va_labor2002
09-25 12:00 PM
I did not google rajiv chandrasekaran for the first time. I saw his article on the main page of Washington Post on Sep 17 Sunday. I thought he will listen to our issues and write something about us ! I already sent an email to him.
You can submit your message to Rajiv under the following link;
http://projects.washingtonpost.com/staff/email/rajiv+chandrasekaran/
I encourage everybody to send message to Rajiv,so that he will write an article on legal immigration. Good luck.
Thank you.
You can submit your message to Rajiv under the following link;
http://projects.washingtonpost.com/staff/email/rajiv+chandrasekaran/
I encourage everybody to send message to Rajiv,so that he will write an article on legal immigration. Good luck.
Thank you.
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gomirage
05-28 05:19 PM
If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
shx
03-05 05:45 PM
What I'm going to tell you to do is illegal. So do it at your own risk.
I don't think USCIS is ever going to find out about your income unless you disclose it.
Not filing tax returns is illegal no matter how small the income is. 5k is definitely big enough. I think you should go ahead and file tax returns atleast for 2009, so that you won't get into trouble with the IRS.
This is just my opinion.
I don't think USCIS is ever going to find out about your income unless you disclose it.
Not filing tax returns is illegal no matter how small the income is. 5k is definitely big enough. I think you should go ahead and file tax returns atleast for 2009, so that you won't get into trouble with the IRS.
This is just my opinion.
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ajay
03-10 03:31 PM
Friends,
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.
more...
Gravitation
09-11 10:05 AM
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
This is a common misconception. You can extend your H1B even if the previous one has been canceled. The only time you cannot transfer H1B visa (and have to apply for new one) is when you went out of US for over one year. Check out the H1B faq on immigration.com.
This is a common misconception. You can extend your H1B even if the previous one has been canceled. The only time you cannot transfer H1B visa (and have to apply for new one) is when you went out of US for over one year. Check out the H1B faq on immigration.com.
p_aluri
08-03 06:55 PM
Yep! There is a relation between 485 and H1-B extension after 6 years limit.If your AOS date is current, You only get one year increment else three years extension upon I-140 approval.
Please contact an Attorney for clarification.
I dont think the three year extension has anything to do with 485. If your 140 is approved you get 3 years if there is no visa number is available for you. No need to be U.
Please contact an Attorney for clarification.
I dont think the three year extension has anything to do with 485. If your 140 is approved you get 3 years if there is no visa number is available for you. No need to be U.
more...
morpis
06-24 06:30 PM
Hello All,
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
I am from India and I am getting ready to file my 485 in 1st week of July. I have an approved 140.
I have two issues I am not sure about how to procced --
1. My wife's name is wrong in her birth certificate. also, my mother's name is not present in my birth certificate. I am getting both of our parents to execute affidavits. Do these affidavits need to be originals when I submit them with my 485 appln? Or my folks in India can scan them and email me and I can submit copies with my 485 appln?
2. My passport is expiring in Oct 2007. Some people have mentioned that your passport needs to be valid for six months at the time you file for your 485 appln. Is this true? I have not found a definitive answer anywhere.
Please let me know if you know anything about these questions. Appreciate all your responses.
Thanks.
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kshitijnt
09-16 04:51 PM
This is all India specific and specific to EB2. I did not add years2006 and 2007 as my PD is in 2005. But I did do it upto dec 2005.
1. You can expect the spill over from EB1 in big way
2. You can expect spillover from EB2 ROW in a big way
This should help clear backlog atleast upto 2004 cases. However the interfiling from EB3 to EB2 could stop the backlog from being reduced.
1. You can expect the spill over from EB1 in big way
2. You can expect spillover from EB2 ROW in a big way
This should help clear backlog atleast upto 2004 cases. However the interfiling from EB3 to EB2 could stop the backlog from being reduced.
more...
vxb2004
04-28 06:52 AM
Any inputs please....
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divs09
06-19 12:55 AM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
more...
chosenone52
10-03 09:05 PM
Well I dont understand you guys... Why the hell u start cursing... If i was a Devil or what so ever taking a illegal route... I wouldnot have posted this question here but would have gone the route and started the process
Btw before cursing.. at least think twice...
and wat about all those desi who work with consultancy who stay on bench etc etc ... where does Oct 2nd/ gone for them..,..? I am sure people who cursed me were one of them !
Infact ateast I am open and willing to ask people before taking any unethical step or wrong step...!
Guys u need to change the attitude... either answer and help..or just dont take out your GC pain in form of curse on other members!
Btw before cursing.. at least think twice...
and wat about all those desi who work with consultancy who stay on bench etc etc ... where does Oct 2nd/ gone for them..,..? I am sure people who cursed me were one of them !
Infact ateast I am open and willing to ask people before taking any unethical step or wrong step...!
Guys u need to change the attitude... either answer and help..or just dont take out your GC pain in form of curse on other members!
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vxb2004
05-31 05:53 PM
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
tpcool,
Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.
Good luck.
more...
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sweet_jungle
10-05 11:08 PM
My wife has both OPT EAD (on F1) and 485 EAD. Both are valid. The OPT EAD was applied before july since we did not know abt the july thing earlier....
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Now my question is which one should she use for employment..Also if either can be used then OPT ead is preferred since on OPT you do not have to pay Social Security and Medicare Taxes
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
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ajay
12-02 09:58 PM
Thanks for sharing this good news.
more...
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leo2606
08-12 09:25 PM
Last week lot of people got LUD as 08/05/2007 and no one got any receipts or checks cashed.
I don't think it means anything at this point.
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
I don't think it means anything at this point.
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
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hibworker
03-08 03:23 PM
thats what gist of it i was not there
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
As the client manager mentioned that your brother reports to him that implies that his employer - consulting firm that filed H1 - does not have an employee - employer relationship with him. As per the last year's guidelines such staff augmentation is no longer allowed on H1 and hence the rejection. One of my friend went through similar situation last month in Delhi - his H1 got rejected as he was working on a multi year contract at client site where his work was controlled by client manager.
Applying again for the same job and company will not be helpful. The alternative is to get H1 from a different employer or to convince the current client to directly sponsor the visa.
the vo seems to be saying that last time when he went to stamping he filled his client details like where he working and which was az at that time and this VO was saying now you are working in NJ ,the confusion seems to becaused by the clinet letter in which his manager wrote that he directly reports to him as consultant,VO is assuming that he working here without preoper documents,atleast that what i understood:confused:.
As the client manager mentioned that your brother reports to him that implies that his employer - consulting firm that filed H1 - does not have an employee - employer relationship with him. As per the last year's guidelines such staff augmentation is no longer allowed on H1 and hence the rejection. One of my friend went through similar situation last month in Delhi - his H1 got rejected as he was working on a multi year contract at client site where his work was controlled by client manager.
Applying again for the same job and company will not be helpful. The alternative is to get H1 from a different employer or to convince the current client to directly sponsor the visa.
more...
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mariner5555
05-25 05:23 PM
i am wondering do you have LUd for i-485 or i-131 or i-140 ?
it was for my EAD application (I already completed the finger printing ..it took 2 minutes but I had to drive a total of 50 miles ..waste of time and gas ..my last finger printing was 4 months ago ..I get the feeling that they send us for FP just to keep the folks at the FP office busy on a saturday !!) ..I saw the date change twice ..but no new message (last wed and friday) ..maybe they did not want to work before the long weekend.
it was for my EAD application (I already completed the finger printing ..it took 2 minutes but I had to drive a total of 50 miles ..waste of time and gas ..my last finger printing was 4 months ago ..I get the feeling that they send us for FP just to keep the folks at the FP office busy on a saturday !!) ..I saw the date change twice ..but no new message (last wed and friday) ..maybe they did not want to work before the long weekend.
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fairyangel
02-03 01:39 PM
Hi
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
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bsbawa10
08-14 09:43 PM
**********EDIT:
Since some people were corrupting other's data, . I do not know if it was intentional or unintentional. If it was unintentional and you do not know how to use spreadsheets, please Fill the form by going to
http://spreadsheets.google.com/viewform?key=pQG8H7vLQOz5-YnFYQw71PA
To view the complete data, please visit the link : i.e.
http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest
The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. I guess we can live with that abstraction.
Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.
My humble request to all please act responsibly.
Do not edit somebody elses data.
Do not add/delete/modify any column.
Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
I will sort the data according to PD periodically.
You can add your own row at the end . Also please please do not sort the data.
Since some people were corrupting other's data, . I do not know if it was intentional or unintentional. If it was unintentional and you do not know how to use spreadsheets, please Fill the form by going to
http://spreadsheets.google.com/viewform?key=pQG8H7vLQOz5-YnFYQw71PA
To view the complete data, please visit the link : i.e.
http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest
The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. I guess we can live with that abstraction.
Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.
My humble request to all please act responsibly.
Do not edit somebody elses data.
Do not add/delete/modify any column.
Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
I will sort the data according to PD periodically.
You can add your own row at the end . Also please please do not sort the data.
dilipb
01-31 03:48 PM
LUD is still showing some 11/28/2007 date
rChinna
04-01 12:20 PM
Hi All,
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?
1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?
3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?
4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?
5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?
6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?
Please reply.
Thanks in advance
Chinna
My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?
1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?
3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?
4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?
5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?
6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?
Please reply.
Thanks in advance
Chinna
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