vin69
02-10 07:21 AM
Hi ,
Does it impact I140 processing if i am outside US and worked with same employer in India ?
I have left for india assignment after concurrent filing (I 485 + I 140)
for 4 weeks and joined back in US for different assignment last year after July filings.
But i have maintained my old residence status and applied for change of address when i came on different assignment and loaction in US.
Has any one experienced similar situation ?
Does on US payroll becoming inactive for some duration ( in my case 4 weeks) make the I40 processing questionable ?
Can anyone advise ?
Thanks in advance,
Vin69
Does it impact I140 processing if i am outside US and worked with same employer in India ?
I have left for india assignment after concurrent filing (I 485 + I 140)
for 4 weeks and joined back in US for different assignment last year after July filings.
But i have maintained my old residence status and applied for change of address when i came on different assignment and loaction in US.
Has any one experienced similar situation ?
Does on US payroll becoming inactive for some duration ( in my case 4 weeks) make the I40 processing questionable ?
Can anyone advise ?
Thanks in advance,
Vin69
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dealsnet
04-27 04:21 PM
I think you are still in H1B fear. SEE A DOCTOR.:eek:
You are a free man. Do what ever you want. Need to live only 6 months per year (check exact days) to live in USA to keep your GC. No need to work, if you have money in hand.
All GC related restrictions are gone after 6 months of getting it.
You are a free man. Do what ever you want. Need to live only 6 months per year (check exact days) to live in USA to keep your GC. No need to work, if you have money in hand.
All GC related restrictions are gone after 6 months of getting it.
anu_t
06-16 04:45 PM
so many times people have already answered this question.
Even if you google it you will find the answer.
Even if you google it you will find the answer.
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rubinop
04-03 11:23 AM
Hi, I just joined the group. Is there anything scheduled so far?
I also have an immigration question.
My employer filed the PERM with EB-2 in September 2007. It was audited in November. Still waiting. I have the fear I could get laid off. If this will happen before the Labor Department approval, and before the 1-year renezaw of my H1-B (exp. Sept.08), what will happen? Do I loose everything?
Thanks for your support.
I also have an immigration question.
My employer filed the PERM with EB-2 in September 2007. It was audited in November. Still waiting. I have the fear I could get laid off. If this will happen before the Labor Department approval, and before the 1-year renezaw of my H1-B (exp. Sept.08), what will happen? Do I loose everything?
Thanks for your support.
more...
raysaikat
04-21 11:37 PM
Hi,
I am really confused about my current status.
I am currently on Opt Extension, which expires on June 1st 2010.
When i filed for H1b visa last year April 2009.
I got my petition approved, but my change of status was denied.
The reason was stated as :
The status previously accorded the worker had expired before this petition was filed. Therefore, the worker si not eligible for change of status.
Now, I am still in US. Is my status illegal?
Unless there is more to the story, you are currently in F1 status assuming that you are not violating OPT rules (e.g., you must be employed in your major field of study --- you cannot keep looking for job on OPT more than 3 months or so, IIRC). Your F1 status will cease when the OPT expires. You will go out of status from June 1, 2010 and so you should go out of US on or before that date. Then you need to get H1-B visa stamp from a consulate abroad (usually it has to be the consulate in your home country for the first stamping) and reenter US.
Make sure that you are not violating any OPT rules --- maybe USCIS thought that you are and that is why they denied COS?
I am really confused about my current status.
I am currently on Opt Extension, which expires on June 1st 2010.
When i filed for H1b visa last year April 2009.
I got my petition approved, but my change of status was denied.
The reason was stated as :
The status previously accorded the worker had expired before this petition was filed. Therefore, the worker si not eligible for change of status.
Now, I am still in US. Is my status illegal?
Unless there is more to the story, you are currently in F1 status assuming that you are not violating OPT rules (e.g., you must be employed in your major field of study --- you cannot keep looking for job on OPT more than 3 months or so, IIRC). Your F1 status will cease when the OPT expires. You will go out of status from June 1, 2010 and so you should go out of US on or before that date. Then you need to get H1-B visa stamp from a consulate abroad (usually it has to be the consulate in your home country for the first stamping) and reenter US.
Make sure that you are not violating any OPT rules --- maybe USCIS thought that you are and that is why they denied COS?
chantu
04-29 09:34 AM
Mine is approved I140. If USCIS doesn't ask for paystub then giving EVL of any consulting firm will solve the problem?
Also, my wife is working on EAD. Can she apply for H1 visa? Will it affect our GC process? I am the primary applicant.
Also, my wife is working on EAD. Can she apply for H1 visa? Will it affect our GC process? I am the primary applicant.
more...
NNReddy
05-24 11:06 PM
Did you apply for 2 extensions during one visit or during different visits. What kind of financial support are you talking about?
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pappu
11-01 08:02 AM
Hello,
My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.
Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.
Thanks in-advance for any update.
yes, if your labor was filed more than a year ago you can get an extension. However I would advice you to first only file 140. get it approved. these days it is fast. and then apply for h1b extension in january. you will be able to get 3 yr extn instead of 1 year. it will save you much extension headaches and legal fees.hope this helps.
My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.
Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.
Thanks in-advance for any update.
yes, if your labor was filed more than a year ago you can get an extension. However I would advice you to first only file 140. get it approved. these days it is fast. and then apply for h1b extension in january. you will be able to get 3 yr extn instead of 1 year. it will save you much extension headaches and legal fees.hope this helps.
more...
greencard_fever
06-26 08:19 AM
some body please reply...
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webm
03-17 05:46 PM
if you have an approved H1B petition and you use AP to enter do you lose your H1 status?
No, not at all...You can still continue working on H1B..
No, not at all...You can still continue working on H1B..
more...
Blog Feeds
08-09 10:40 PM
We recently assisted a client from Johannesburg, South Africa, regarding an H-1B specialty occupation visa. He was approved for an H-1B visa, but in order for our client to enter the United States, he must obtain an H-1B visa in his passport. Because the chances of visa issuance vary greatly depending on documentation and individual circumstances, we suggested that he go to the interview at the U.S. consulate very well prepared. We told him to take a certified copy of his entire H-1B package that was filed with the Immigration Service, along with his Form I-797 Approval Notice. We also suggested that he take original birth certificates, marriage certificate, and proof of financial support. He attended the interview this morning and his experience at the U.S. consulate in Johannesburg, South Africa was documented as follows.
“My wife, myself and our son had our interview at the U.S. Consulate here in Johannesburg this morning, at 9:00am. We duly arrived at 8:30am, had our relevant DS documents checked at the door, took a number, and waited for the “call.” At promptly 9:00am we were called to a booth, where our fingerprints were taken, the DS forms checked with the original I-797 form, and then told to go and sit down again. 10 minutes later, we went back to the booth, had our fingerprints taken again, and that was it. All visas approved, and to pay DHL the delivery costs. No questions asked, no documents asked for, no requirement of proof of copies of documents, nothing. All in all a painless and easy task.”
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/SIuWhfoqaFk/)
“My wife, myself and our son had our interview at the U.S. Consulate here in Johannesburg this morning, at 9:00am. We duly arrived at 8:30am, had our relevant DS documents checked at the door, took a number, and waited for the “call.” At promptly 9:00am we were called to a booth, where our fingerprints were taken, the DS forms checked with the original I-797 form, and then told to go and sit down again. 10 minutes later, we went back to the booth, had our fingerprints taken again, and that was it. All visas approved, and to pay DHL the delivery costs. No questions asked, no documents asked for, no requirement of proof of copies of documents, nothing. All in all a painless and easy task.”
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/SIuWhfoqaFk/)
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new2gc
06-24 10:14 AM
Here is the USCIS official URL page/ press release:
http://www.uscis.gov/files/article/premproc_22jun09.pdf
Now the PERM takes 2years... whats the difference for new guys? My friend stuck in labour for almost 15 months now. got RFE, replied to it and stood stand still..
But this helps for someone who filed during July'07 fiasco and waiting though. I got mine approved in late feb'09 (filed in July 07).
Something is better than nothing.... :-)
http://www.uscis.gov/files/article/premproc_22jun09.pdf
Now the PERM takes 2years... whats the difference for new guys? My friend stuck in labour for almost 15 months now. got RFE, replied to it and stood stand still..
But this helps for someone who filed during July'07 fiasco and waiting though. I got mine approved in late feb'09 (filed in July 07).
Something is better than nothing.... :-)
more...
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immigrationmatters30
09-07 12:11 PM
Well it looks like DOS is saying that court has no authority to ask DOS to do anything.
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bombaysardar
07-09 08:17 PM
How about this idea?
We need to run this past by IV core team
We need to run this past by IV core team
more...
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vnsriv
10-03 03:42 PM
lets do this. been a while.
let the brickbats rain from those who want me to go to vatica and eat thali :D
What's need of creating such kind of thread . It is just wastage of time.:mad:
let the brickbats rain from those who want me to go to vatica and eat thali :D
What's need of creating such kind of thread . It is just wastage of time.:mad:
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pune_guy
02-15 05:34 PM
Is it true that H4 spouse, who do not have SSN are not eligible for tax rebate if while filing a joint tax return for 2007 ITIN is used for spouse.
It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.
My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.
Also will SSN affect her H4 status if EAD is not used?
What do you guys think?
It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.
My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.
Also will SSN affect her H4 status if EAD is not used?
What do you guys think?
more...
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amo76
04-19 10:14 AM
I've been doing some research and It looks like I'm might have to file amended I-140 concurrently with my I-485.
Has anybody gone through this process before?
Has anybody gone through this process before?
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Blog Feeds
12-18 03:40 PM
AILA Leadership Has Just Posted the Following:
In an interview on David Letterman (http://www.youtube.com/watch?v=xpvNXPPOMr8), actor Robert Downey, Jr., talked about a problem he had last year in Japan, when upon entering he was detained and questioned about his past criminal record. Downey said: I probably should have seen there was a sign that said 'No Felons Allowed' in English and Japanese and I haven't had that expunged yet," he said. "You can actually get things expunged but I've been pretty busy. So I was detained, I was interrogated. It was a blast.
Haven't you settled up? Haven't you paid your debts? Letterman asked.
Clearly I haven't paid my debts to Japan, said Downey.
While I certainly feel somewhat bad for Mr. Downey, this short exchange gave the impression that nothing similar would ever happen in America! Hah!
U.S. Immigration Law contains restrictions that bar entry to people forever, for virtually any youthful indiscretion they have ever had, e.g. simple possession of a marijuana 20 years ago, without regard to whether or not you were actually convicted of the crime! You do not even need to have been convicted; the fact that you admit you did it will also get you barred from entry. Heck you will even be bounced (http://www.markshuttleworth.com/archives/43) from the United States after overstaying your visa for one day, leaving one day late, and then trying to come back in on that visa. Or, you will be detained and returned because the officer thinks you MIGHT be working (http://addxorrol.blogspot.com/2007/07/ive-been-denied-entry-to-us-essentially.html).
So, if you were watching David Letterman and thanking your lucky stars that America is far nicer to arriving tourists than Japan--think again!
https://blogger.googleusercontent.com/tracker/186823568153827945-8541560039624368703?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/robert-downey-jr-and-us-immigration.html)
In an interview on David Letterman (http://www.youtube.com/watch?v=xpvNXPPOMr8), actor Robert Downey, Jr., talked about a problem he had last year in Japan, when upon entering he was detained and questioned about his past criminal record. Downey said: I probably should have seen there was a sign that said 'No Felons Allowed' in English and Japanese and I haven't had that expunged yet," he said. "You can actually get things expunged but I've been pretty busy. So I was detained, I was interrogated. It was a blast.
Haven't you settled up? Haven't you paid your debts? Letterman asked.
Clearly I haven't paid my debts to Japan, said Downey.
While I certainly feel somewhat bad for Mr. Downey, this short exchange gave the impression that nothing similar would ever happen in America! Hah!
U.S. Immigration Law contains restrictions that bar entry to people forever, for virtually any youthful indiscretion they have ever had, e.g. simple possession of a marijuana 20 years ago, without regard to whether or not you were actually convicted of the crime! You do not even need to have been convicted; the fact that you admit you did it will also get you barred from entry. Heck you will even be bounced (http://www.markshuttleworth.com/archives/43) from the United States after overstaying your visa for one day, leaving one day late, and then trying to come back in on that visa. Or, you will be detained and returned because the officer thinks you MIGHT be working (http://addxorrol.blogspot.com/2007/07/ive-been-denied-entry-to-us-essentially.html).
So, if you were watching David Letterman and thanking your lucky stars that America is far nicer to arriving tourists than Japan--think again!
https://blogger.googleusercontent.com/tracker/186823568153827945-8541560039624368703?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/robert-downey-jr-and-us-immigration.html)
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ss2005
05-19 10:00 AM
Hi.
I am planning to invoke AC21 via H1B.
My old employer have no issues continuing the same attorney for my future needs.
My new employer asked me to go with their attorney... but I am planning to go with my old guy who applied my 485.
Can I pay AC21, future expenses etc charges from my pocket since I am going with my old attorney.
Is it OK to me paying fees for the GC instead of Employer? Or I shud go with New company Attorney?
Appreciate your help on this.
I am planning to invoke AC21 via H1B.
My old employer have no issues continuing the same attorney for my future needs.
My new employer asked me to go with their attorney... but I am planning to go with my old guy who applied my 485.
Can I pay AC21, future expenses etc charges from my pocket since I am going with my old attorney.
Is it OK to me paying fees for the GC instead of Employer? Or I shud go with New company Attorney?
Appreciate your help on this.
webm
01-13 12:57 PM
It could be -- case transferred to your Local USCIS field office area jurisdiction.
immi_2006
09-20 11:06 AM
desih1B appreciate your response
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