add78
02-18 04:07 PM
Should it not be OK to work for an Indian company (work from home - remote office)
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
No. When you are residing in USA in H4 status, you simply CANNOT work and get paid, regardless of who the employer is (even if outside of USA) or where your "earned income" is being deposited (even if outside of USA) or in which currency your "earned income" is (even if non US dollar) or how you are working that is providing you with "earned income" (even remote office or home office that does not displace american worker)
In short - No.
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
No. When you are residing in USA in H4 status, you simply CANNOT work and get paid, regardless of who the employer is (even if outside of USA) or where your "earned income" is being deposited (even if outside of USA) or in which currency your "earned income" is (even if non US dollar) or how you are working that is providing you with "earned income" (even remote office or home office that does not displace american worker)
In short - No.
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hoosier07
07-25 04:25 PM
Hello folks,
First of all thankyou for your input in advance.
I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.
My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?
Thank you!
First of all thankyou for your input in advance.
I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.
My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?
Thank you!
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mrane1
07-18 04:19 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
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kaisersose
06-16 12:57 PM
She can make all the recommendations she wants, but the decision lies with your employer.
Obviously, no employer can plan to retain his employees forever. It is a fact of life that people move on. So the basic question is, does your employer have problems with you quitting? What is his expectation? You will have to have a clear discussion with him and then see what he needs.
Now if his demands are unreasonable, then you can still move on anyway as you are protected due to 180 days passing since 485 filing. Technically, you do not need your 140 copy. Al you really need is evidence that you were with the sponsoring employer for 180 days after 485 filing. This evidence will be your 485 receipt and paystubs.
Obviously, no employer can plan to retain his employees forever. It is a fact of life that people move on. So the basic question is, does your employer have problems with you quitting? What is his expectation? You will have to have a clear discussion with him and then see what he needs.
Now if his demands are unreasonable, then you can still move on anyway as you are protected due to 180 days passing since 485 filing. Technically, you do not need your 140 copy. Al you really need is evidence that you were with the sponsoring employer for 180 days after 485 filing. This evidence will be your 485 receipt and paystubs.
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funny
10-01 05:01 PM
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...
qplearn
12-19 10:44 AM
I think the Sen.Cornyn's staff do not mind when we call. They like people that support their bill. We have to call just to maintain the momentum.
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
Good to know that. Actually, I have never called his office! I am doing that right away...
Sen.'s office in DC
517 Hart Senate Office Bldg.
Washington, DC 20510
Tel: 202-224-2934
Fax: 202-228-2856
Good to know that. Actually, I have never called his office! I am doing that right away...
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newbee7
07-04 05:08 PM
There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
The real issue here is that people with priority date later than that was in June bulletin were approved. If the July bulleting never became applicable, how were the non-current PD apps approved??
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
The real issue here is that people with priority date later than that was in June bulletin were approved. If the July bulleting never became applicable, how were the non-current PD apps approved??
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rpat1968
09-20 12:14 AM
I got a response for the SR made through Infopass saying that there is lot of work load in NSC so there have extended the processing of my I-485. IN the SR we have asked about the incorrect EB classification and wanted to know the current EB category. This shows that SR responses are most of the times useless. I made a infopass appointment (3rd visit in 1 week) and was indeed able to find that USCIS screwed up my EB classification. Now I am trying all avenues to get this corrected. Because of USCIS's mistake I Lost multiple approval opportunities in last 2 years went dates became current for EB2.
My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.
My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.
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gcisadawg
04-06 09:58 PM
The same thing happened with me also...........this is just plain BS to put us off for atleast 6 months. USCIS does not even tries to find where the hell the case is and will send you the standard letter.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
Man,if ever I get my citizenship, I'd surely sue USCIS for all this bullshit. Your case is way beyond normal processing time and when you file a SR, they send a std. reply asking you to contact after 30 to 60 days. After sixty days, you file another SR and get the same reply and this goes on and on till someone shows mercy!
Will American's put up with this bullshit? Imagine they going to a DMV and asked to come back over and over again before getting a DL. Imagine waiting for years and years to get a passport. I'm sure they wont and expect reasonable service from the government.
It's our time that we have to put up with all these nonsense.
I know, this is a choice we made to come and work here....At the same time, all we are asking for is a reasonable level of service and USCIS is hell bent on denying it.
Let all know the outcome of contacting the senators and I might just follow your foot steps. I know for sure that my case is just waiting a visa # still I had opened up a SR to know where abouts of my case.
Man,if ever I get my citizenship, I'd surely sue USCIS for all this bullshit. Your case is way beyond normal processing time and when you file a SR, they send a std. reply asking you to contact after 30 to 60 days. After sixty days, you file another SR and get the same reply and this goes on and on till someone shows mercy!
Will American's put up with this bullshit? Imagine they going to a DMV and asked to come back over and over again before getting a DL. Imagine waiting for years and years to get a passport. I'm sure they wont and expect reasonable service from the government.
It's our time that we have to put up with all these nonsense.
I know, this is a choice we made to come and work here....At the same time, all we are asking for is a reasonable level of service and USCIS is hell bent on denying it.
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senk1s
08-17 08:53 AM
my case was similar, i had to produce the form for tetanus shot from ER... but dont know if the Dr enclosed that in the sealed envelope
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pd_recapturing
07-09 09:51 AM
Please translate........
The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"
The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"
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suavesandeep
01-13 11:13 PM
If i am not drunk The whole idea of getting a labor substitution done was to get an earlier priority date. So i am pretty sure you should be getting your I-140 approved with the older priority date. I think you should talk to your lawyer to get it corrected.
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
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thomachan72
09-17 09:22 AM
For a person holding a 10-year multiple entry B1/B2 visa, how long can they stay for each visit. Is it determined at the port of entry by the officer? or is there a standard like 30 days or something per visit? I know parents visiting can stay for max of 6 months. Can they travel across to canada and then reenter for another 6 months? Just curious.
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LOL123
07-30 11:25 AM
I am currently working on EAD. My current EAD expires on September 9th 2008. I have e - filed for the renewal EAD on June 13th. The way Texas center is processing it may take a while befoire i get the renewal EAD. My question is - Can I continue working on EAD with the receipt notice of renewal EAD?
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ajaykk
01-06 09:56 PM
Hi,
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
Also, In case if she stays for long, can I apply for a new AP for her when she is in India?
Thanks in Advance.
AJ
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krishnam70
05-01 04:51 PM
Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
you need to wait for the denial letter and see what can be done.
- cheers
kris
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
you need to wait for the denial letter and see what can be done.
- cheers
kris
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ds37
10-19 12:29 PM
Hi
I was also tested possitive due to vaccination in India. did the skin test and X-ray. I talked to my family Dr.(and couple of my Dr. Freinds.) and they all told me that my body will allways react to this test due to vaccination and if X-ray is fine we do not need any medication. In US all the Dr. has to get the test once a year and those vaccinated in their native country has to get an X-ray to confirm it as the test is allways possitive for them.
I would say Consult another Dr. just to be sure.
Thanks
DS
I was also tested possitive due to vaccination in India. did the skin test and X-ray. I talked to my family Dr.(and couple of my Dr. Freinds.) and they all told me that my body will allways react to this test due to vaccination and if X-ray is fine we do not need any medication. In US all the Dr. has to get the test once a year and those vaccinated in their native country has to get an X-ray to confirm it as the test is allways possitive for them.
I would say Consult another Dr. just to be sure.
Thanks
DS
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meridiani.planum
02-22 11:03 AM
Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.
If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.
Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.
One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)
If the reason you are trying to keep the accounts open is because you want to maintain some money in dollars, one option is to open an FCNR account with some Indian bank (SBI for instance). They'll keep your deposit in dollars, and it also remains repatriable (in case you decide that you want that money when in India). The interest rates are also not that bad.
Accounts without any activity are typically marked inactive by banks and they'll try to contact you about it (after ~2 years or so). One workaround is to do online transfers among the bank accounts.
One thing though: your money will be earning interest in the US so you would want to ask a tax consultant whether there is any tax implication of this (ie. are you required to file a return)
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piperwarrior
08-14 05:18 PM
Most personal finance books will tell you that cash life policies (such as Universal Life) are financially bad investments. They are laced with all sorts of fees, which is why salespeople recommend them.
Yes, rates may be different if you are H-1B Vs GC holder. I had taken insurance through an agent recently and he suggested to go for a combination (Universal Life + Term). ULI works differently, its like a savings account, meaning you can always take the premium you paid after 10 or 20 or whatever period you choose (with interest rate). Their interest rates are same as ING or HSBC. Ever wonder how much money we are wasting with Term over a period of 20 or 30 years?
Yes, rates may be different if you are H-1B Vs GC holder. I had taken insurance through an agent recently and he suggested to go for a combination (Universal Life + Term). ULI works differently, its like a savings account, meaning you can always take the premium you paid after 10 or 20 or whatever period you choose (with interest rate). Their interest rates are same as ING or HSBC. Ever wonder how much money we are wasting with Term over a period of 20 or 30 years?
sunny1000
10-10 01:35 AM
The reason is faulty data uscis and dos has been publishing.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
You are correct..If you compare the 10/1/10 485 inventory and the one given by DOS for the Chinese EB3 lawsuit (posted in another thread by Sandy Anand), they don't match either.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
You are correct..If you compare the 10/1/10 485 inventory and the one given by DOS for the Chinese EB3 lawsuit (posted in another thread by Sandy Anand), they don't match either.
satyasaich
06-23 02:17 PM
In case of filing for a spouse (wife or husband) and dependent children, form I-764 clearly ask to provide evidence. Atleast most recent year Tax Returns are REQUIRED as per the form. My attorney updated me to present additional 2 years of federal tax returns (not the state) as well, which are optional. Remember these are REQUIRED alongwith W2s or 1099s.