kaisersose
11-30 03:40 PM
They will not approve a derivative case without approving the principal. USCIS does not follow FIFO, so though it is possible they picked up a 485 application from July, the second problem of having a PD available kicks in.
So for this approval to be valid, some IO should have
1. Picked up a July application for processing
2. Ignored the PD requirement
3. Approved the derivative without bothering to first approve the primary.
Three mistakes together is impossible. It is just a data entry error.
So for this approval to be valid, some IO should have
1. Picked up a July application for processing
2. Ignored the PD requirement
3. Approved the derivative without bothering to first approve the primary.
Three mistakes together is impossible. It is just a data entry error.
k_sing
09-20 12:17 PM
Responding to latest response:
"Member" does not mean an employee.
As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
A member however has no voting rights etc. ( it's a private LLC/trust)
At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.
About the internet biz:
I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).
Can I receive income checks in my name ?
thanks!
"Member" does not mean an employee.
As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
A member however has no voting rights etc. ( it's a private LLC/trust)
At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.
About the internet biz:
I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).
Can I receive income checks in my name ?
thanks!
javadeveloper
07-20 04:16 PM
Let's assume Two people A and B entered into US on Jan 1st 2004 with Visa stamping Valid till June 2006.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
A is without payslips for 2 years , that is until Dec 2005(730 days).A travels out side US and re enters into US in jan 2006 , after that he'll get the payslips and stays legal , then applies for his 485 in March 2006.Then he is maintaining
100% legal status as he is having continious payslips after his re entry.
B doesn't have payslips for period of 185 days(aggregate) in his whole stay in US , rest of the time he maintains legal status , but he never travels outside US and applies for his 485 in March 2006.
In this case B is under risk of illegal status for more than 180 days , as he never travelled outside US.How come this is fair law??This thought bugging me since coupe of days.Guys please share your ideas.
skothuru
07-18 10:35 AM
Check with this:
If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?
If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.
If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?
If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.
more...
wandmaker
11-15 08:31 AM
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
.
If you read along the same lines....
Thank you roseball. What is H1 COE?
COE = Change Of Employer
.
If you read along the same lines....
Thank you roseball. What is H1 COE?
COE = Change Of Employer
gcpadmavyuh
10-12 09:05 AM
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
more...
neobuddha
08-28 02:02 PM
I went through this experience. My I-140 was approved but never received any receipt or approval notice. Finally, my lawyer had to file I-824 (To request further action on an approved application or petition). This is a slow process and it took about 10 months for us to get the duplicate approval. All other request for sending the copy of approval notice etc did not work.
All the best.
-NeoBuddha
Hi,
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
All the best.
-NeoBuddha
Hi,
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
go_gc_way
09-22 02:50 PM
Good idea !!
I am with you folks. When I have added new members, I will let you know names.
Please keep this thread alive.
I am with you folks. When I have added new members, I will let you know names.
Please keep this thread alive.
more...
tikka
05-31 01:06 PM
Confirmation Number: 56Y67421A1299244L.
thank you
anyone else?
thank you
anyone else?
eagerr2i
11-06 03:28 PM
Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
more...
waiting_4_gc
07-27 03:30 PM
You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D
But you are correct for RD :)
Umm, what if USCIS takes more than 180 days to encash the checks?
Do we have to re-file the application/re-send the check?:confused:
But you are correct for RD :)
Umm, what if USCIS takes more than 180 days to encash the checks?
Do we have to re-file the application/re-send the check?:confused:
LayoffBlog
01-27 01:32 PM
Royal Philips Electronics plans to cut 6,000 jobs. Those cuts could include layoffs at a Latham[,NY] operation.�I know that cuts across all sectors and all geographies,� said Ian Race, a spokesman for Holland-based Philips.Philips has 500 employees in Latham.Source: The Business Review (Albany)Posted in Electronics, US, worldwide Tagged: Philips, Philips layoffs http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1241&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/26/philips-to-cut-6000-jobs/)
More... (http://layoffblog.com/2009/01/26/philips-to-cut-6000-jobs/)
more...
rolrblade
07-27 10:35 AM
Guys�
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
san3297
12-28 01:14 PM
Received H1b approval last week. I got it approved for only 1 year though. I sent all the originals along with self addressed fedex postage paid envelope . USCIS safely posted back using the same envelope. I also sent them transcripts attested by registar in sealed envelope. Thanks for all the forum members who answered my queries.
more...
krustycat
03-09 07:26 PM
I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
GCAmigo
07-23 04:41 PM
My PERM was filed last November & Audit was replied in Feb'08.. still no no news..
more...
dingudi
03-09 03:34 PM
Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
Please go through the following thread. This is recent:
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4724019812&m=1571077951
Please note ravel's experience with consulate in regards to travel on AP in case H1b visa is pending. This is coming straight from VO at the consulate.
STAmisha
11-14 05:55 PM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
h1bnogc
07-28 05:53 PM
hibnogc
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
I have not reached this situation yet...getting prepared.
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
I have not reached this situation yet...getting prepared.
vishwak
08-13 10:51 AM
History:
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
Question for fellow IV members :
By merely renewing my wife's H4, while she was still working on EAD, did she automatically get switched to H4?
Can someone shed some light on this: Am I right or wrong?
Does this affect her or mine, pending 485/AOS ?
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
InTheMoment
02-09 11:30 PM
Hi
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
---> Yes that is possible, check instructions for the consulate you plan to apply in.
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
---->
Netherlands -- Please investigate here:
http://www.netherlands-embassy.org/article.asp?articleref=AR00000393EN
Germany -- do not need transit visa, read exception 4 clearly.
http://www.germany.info/relaunch/info/consular_services/visa/countrylist.html#except4
3. How long does it take to recieve the passport after stamping?
----> Depends on the mission/post, but by courier within 2 days
else the same day.
Any help would be greatly appreciated.
Thanks,
TEKNMEK
My status has changed recently from H4 to H1. I haven't got my H1 visa stamped in passport. I need to travel to India due to family emergency.
1. Can I get an emergency appointment?
---> Yes that is possible, check instructions for the consulate you plan to apply in.
2. Would I have any problem related to transit visa if travelling via Amsterdam or Frankfurt?
---->
Netherlands -- Please investigate here:
http://www.netherlands-embassy.org/article.asp?articleref=AR00000393EN
Germany -- do not need transit visa, read exception 4 clearly.
http://www.germany.info/relaunch/info/consular_services/visa/countrylist.html#except4
3. How long does it take to recieve the passport after stamping?
----> Depends on the mission/post, but by courier within 2 days
else the same day.
Any help would be greatly appreciated.
Thanks,
TEKNMEK