Munna Bhai
07-12 07:47 AM
Hello,
Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.
Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
b)What are the other backup plans we can have.
thanks for your time.
-M
Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.
Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
b)What are the other backup plans we can have.
thanks for your time.
-M
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sri1234
05-15 05:18 PM
Hi Sri,
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
godbless
07-20 01:03 PM
my birth certi doesn't have last name is it ok
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perm2gc
12-20 06:24 PM
publish:
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
Every article will have same content.Everyone know their claims are not legitimate.
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
Every article will have same content.Everyone know their claims are not legitimate.
more...
krishna.ahd
03-13 03:38 PM
here are the visa numbers used in 2006 for EB2 and EB3.
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
If everything goes well as planned atleast GC is assured for our children ( for some like me - grand children) .
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
If everything goes well as planned atleast GC is assured for our children ( for some like me - grand children) .
IVFOREVER
02-13 04:39 PM
I think you need to wait till you have EB2 numbers available or else you need to with draw the inter filing before your I-140 assumes the eb3 priority date.The withdrawl my trigger RFE.That is my openion.Gurus correct me.
more...
samrat_bhargava_vihari
05-27 04:22 PM
Two weeks is normal. We filed paperbased renewal last month end and it got approved.
FYI
though it is difficult to identify the EAC/SRC no in soft copy of check.
If you can able to print the back side of check you can easily figure out the EAC/SRC no.
FYI
though it is difficult to identify the EAC/SRC no in soft copy of check.
If you can able to print the back side of check you can easily figure out the EAC/SRC no.
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interfile
08-19 04:07 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
more...
rameshk75
01-26 08:40 PM
I think you have to file in 2 states. Suggest you to consult a tax consultant instead of looking at the IV forums for the answer.
:confused:
It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.
But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?
Any help will be greatly appreciated
:confused:
It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.
But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?
Any help will be greatly appreciated
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krishna_brc
12-05 04:25 PM
:confused:Here is another scenario -
485 filed 1 year back and have been working with the GC sponsoring employer since then ( on H1, did not use EAD).
Employer is not going to revoke approved I-140 even if i change Job/H1.
Now, can i use Advance Parole to travel while working for the new employer on a new H1?
Your inputs are highly appreciated.
Thanks,
Krishna
485 filed 1 year back and have been working with the GC sponsoring employer since then ( on H1, did not use EAD).
Employer is not going to revoke approved I-140 even if i change Job/H1.
Now, can i use Advance Parole to travel while working for the new employer on a new H1?
Your inputs are highly appreciated.
Thanks,
Krishna
more...
dg_247
05-19 05:37 PM
Thanks for quick reply.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
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snathan
02-19 04:57 PM
I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
more...
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vanantwj
April 22nd, 2004, 10:51 PM
I recently made the move to digital by purchasing a D70. I'm interested in purchasing the Nikon SC-29 cord for use with a SB-800 on a Stroboframe quick-flip frame. I like the idea of the added flexibility that the SC-29 gives over the SC-28 because of the additional autofocus lamp.
However, after I ordered the SC-29 from Etronics.com (who listed this product as being in stock), they contacted me a day later to say that it was actually out of stock. Furthermore, they said that Nikon had discontinued the product, and that though they tried, they were not able to obtain one of these cables through another channel.
Has anyone heard about Nikon canceling the SC-29? That doesn't make any sense to me. I've seen these for sale on e-bay, but that is through a Japanese reseller, and the shipping takes a couple of weeks (not to mention, it's not an authorized Nikon USA dealer).
Any other information or input about the SC-29?
Thanks so much!
Jonathan Van Antwerp
However, after I ordered the SC-29 from Etronics.com (who listed this product as being in stock), they contacted me a day later to say that it was actually out of stock. Furthermore, they said that Nikon had discontinued the product, and that though they tried, they were not able to obtain one of these cables through another channel.
Has anyone heard about Nikon canceling the SC-29? That doesn't make any sense to me. I've seen these for sale on e-bay, but that is through a Japanese reseller, and the shipping takes a couple of weeks (not to mention, it's not an authorized Nikon USA dealer).
Any other information or input about the SC-29?
Thanks so much!
Jonathan Van Antwerp
tattoo Happy Birthday background
surabhi
05-30 12:00 PM
The suggested procedure generally is, (assuming you got stamped with Employer A while in India and you want to work with Employer B as soon as you land)
1. File a new independent petetion
2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.
With quota over for the year, you cannot file another H1 and follow above approach.
When quota was not an issue until 3 years ago, the above scenario worked.
Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.
So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B
1. File a new independent petetion
2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.
With quota over for the year, you cannot file another H1 and follow above approach.
When quota was not an issue until 3 years ago, the above scenario worked.
Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.
So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B
more...
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shreekhand
02-22 09:33 AM
:) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.
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royus77
06-25 09:38 PM
Shouldn't the whole decision be given in 15 calender days ? My 7th year H1 ext was filed 11 days ago. No clue of a receipt number yet.
Mine was applied for 7 th year Ext in Regular Processing and got receipt on May 15 . Bumped to PP couple of week back got a notification on 06/20 saying request was recived for Premium Processing ,Same day recipt date was re-set to 06/20 ( earlier 05/15) .Waiting for the approval some time this week .
Mine was applied for 7 th year Ext in Regular Processing and got receipt on May 15 . Bumped to PP couple of week back got a notification on 06/20 saying request was recived for Premium Processing ,Same day recipt date was re-set to 06/20 ( earlier 05/15) .Waiting for the approval some time this week .
more...
makeup stock photo : Happy Birthday
r_mistry
07-23 09:29 AM
Hello Everybody,
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
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raysaikat
08-14 10:51 AM
HI,
I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.
Any information is appreciated.
Thanks,
It is a taxable income (you got a commission for a service). However such a small change in your total household income should change your tax liability very little, and usually people would not bother to withold tax before passing it on. Also if you pass it on, that will probably fall under "gift" and will have different tax codes. For a small amount, such hassles may not be worth. Of course if you get such commissions regularly, or if it a sizable part of your total income, then you need proper calculations.
I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.
Any information is appreciated.
Thanks,
It is a taxable income (you got a commission for a service). However such a small change in your total household income should change your tax liability very little, and usually people would not bother to withold tax before passing it on. Also if you pass it on, that will probably fall under "gift" and will have different tax codes. For a small amount, such hassles may not be worth. Of course if you get such commissions regularly, or if it a sizable part of your total income, then you need proper calculations.
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snvlgopal
06-16 01:35 AM
Thanks Milind70 & x1050US, In my case my wife's I94 is expired in Feb13, we filed for the h4 extension on Jan17 and she left US in May before her h4 is approved, can she still go for the VISA stamping with out the new H4 approval document (FYI i got my h1 approval notice and also stamping is done in India,Chennai )
Thanks
Thanks
purgan
10-06 10:41 PM
There is a story in the Oct 6 Wall Street Journal on high skilled immigration reform. If anyone has a subscription to that, pl. post for the benefit of members...
OpinionJournal's Political Diary
Who leaked the Foley emails and why?; industries seeking more high-skill immigrants pin their hopes on Congress's lame duck session; new film debunks the hypocrisy of anti-development greenies. (Click to Subscribe)
2:30 p.m. EDT
http://www.opinionjournal.com/
=======
Seperately, the Economist has a 15-page report on the "Global Hunt for Talent". It specifically highlights how restrictive immigration quotas for skilled workers are hurting US competitiveness and how other western nations are racheting up their efforts to lure skilled foreigners.
http://www.economist.com/surveys/displaystory.cfm?story_id=7961938
Here are some excerpts
Most governments are easing restrictions on the entry of skilled workers. Some are going further and offering incentives. Germany has made it easier for skilled workers to get visas. Britain has offered more work permits for skilled migrants. France has introduced a “scientist visa”. Many countries are making it easier for foreign students to stay on after graduating. Canada and Australia have not only tilted their long-established points systems further towards the skilled, they have also introduced more incentives. Australia and New Zealand have created a ladder leading from universities to the workforce and then to permanent residence.
Two economists, Fr�d�ric Docquier and Hillel Rapoport, estimate that average emigration rates worldwide are 0.9% for the low-skilled, 1.6% for the medium-skilled and 5.5% for the high-skilled. These rates have been accelerating far faster for the high-skilled group than for the rest. Skilled immigrants accounted for more than half of all admissions in Australia, Canada and New Zealand in 2001. The global war for talent is likely to intensify. Most developed countries are already struggling to find enough doctors and teachers, and are wondering how they will manage when the baby-boomer generation retires. Developing countries, for their part, realise that they will not be able to plug into the global knowledge economy unless they give their people the freedom to move around.
http://www.economist.com/surveys/displayStory.cfm?story_id=7961894
OpinionJournal's Political Diary
Who leaked the Foley emails and why?; industries seeking more high-skill immigrants pin their hopes on Congress's lame duck session; new film debunks the hypocrisy of anti-development greenies. (Click to Subscribe)
2:30 p.m. EDT
http://www.opinionjournal.com/
=======
Seperately, the Economist has a 15-page report on the "Global Hunt for Talent". It specifically highlights how restrictive immigration quotas for skilled workers are hurting US competitiveness and how other western nations are racheting up their efforts to lure skilled foreigners.
http://www.economist.com/surveys/displaystory.cfm?story_id=7961938
Here are some excerpts
Most governments are easing restrictions on the entry of skilled workers. Some are going further and offering incentives. Germany has made it easier for skilled workers to get visas. Britain has offered more work permits for skilled migrants. France has introduced a “scientist visa”. Many countries are making it easier for foreign students to stay on after graduating. Canada and Australia have not only tilted their long-established points systems further towards the skilled, they have also introduced more incentives. Australia and New Zealand have created a ladder leading from universities to the workforce and then to permanent residence.
Two economists, Fr�d�ric Docquier and Hillel Rapoport, estimate that average emigration rates worldwide are 0.9% for the low-skilled, 1.6% for the medium-skilled and 5.5% for the high-skilled. These rates have been accelerating far faster for the high-skilled group than for the rest. Skilled immigrants accounted for more than half of all admissions in Australia, Canada and New Zealand in 2001. The global war for talent is likely to intensify. Most developed countries are already struggling to find enough doctors and teachers, and are wondering how they will manage when the baby-boomer generation retires. Developing countries, for their part, realise that they will not be able to plug into the global knowledge economy unless they give their people the freedom to move around.
http://www.economist.com/surveys/displayStory.cfm?story_id=7961894
sanjose16
02-23 03:27 PM
Currently my wife is on H4
I'm planning to file H1 for my wife (through another employer on April 1st, 2009). Regardless of the situation (H1B Cap lottery process or general process) if my wife's H1B petition is accepted, processed and approved (generally betwen April 15th 2009 and May 31st 2009), she will get work permit (with start date of Oct 1st, 2009) by May or mid June, 2009.
My company is also planning to file for my H1 Extension (along with H4 Extension) in April (cannot be filed it seems due to other cases) So, in this scenario if my H1 extension (along with my wife's H4 extension) is filed after April 1st 2009, then we will have an overlap situation (as USCIS will be receiving two petitions (one for H1 and one for H4) for my wife) in the same timeframe. How will USCIS deal with these scenarios?
As long as her H4 is approved before her H1 (if she gets through lottery and approval process), there won't be a problem (as H1 will be replacing her H4 to my understanding).
But if her H4 is approved after her H1B approval, then there is a risk that her H1B will be cancelled because of H4 approval.
Please let me know solution to this problem. Thanks in Advance
I'm planning to file H1 for my wife (through another employer on April 1st, 2009). Regardless of the situation (H1B Cap lottery process or general process) if my wife's H1B petition is accepted, processed and approved (generally betwen April 15th 2009 and May 31st 2009), she will get work permit (with start date of Oct 1st, 2009) by May or mid June, 2009.
My company is also planning to file for my H1 Extension (along with H4 Extension) in April (cannot be filed it seems due to other cases) So, in this scenario if my H1 extension (along with my wife's H4 extension) is filed after April 1st 2009, then we will have an overlap situation (as USCIS will be receiving two petitions (one for H1 and one for H4) for my wife) in the same timeframe. How will USCIS deal with these scenarios?
As long as her H4 is approved before her H1 (if she gets through lottery and approval process), there won't be a problem (as H1 will be replacing her H4 to my understanding).
But if her H4 is approved after her H1B approval, then there is a risk that her H1B will be cancelled because of H4 approval.
Please let me know solution to this problem. Thanks in Advance
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