39 PM
[I apologize for starting a non-immigration related thread on this personal question.] I am trying to quickly book a US-India Lufthansa flight via Frankfurt for June travel, and the one I am looking at gives me 2-hr stopover (+30mins for boarding) at FRA in between connections, in the same terminal, on the return leg of the trip. My question to those of you who recently traveled via FRA is whether 2-hr is long enough to make the connection. I haven't had such a trip in a while, and not up-to-date with any additional (passport/immigration) verification procedure at this airport. I do know FRA does not require a transit visa.
Thanks a bunch for your time.
Cheers,
stuck
Thanks a bunch for your time.
Cheers,
stuck
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Fugu
01-11 03:02 PM
The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
more...
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getrdone
09-17 01:54 AM
I got similar information from IO
I am not sure what he meant by before it expires?
Did you ask what happens when it expires?
and what about the 180 days rule? I was told that they would look in application pending more than 1 yr during Nov.
And application pending more than 2 yrs are already processed ( as per press release)
good luck !!
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
I am not sure what he meant by before it expires?
Did you ask what happens when it expires?
and what about the 180 days rule? I was told that they would look in application pending more than 1 yr during Nov.
And application pending more than 2 yrs are already processed ( as per press release)
good luck !!
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
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waitin_toolong
10-29 02:13 PM
H4 people used to use TaxID instead of SSN in their tax returns (joint filing for ex.). What do they use when they get SSN after EAD ? Do they use SSN or just the Tax ID. Is there any requirement that they inform IRS that they got SSN and start using it instead ?
If you read the letter that came with ITIn it says that when you obtain SSN then send a copy of SSN and ITIn to IRS informing them of the change.
Till last year changing to SSN required paper filing of taxes, but now has made a provision in e-filing to accomodate the change, but I would personally give plenty of room (time wise) to avoid any bugs that might be there in the system.
If you read the letter that came with ITIn it says that when you obtain SSN then send a copy of SSN and ITIn to IRS informing them of the change.
Till last year changing to SSN required paper filing of taxes, but now has made a provision in e-filing to accomodate the change, but I would personally give plenty of room (time wise) to avoid any bugs that might be there in the system.
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Blog Feeds
08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
reachinus
11-19 03:55 PM
1. My friend is on H1 and have EAD (June'07 filer) for both him and his spouse... his spouse (secondary aplicant) is currently working on her EAD.. If his company lays him off... Would his wife have any effect on her employment?
No
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
Yes
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment?
No
3a. If he goes to India on AP.. for how long could he go?
Untill the day before the expiry of AP
4. Could he take up any job and keep switching till priority date becomes current?
Yes. but advisible to stay in same or similiar job
5. Also what happens if and when priority date becomes current?
Should obtain an EVL from the Current\Future employer assuring a full time permanent job.
No
2. Could he renew my EAD/AP on my own with no employer support (despite he has no job)
Yes
3. What if he goes to India on AP (or otherwise).. would that have effect on his wife's EAD/employment?
No
3a. If he goes to India on AP.. for how long could he go?
Untill the day before the expiry of AP
4. Could he take up any job and keep switching till priority date becomes current?
Yes. but advisible to stay in same or similiar job
5. Also what happens if and when priority date becomes current?
Should obtain an EVL from the Current\Future employer assuring a full time permanent job.
srikondoji
10-18 04:49 PM
I will vigorously start buying megamillions and powerball tickets twice as musch as i do now. Atleast getting powerball lottery is better than getting GC through EB2 and EB3 category probability wise.
go powerball
go megamillions
go powerball
go megamillions
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