jsb
11-02 11:17 AM
Dear Friends,
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
If your current employer is your GC sponsor, won't he withdraw its I-140 if you quit? As I-140 is for future job, if you and him continue to have intent of making employee/employer relationship as per filed I-140, you can do whatever you want in the meantime, but you would need to work for him on getting your GC. Or you can wait and hope that I-140 is not approved within 180 days. In that case you can move to the new employer. Employment with sponsoring employer prior to GC approval, paystubs, etc. are only for establishaing and restrengthening expressed intent.
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tempdb
06-18 02:18 PM
I got same status too.. Mine was in Texas.. It has been moved to National Benefits Center
a_yaja
01-08 05:05 PM
Frankly I don't know why people think that IT folks cannot qualify for EB2. Inspite of all changes done by DOL, people with 4yr degree + 5 years of exp. can qualify for EB2. If the company can make a good business case and can prove that there are other people (Permanent Residents/ Citizens) in the organization with 4yr degree + 5 years of exp. for same/ similar position, there should not be any issue for the getting an EB2 approved. As far as my knowledge goes, the requirements are set forth in law - that is not something that USCIS can change over night.
True - it might become more difficult to get approval for such cases, but that does not mean that IT folks cannot qualify for EB2.
Just my 2cents.
True - it might become more difficult to get approval for such cases, but that does not mean that IT folks cannot qualify for EB2.
Just my 2cents.
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mygc2006
05-28 10:50 AM
Hi friends,
I have a question. Can I renew my EAD even after it s expired? Please let me know if anyone knows the answer.
Thanks,
I have a question. Can I renew my EAD even after it s expired? Please let me know if anyone knows the answer.
Thanks,
more...
Digitalosophy
09-23 12:27 PM
Hey Flash, would you be interested in a non profit Digitalosophy project?
Basically it's a file sharing app (flash, xml, php, asp, etc). I really need a logo, and some design work.
Of course, there isn't any payment as it's non profit, and geared toward Kirupa user's as long as your a member here, you can access the app.
I have another guy working with me, hopefuly I can round up a few more peeps.
Of course you will get full credit for whatever work you do on the site credits page.
this is mainly a portfolio builder, if your interested hit me up on AIM, if not pm me and i'll delete this.
Basically it's a file sharing app (flash, xml, php, asp, etc). I really need a logo, and some design work.
Of course, there isn't any payment as it's non profit, and geared toward Kirupa user's as long as your a member here, you can access the app.
I have another guy working with me, hopefuly I can round up a few more peeps.
Of course you will get full credit for whatever work you do on the site credits page.
this is mainly a portfolio builder, if your interested hit me up on AIM, if not pm me and i'll delete this.
mirchiseth
05-29 01:42 PM
http://immigrationvoice.org/forum/showthread.php?t=18737
more...
apoojo
06-21 10:58 AM
I am not a lawyer but was involved in something similar.
C can take you to court and stop you from being hired by vendor. It will be very difficult for them to push for damages etc. but thye can bring a stop on your hiring.
If C is a small desi consultant the chances are dim he will come after you. But if he is reasonably sized with lawyers within the company, you mgiht get a notice. You can take a chance, but usually the lawyer fees etc might not be worth the effort.
Your other option is to have your vendor buy you out - which means the vendor pays an X amount to C, and that frees you up from any contracts/non-competes.
Good luck!
C can take you to court and stop you from being hired by vendor. It will be very difficult for them to push for damages etc. but thye can bring a stop on your hiring.
If C is a small desi consultant the chances are dim he will come after you. But if he is reasonably sized with lawyers within the company, you mgiht get a notice. You can take a chance, but usually the lawyer fees etc might not be worth the effort.
Your other option is to have your vendor buy you out - which means the vendor pays an X amount to C, and that frees you up from any contracts/non-competes.
Good luck!
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thakkarbhav
02-07 08:45 PM
Yes. They need atleast 3 months time to file new labor.
more...
sushilup
10-23 08:35 AM
Hello Guys,
I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..
My application reached to texas..they transfered to Cal...cal issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..
thank you
I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..
My application reached to texas..they transfered to Cal...cal issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..
thank you
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go2roomshare
01-19 03:14 PM
It may be dump question.
Is it the date LC is filed?
Is it the date DOL Received Acknowledgement Date? ( Receipt Date)
Is it the date just DOL received the package??
Any one knows for sure??
Is it the date LC is filed?
Is it the date DOL Received Acknowledgement Date? ( Receipt Date)
Is it the date just DOL received the package??
Any one knows for sure??
more...
rkanth12
09-22 02:43 PM
Folks,
My wife needs an EAD to apply for medical residency in the US. We have our EAD application pending (receipt date Aug 27th). We know we will get our EAD eventually. But the problem is more complex.
For medical residency, programs call candidates for interviews in Nov/Dec. So they start offering interview slots in Sep/Oct timeframe. If you don't have an EAD card or EAD-approval notice, they will not even consider you. They don't care if you say that EAD will definitely come by Dec (or something like that).
We tried our local congressman, but even he said he couldn't do anything
until the 90-day processing time had passed. We tried the local INFOPASS office and submitted an expedite request, but that got denied.
So we are urgently looking for ways to get my wife's EAD ASAP. If we don't get the EAD in time, my wife will lose an year and in medical residency, every year you sit at home counts (against you).
Does anyone here have any ideas what we can do ! Note: This EAD is needed for *education* purposes and not for *gainful* employment.
Don't worry you'll get it soon.
I'm also in same, we got recently.
My wife needs an EAD to apply for medical residency in the US. We have our EAD application pending (receipt date Aug 27th). We know we will get our EAD eventually. But the problem is more complex.
For medical residency, programs call candidates for interviews in Nov/Dec. So they start offering interview slots in Sep/Oct timeframe. If you don't have an EAD card or EAD-approval notice, they will not even consider you. They don't care if you say that EAD will definitely come by Dec (or something like that).
We tried our local congressman, but even he said he couldn't do anything
until the 90-day processing time had passed. We tried the local INFOPASS office and submitted an expedite request, but that got denied.
So we are urgently looking for ways to get my wife's EAD ASAP. If we don't get the EAD in time, my wife will lose an year and in medical residency, every year you sit at home counts (against you).
Does anyone here have any ideas what we can do ! Note: This EAD is needed for *education* purposes and not for *gainful* employment.
Don't worry you'll get it soon.
I'm also in same, we got recently.
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psk79
05-22 11:16 AM
I am sure this what might have happened since you talked about FP.
Did you and your attorney both receive the FP notices ? I think one of those copies was returned to USCIS as undeliverable. What they do is they wil check the system for any address change and then put the returend FP notices alogn with the envelope in a new envelope and mail it out again. We had this weird status for few people duingthe Jul 07 rush and that was what it was. Let us know if this is the case..
Did you and your attorney both receive the FP notices ? I think one of those copies was returned to USCIS as undeliverable. What they do is they wil check the system for any address change and then put the returend FP notices alogn with the envelope in a new envelope and mail it out again. We had this weird status for few people duingthe Jul 07 rush and that was what it was. Let us know if this is the case..
more...
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desi3933
02-18 11:36 AM
......
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
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nid
06-12 11:16 PM
Hi,
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
My I140 is approved and I485 is pending. I am working Full Time as a Software Devloper on EAD with a Consulting Company. I have been offered a part time work of same nature by my friend. He has a company and he offers to pay me on 1099.
Would it be ok to work part time(15 Hrs. per week) and accept payment on 1099.
Please advise.
Thanks,
Nid
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eswaraprasad73
02-07 03:25 PM
Thanks for the information
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saravanaraj.sathya
08-24 08:55 AM
Mam Thank god..Atlast someone has responded. I live in Williamsville. I am the only one righht now. We will rent a car and try to get some 3 more guys. I will pm my contact no.
Hi,
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
Hi,
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
more...
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kodey7
12-10 02:52 AM
Hi,
I am a resident of the Chennai Consular District and I made an emergency appointment (returning US worker-H visa) for my H-1 renewal visa at New Delhi through the vfs website. I was not able to find any appointments at the Chennai consulate. I happened to know today through the New Delhi Embassy website that their emergency appointments are reserved only for residents of the New Delhi Consular District. I'm confused as to how/why the vfs website allowed me to make an appointment without providing this information. I am now unable to find any regular appointments available at New Delhi or emergency appointments at Chennai.
Also, the vfs website has a news update from Dec.4th stating that anyone (fluent in english) can now apply at New Delhi, Chennai or Mumbai. I do not know if this precludes the emergency appointment requirement at New Delhi as stated above or if this is a more up to date info.
If anyone here has any information/experience about this, I would appreciate a response.
Thank you.
I am a resident of the Chennai Consular District and I made an emergency appointment (returning US worker-H visa) for my H-1 renewal visa at New Delhi through the vfs website. I was not able to find any appointments at the Chennai consulate. I happened to know today through the New Delhi Embassy website that their emergency appointments are reserved only for residents of the New Delhi Consular District. I'm confused as to how/why the vfs website allowed me to make an appointment without providing this information. I am now unable to find any regular appointments available at New Delhi or emergency appointments at Chennai.
Also, the vfs website has a news update from Dec.4th stating that anyone (fluent in english) can now apply at New Delhi, Chennai or Mumbai. I do not know if this precludes the emergency appointment requirement at New Delhi as stated above or if this is a more up to date info.
If anyone here has any information/experience about this, I would appreciate a response.
Thank you.
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sanju
07-27 11:51 AM
if there was something IV core would have informed us and suggested action items..
as of now concentrate on 2 action items
- Sending Thankyou cards
- Upload IV video on utube
Thanks for saying that jonty_11. It seems most members do not want to do the things requested to us by the IV core team. We just want them to provide us "service" by working to answer our personal questions which we should be asking paid lawyers, we just want to logon to the website to get the latest news and think the IV core team is simply idiot to request us to send out Thank You cards and put YouTube videos. There is no scarcity or ranting on the forums about personal situations, patriotism, logic, economic arguments, and our our personal belief system whenever we find someone in conflict with us. However, most people do not want to function as a community and want others to prepare a list of amendments for them so that they do not have to do their homework, so that they could get their green cards sooner.
Guys, please do not post messages for the sake of posting messages. Each post takes away many man hours when thousands of people are reading the post. This is time spent away from important activity. Most members are simply posting new threads over and over again, asking the same question. I am not able to understand why do people not want to search for an answer to their question in the earlier posts. Why do we have to spend time in reading and answering same set of questions over and over again?
And why do we ask others to put a list of all the amendments? If we want answer to this question, why can't one spend time and prepare a list and post that list sharing the information with others? No offense meant, I am simply trying to understand.
as of now concentrate on 2 action items
- Sending Thankyou cards
- Upload IV video on utube
Thanks for saying that jonty_11. It seems most members do not want to do the things requested to us by the IV core team. We just want them to provide us "service" by working to answer our personal questions which we should be asking paid lawyers, we just want to logon to the website to get the latest news and think the IV core team is simply idiot to request us to send out Thank You cards and put YouTube videos. There is no scarcity or ranting on the forums about personal situations, patriotism, logic, economic arguments, and our our personal belief system whenever we find someone in conflict with us. However, most people do not want to function as a community and want others to prepare a list of amendments for them so that they do not have to do their homework, so that they could get their green cards sooner.
Guys, please do not post messages for the sake of posting messages. Each post takes away many man hours when thousands of people are reading the post. This is time spent away from important activity. Most members are simply posting new threads over and over again, asking the same question. I am not able to understand why do people not want to search for an answer to their question in the earlier posts. Why do we have to spend time in reading and answering same set of questions over and over again?
And why do we ask others to put a list of all the amendments? If we want answer to this question, why can't one spend time and prepare a list and post that list sharing the information with others? No offense meant, I am simply trying to understand.
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nonlimit
02-11 11:39 AM
Hey Alabaman,
First of all thanks for your reply.
No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.
2 points:
1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).
But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.
Am I correct with this reasoning? Does the substantial presence test only count for the next year?
2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.
Christian
First of all thanks for your reply.
No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.
2 points:
1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).
But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.
Am I correct with this reasoning? Does the substantial presence test only count for the next year?
2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.
Christian
martinvisalaw
08-07 12:16 PM
Hi,
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
Should I go to Canada or Mexico and re-enter US with EAD/AP before my AP expires to start working on EAD and avoid any "out of status" issues ?
Does Canada Mexico ask for valid VISA and I-94 to get a visitor visa?
Should I go to India(my home country) and re-enter US before my AP expires to keep my status ?
It doesn't seem to me that you need to leave the US at all. You are authorized to stay here because you have a 485 pending. You can work using your EAD. The company should have reverified your I-9 form when the H-1B expired, assuming that you showed the H-1B paperwork to complete the I-9. However, since you have an EAD, you were not working without authorization.
However, you have a lawyer who has reviewed all your paperwork and presumably s/he knows something that I don't.
Whatever you do, you should NOT try to enter the US as a visitor when you really want to work here and be a permanent resident. That would be fraud.
rameshk75
01-26 08:40 PM
I think you have to file in 2 states. Suggest you to consult a tax consultant instead of looking at the IV forums for the answer.
:confused:
It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.
But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?
Any help will be greatly appreciated
:confused:
It is partly my fault as I should have noticed when I started a new project in end August in South Carolina.
But now looking at my W2 it shows that my employer has been filing taxes in my previous state Missouri for the entire year. How should I go about correcting this? I was in Missouri for 5 months and in South Carolina for the remainder. In which state should I file my tax too?
Any help will be greatly appreciated
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