aranya
01-15 04:13 PM
Here is the form (http://www.dol.gov/esa/forms/whd/WH-4.pdf).
Let us know how it goes.
Cheers,
-b
My employer paid all my fees. The point I was trying to make was that there are lawyers who interpret differently.
Let us know how it goes.
Cheers,
-b
My employer paid all my fees. The point I was trying to make was that there are lawyers who interpret differently.
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kirupa
05-27 03:36 PM
I liked the apple one the best mette. I have added that one up :)
btw: your footer is killing my CPU :P
btw: your footer is killing my CPU :P
Ramba
08-07 03:44 PM
I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
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sidd_k2002
03-24 06:46 PM
Hello Friends,
I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
Here are my questiions:
1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.
Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
Thanks in advance,
Siddharth
I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
Here are my questiions:
1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.
Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
Thanks in advance,
Siddharth
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puriyu
03-31 10:03 AM
Yes you can go for stamping in Halifax if you didn't change your employer.So if you going for restamping while working with same employer you are eligible.
GCFISH
08-31 09:21 AM
Please do not spread a bad word about Indian companies. Infact 90% of us are working for Indian companies and we very much know we can not go with others due to the fact that experience or openness or waterver the reasons I don't like to mention here. I hope you can understand my request. Thanks.
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Lisap
08-27 05:27 PM
Hello all,
My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.
My attorney filed my original 485 on June 28th at NSC. My PD is July 06. I didnt realize this until mid Aug. My attorney filed a second application on Aug 15th. I did a stop payment on the original checks as advised by my attorney. This afternoon I received receipts from the original filing with a receipt date of July 2nd. I cannot reverse the stop payment- I just called the bank. Will my application be rejected now because of the checks or should I send new checks with the receipt number and a note stating what happened? Or should I just wait for recepits for the 2nd application? Thank you.
2010 with facebook, tag picture
qasleuth
04-27 01:08 PM
Maybe you should combine his/her statement with body language. Did the IO raise the eyebrows, smirk, frown etc and word-smith the statement. Was it 'pre-adjudicated' (past tense) or 'will be pre-adjudicated' (future tense) or something else. 'pre-adjudicated under review', first half is contradicting the second half of the statement. 'Pre-adjudicated' could mean everything is clear and waiting for a visa number. 'Under review' could mean something else...additional review ?
Kidding apart, Your guess is as good as mine. Do not tie yourself up in knots. It is such a black box, you've been around these forums, nobody knows for sure, anybody can hazard a guess.
Kidding apart, Your guess is as good as mine. Do not tie yourself up in knots. It is such a black box, you've been around these forums, nobody knows for sure, anybody can hazard a guess.
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boreal
09-21 11:56 AM
I don't agree with more fees for 485 etc ...
They are already taking too much money out of us ...
Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.
Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??
They are already taking too much money out of us ...
Then lets just sit tight and hope everything would be done for us without shelling one extra dollar.
Come on guys, we need to see this from the Govt's point of view too. What's in it for them to even begin considering the plight of us??
hair funny-stickman-tag-pic-
txh1b
04-16 06:32 PM
Now the question is that: how long usually does it take for the response after I submit my evidences? It has to be 60 days or less, but I heard differently. Can anyone help me with that?
If your PD is current and a visa number available, they should be approving the petition soon after.
If your PD is current and a visa number available, they should be approving the petition soon after.
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hoosier07
07-18 02:59 PM
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
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anand2007
07-16 10:11 PM
you can't file 2 concurrent i-485's with same names. But, on your AOS/485 application your spouse can be listed as beneficiary and Your spouse in her applications need to choose consular processing while filing I-140 or vice versa.this way you can use the best of both applications.
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?
Is this possible?
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Radhika
10-01 01:46 PM
I have similar question. My visa on the passport has expired in Dec 2005. But we have valid h1 extention approval. what I have to select for the question "Are you applying for same visa class that expired in the last 12 months?"
'yes' or 'No ' for this question.
If I select 'no' it is not showing any appointments dates :confused:
'yes' or 'No ' for this question.
If I select 'no' it is not showing any appointments dates :confused:
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sduddukuri
02-09 08:24 AM
Not sure, employer is not sharing the "reason for denial" letter. Since me and my wife went to india and got visa stamped, i didnot force them.
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Pineapple
05-02 03:34 PM
Letter to USA Today (Published today)
-------------------------------------
Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.
After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.
But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.
If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?
That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?
Betty Innemee
Livingston, N.J.
--------------------------------------------------------------------------
Web Link:
http://www.usatoday.com/printedition/news/20060502/letad02.art.htm
Looks like another potential IV member, if she could be contacted.
-------------------------------------
Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.
After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.
But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.
If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?
That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?
Betty Innemee
Livingston, N.J.
--------------------------------------------------------------------------
Web Link:
http://www.usatoday.com/printedition/news/20060502/letad02.art.htm
Looks like another potential IV member, if she could be contacted.
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paulcao1978
01-20 10:16 PM
Here is the post from immigrationpotal stating the final verdict of IV. I think it might be true. Look at the post by NYC8300.
http://immigrationportal.com/showthread.php?t=235710&page=3&pp=15&highlight=drop
Any inputs from IV? If IV has dropped the goal without even letting us know about it, I think I am punked.
http://immigrationportal.com/showthread.php?t=235710&page=3&pp=15&highlight=drop
Any inputs from IV? If IV has dropped the goal without even letting us know about it, I think I am punked.
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Lisap
08-28 12:18 PM
Thank you for your help. I will wait until the 1st set clears before stopping payment on the 2nd batch. Congratulations to you by the way. I am sure you have the same weight lifted off your chest as I do!
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roseball
05-04 11:11 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Yes, you can reply to RFE directly. One of my friends recently got a similar RFE and the RFE included the type of documents to submit. The following is the text from the RFE:
"Submit evidence to demonstrate that your present marriage to XXXX is bonafide. This may be in the form of birth certificates for common children, documentary evidence of joint residence and/or ownership of property, joint income tax returns, joint financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evience or of you submit insufficient evidence, you application may be considered for denial"
His lawyer is charging him similar fee so mailed all the above mentioned documents directly with a cover letter and copy of the RFE. Hope this helps.
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Yes, you can reply to RFE directly. One of my friends recently got a similar RFE and the RFE included the type of documents to submit. The following is the text from the RFE:
"Submit evidence to demonstrate that your present marriage to XXXX is bonafide. This may be in the form of birth certificates for common children, documentary evidence of joint residence and/or ownership of property, joint income tax returns, joint financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evience or of you submit insufficient evidence, you application may be considered for denial"
His lawyer is charging him similar fee so mailed all the above mentioned documents directly with a cover letter and copy of the RFE. Hope this helps.
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GCwaitforever
06-20 03:02 PM
I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
Regarding the second question: EB2 India is going to take a long time to come to 2005 PD. I would say, atleast another three years.
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
Regarding the second question: EB2 India is going to take a long time to come to 2005 PD. I would say, atleast another three years.
adibhatla
02-18 12:15 PM
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
viswanadh73
01-03 04:08 PM
thanks Ramba. so under normal conditions if both the cases x and Y are preapproved and once Visa numbers are available x will get GC first as he has earlier PD.will we get any notification once our case is preapproved?
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