Saturday, June 11, 2011

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  • supu
    12-05 08:14 AM
    Vishwak,

    Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.

    Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...

    If u dont file CA21 , just make sure , u dont leave and re-enter usa.
    U may expect trouble at the airport.





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  • desi3933
    08-27 01:52 PM
    Thanks desi3933.

    My followup qn to this is ..

    If I get my 3yr H1 extn approved (before 140 cancellation) with company B and company A revokes my approved 140, is it possible to transfer my priority date(of the approved 140 ..which is now revoked by company A) to my new 140 filed by company B?

    Thanks


    A priority date can only be recaptured from one approved I-140 to another approved I-140, regardless of whether an I-485 was filed or not.

    Please check with your attorney.

    ____________________
    Not a legal advise.





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  • mk26
    05-14 10:10 AM
    Howard County





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  • kumarr
    01-01 05:00 PM
    Congrats! Very happy for you :)



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  • somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).





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  • ImmiLosers
    09-30 03:19 PM
    I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?

    No, I went for my 2nd FP last week. I asked USCIS (800#) the above question.
    It is done once. Looks like FP and Name check are different processes.



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  • lskreddy
    08-07 05:19 PM
    There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

    I'm assuming that you are from India and therefore don't need any visa to work in India.

    Thanks. Yes, I am an Indian citizen.

    Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

    If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

    My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.





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  • factoryman
    06-18 05:54 PM
    Remember, everthing copy. Nothing Original. don't send your original I-94, but a copy.

    Hi, Guys,

    My attorney just emailed me a list of items he needs from me for filing 485. The list is surprisingly short. Is this package really sufficient?

    ******requested for 485 filing*************
    For your wife:

    1. Marriage certificate, w/English translation
    2. Birth certificate w/ English translation
    3. Biographical information page, and date of issuance/expiration page, from current passport
    4. Copy of her current visa
    5. Copies of other US visas you have had
    6. Current I-94 card
    7. Passport entry stamp from last entry into the United States
    8. Six (6) passport photos

    For you:

    1. Birth certificate, w/ English translation
    2. Six (6) passport photos
    3. Last two (2) paycheck stubs
    **********************************************

    *medical exam forms also asked separately.

    My condition: filing with current employer. I-140 was recently approved.

    Thanks alot.

    :cool:



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  • prasadn
    02-04 02:08 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

    I had got multiple RFE's on my I-140. I got the first one in Oct 2008, and got the second one about a month after our response to the first. We responded to the second RFE on Nov 5th, 2008 and the status changed to "Case processing resumed", and even after 60 days there was no decision made on the case as promised. My lawyer placed a phone call on Jan 18th (I believe she opened a SR) and application got approved on the 20th. Just sharing my experience.

    Thanks,
    Prasad





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  • glus
    11-17 12:05 PM
    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
    Hello,
    Yes, you can do this if you are from country that allows you to enter Canada without Canadian visa. Then, you would need to give away your previous I-94 and get a new one upon re-entry to the United States. The problem is that some airlines don't want to take I-94 back if they know you are not traveling for over 30 days to Canada. This is especially true if you enter Canada via road. Somehow, it is best to explain why you need to give your old I-94 away. If they don't take your old I-94, you can ask an immigration officer for a new I-94, explaining the situation. Then, if lucky, he takes your old I-94 and issues a new one with correct date.



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  • p_aluri
    08-03 06:51 PM
    I would say second one is correct...

    Hi All,

    I am not sure whether this has been answered earlier. Here is my situation.

    My H1b is getting over by Jan 2008. My I-140 approved and I have filed my I-485 in July 2nd 2007. I contacted my company law firm and one of the top law firm about 3 year extension. Here is the answer

    Attorney from company law firm:- Since you have applied for I-485 you will not be eligible for 3 year or one year extension. The only stage when you can apply for 3 year extension is when your I-140 is approved and the PD is not current. Since there was a time the PD was current and you applied for I-485, you will not be eligible for 3 year extension. Even if you apply you will get rejected.

    Then I contacted the other law firm mentioning about the above law firm comments and here is the reply.

    Attorney from one of the top law firm:-The law firm is simply reading things wrong. You can file for the three year extension as long as there is not a visa number available. Therefore, if the I-485 was filed and then the visa numbers became unavailable, as is the case right now, the three year extensions are possible. I would see if you can request the law firm to reread the rule that permits the three year extensions. They are reading it too narrowly. We follow this procedure successfully all the time.

    So I am confused in this case and my employer will believe in what the company law firm will say.

    So I am trying to get an opinion from any one who was in this situation and got a 3 year extension and who is right?

    Thanks





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  • inrealmess
    10-11 04:08 PM
    hi,
    this might look an essay but this is true ----------------
    i filed my 485/ead/ap in july and i have received my ead. now the situation is very tense for me since my emloyer has stopped paying since july and when i asked for my salaries he said i will revoke your 140 and terminate your job if you crib about salary .
    he is doing this to another colleague of my the same thing . now if we leave the company , he will get a valid reason to revoke the 140 and thats why we are not leaving too and we are hardly surviving without salries .
    anyone has any suggestions on this issue , i will appreciate any suggestions

    thanks and regards



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  • makemygc
    08-17 03:09 PM
    According to Murthy: http://www.mURTHY.COM
    The package should reach today. Not on monday even if the post mark is 16th.

    Even the Matthew OH mentioned that packet should reach today and if you are sending it to PO, it should be picked up today.





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  • imh1b
    05-19 09:37 AM
    Good to find Immigration Voice name in this article.



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  • nissan_1
    10-26 11:28 AM
    Now I am confused with the PD of labor...

    Here is the scenario -

    Labor - Approved
    PD - April 2007
    I140 Pending
    6th year H1B expiring on march 2008.

    Assuming I140 will not be apprved by March 2008, can we get 1 year Extension?





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  • rsrikant
    07-20 10:17 AM
    sorry for that
    i can open it...



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  • anilsal
    08-05 03:24 PM
    Probably that is what will happen. The last 45 days have been extremely stressful on the applicants and lawyers. I hope USCIS ignores some simple mistakes.





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  • mk26
    05-14 12:53 PM
    MD counties charge county income tax which is a rip off. Look in VA
    Agree with this statement, county tax sucks in MD





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  • sledge_hammer
    07-03 02:38 PM
    Anyone here that can answer my questions?

    Thanks!





    newuser
    10-05 10:50 AM
    Its probably a planned leak by the Obama Administration to the press to placate the hispanic lobby. Just chill... nothing's gonna happen.

    Its a ploy to keep the immigration community at peace. I don't have high hopes for CIR until 2011. One thing we can keep doing is meeting the lawmakers and making them aware of the issues facing High Skilled Immigrants.





    helpfriends
    04-17 09:07 AM
    They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.

    Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?

    BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:


    Thanks again!



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