desi3933
05-04 10:44 AM
Hi,
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.
I want to know for how long I can work from India on H1 being on US payroll?
You are not any visa status when you are not present in the USA.
As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.
_______________________
Not a legal advice.
US citizen of Indian origin
My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.
I want to know for how long I can work from India on H1 being on US payroll?
You are not any visa status when you are not present in the USA.
As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.
_______________________
Not a legal advice.
US citizen of Indian origin
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manderson
01-11 10:20 AM
I personally think 1 yr+ wait should work. But definitely take the letters-to-congressmen route first.
BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)
BTW I am basing my answer on some of the case studies I have read in http://www.ilw.com/ (sorry I didn't save any links)
myimmiv
12-17 02:22 PM
Arrived at IAD POE with 5 days left on AP before expiry. No problems. You will get 1 full year from the date of entry on I-94 irrespective of expiration date on AP.
Did you mean DIA POE ?
Did you mean DIA POE ?
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crazymish
03-06 12:33 AM
your wife is exempt from EAD/AP fees. If you apply online for her EAD or AP, the system will automatically figure that out and will not charge anything additional
Thx for the reply, one final question on the same lines per the reply above, if I were to file online, would the system ask her to go for fingerprinting again, i heard that if we were to apply paper based then we do not need to go again for a fingerprinting session. Please do share your thoughts here people.
Thx for the reply, one final question on the same lines per the reply above, if I were to file online, would the system ask her to go for fingerprinting again, i heard that if we were to apply paper based then we do not need to go again for a fingerprinting session. Please do share your thoughts here people.
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VSS2007
06-25 10:10 PM
Hi,
I am also in the same boat. Looking forward to here some reply.
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
I am also in the same boat. Looking forward to here some reply.
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
nashorn
12-17 08:57 PM
Hi friends!
I have applied for my I-485 in June 2007.
This is what i got on 29 Nov-2007
On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
and on Dec 11th my status changed to
On December 11, 2007, the post office returned our last written notice on this case as undeliverable
My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..
we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.
if somebody who knows or gone through the same please share with me what you did and what happened.
thanks a lot.
Ramana.
If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.
People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.
I have applied for my I-485 in June 2007.
This is what i got on 29 Nov-2007
On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
and on Dec 11th my status changed to
On December 11, 2007, the post office returned our last written notice on this case as undeliverable
My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..
we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.
if somebody who knows or gone through the same please share with me what you did and what happened.
thanks a lot.
Ramana.
If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.
People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.
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redelite
08-19 10:32 AM
I'll try to get one up sometime today along with a YA RLY one, I got a few ideas up in my noggin'..
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shana04
02-01 06:21 AM
I am planning to use AC21 and would like to change attorney for my 485 (along with my spouse). Please suggest a good immirgation attorney.
Also provide feed back if you have any experience.
I am planning for Rajiv kahanna, even though he is bit expensive.
Thanks in advance.
Also provide feed back if you have any experience.
I am planning for Rajiv kahanna, even though he is bit expensive.
Thanks in advance.
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srini1976
03-22 08:56 PM
This is from murthy.com
TRAGIC ACCIDENT - We regret to inform you that four students from Andhra Pradesh, India died and one is critically injured in a fatal car accident which took place in Missouri. Our condolences go out to the families of those who did not survive.
TANA, along with the local Telugu Association of St. Louis, is raising funds to care of things related to this accident and to help the families back home. Please visit and donate online at www.tana.org/donate. Select donation choice - Team Square.
TRAGIC ACCIDENT - We regret to inform you that four students from Andhra Pradesh, India died and one is critically injured in a fatal car accident which took place in Missouri. Our condolences go out to the families of those who did not survive.
TANA, along with the local Telugu Association of St. Louis, is raising funds to care of things related to this accident and to help the families back home. Please visit and donate online at www.tana.org/donate. Select donation choice - Team Square.
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nogc_noproblem
02-14 02:58 PM
Thanks Lazycis.
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
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kukitron
08-07 09:01 AM
Hello Gurus,
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
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copsmart
06-23 10:22 PM
Same here.
I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.
Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.
you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.
I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.
Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.
you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.
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Student with no hopes
01-24 09:40 AM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?
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myimmiv
12-17 04:24 PM
No.
We did not renew her I-94. She's my dependent and I'm EAD. She doen't even have an EAD, I haven't appllied for her yet.
Our I-94 are expired now and our AP too. If I need to travel, I will need to apply for a new AP.
BTW, we entered through Denver (DIA).
All you need is your passport and AP. That's all!!!!
You will be on a separate line and the immigration officer will ask you to go to a room and wait there while they verify your status. They will ask you questions to check if your anwers are consistent with your records.
Thanks again lagsum. Do you recollect what questions were asked by the officer to you and to your daughter?
We did not renew her I-94. She's my dependent and I'm EAD. She doen't even have an EAD, I haven't appllied for her yet.
Our I-94 are expired now and our AP too. If I need to travel, I will need to apply for a new AP.
BTW, we entered through Denver (DIA).
All you need is your passport and AP. That's all!!!!
You will be on a separate line and the immigration officer will ask you to go to a room and wait there while they verify your status. They will ask you questions to check if your anwers are consistent with your records.
Thanks again lagsum. Do you recollect what questions were asked by the officer to you and to your daughter?
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pooja_34
10-17 09:33 PM
We never had to tell the IO to do anything. They knew what to do.
But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.
But we never had that problem to deal with.
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
But if some IO tries to keep a copy of the original after the initial time - I would tell them that it is the only original that you have left.
But we never had that problem to deal with.
Thanks do I need to specifically tell the immigration officer at port of entry to make a copy?
pooja_34
Junior Member
Join Date: Dec 2006
Posts: 14
The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.
My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.
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maddunr
10-19 11:57 AM
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
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calboy78
07-28 01:59 PM
Kewl, so, its a dead mass update, No worries, thanks, Thread can be closed
What does "dead mass update" mean ? btw I am EB2 with PD in APR 04 and I got soft LUD on my approved 140, and APs on July 27.
What does "dead mass update" mean ? btw I am EB2 with PD in APR 04 and I got soft LUD on my approved 140, and APs on July 27.
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ganip
10-30 12:46 PM
Hi,
I recieved my EAD card recently and noticed that the date of birth on the card is not correct(I filled the application incorrectly the montha day got swapped),can you please suggest on what i have to do to correct the date on the card.
I recieved my EAD card recently and noticed that the date of birth on the card is not correct(I filled the application incorrectly the montha day got swapped),can you please suggest on what i have to do to correct the date on the card.
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i4u
04-26 10:45 AM
RFE can be issued to any person of any age. Until you know what the RFE was for, it is unlikely that anyone can help.
But as you said, your entire family got it so the rfe must be something minor.
But as you said, your entire family got it so the rfe must be something minor.
authrd
07-26 08:05 PM
My attorney asked for all prior H1 or L1 approval notices. I told him I don't have them. I only have my current H1 approval notice. I do have all visa stamps on my passport. He told me USCIS is very likely to ask for those.
shana04
11-05 02:34 PM
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
It all depends on the rollercoster where you have been in your life.
May be one day I would be on the other side talking more optimistic.
But I would never critic others opinion based on the fact that what they are going through (in life).
But I would say good luck to you my friend.
It all depends on the rollercoster where you have been in your life.
May be one day I would be on the other side talking more optimistic.
But I would never critic others opinion based on the fact that what they are going through (in life).
But I would say good luck to you my friend.