senthil1
05-25 02:06 AM
One example is how PD moved 2 years suddenly. For that also some people will negative spin that PD will move back years. I bet that at least 3 months it will not move back. All the calculations were over estimations. 90k increase + 3% country quota will make lot of difference. It means more than double number compared to current numbers for India. It wll make sure that PD will move 1 to 2 year forward.
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uskiwi
05-19 11:28 AM
Can you then apply for the new H1B durng the 12 month stand down period or you have to wiat the 12 months before applying for one?
bbct
02-16 01:53 PM
If one has not maintained his/her prior legal status, countries other than home country will not give the visa. Instead, they would be asked to back to go home country for getting the visa.
I am currently on H1-B .My company is doing a lot of layoffs and I can be laid off anytime. So I have decided to go back to H4 but filing I-539 can take upto 3 months. Someone told me that I should go to Canada/Mexico and that process will be faster.
Can someone plz. tell me what is the procedure and what documents are required for COS from h1 to h4.
Has anyone any experience with Canada/Mexico.How should I fix an appointment?
I am currently on H1-B .My company is doing a lot of layoffs and I can be laid off anytime. So I have decided to go back to H4 but filing I-539 can take upto 3 months. Someone told me that I should go to Canada/Mexico and that process will be faster.
Can someone plz. tell me what is the procedure and what documents are required for COS from h1 to h4.
Has anyone any experience with Canada/Mexico.How should I fix an appointment?
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laborchic
10-06 11:39 AM
Its an honor to have such prestigious members on IV Advisory boards..
Great to know that we are in good hands..
Great to know that we are in good hands..
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vedicman
01-03 09:20 AM
NEW DELHI: India may drag the United States to the World Trade Organization , or WTO, over its decision to raise professional visa fees for an extended period and impose a 2% import levy on goods and services sold to the US government, a senior official has said.
The commerce department is studying details of the James Zadroga 9/11 Health and Compensation Act of 2010 which aims to increase visa fee and import taxes on supplies to government to set up a $4.3 billion fund for sharing the healthcare burden of those affected by 9/11 terror attack in New York.
The Senate passed the bill last week and India will soon take a decision on approaching the WTO, commerce secretary Rahul Khullar told ET on Monday.
The final bill, which is now with US President Barak Obama to be signed into law, spells more trouble for Indian industry than the one initially proposed as it imposes an additional levy of 2% on all goods and services sold by Indian companies to the US government and extends the period for higher visa fees from 2014 to 2021.
India has been trying for months to persuade its third largest trade partner to revoke the proposal to increase H1B and L1 visa fees as it could raise the cost of Indian IT companies operating in the US by $200 million annually.
"We do not rush into disputes, but beyond a point, patience does run out," Dr Khullar said, adding that it may be time for the country to explore the option of settling the issue at the WTO.
The first step would be to seek consultations with the US at the WTO on the contents of the bill and if the matter doesn't get resolved, a dispute settlement panel could be set up, the secretary said.
The 2% tax will be levied on countries that are not signatories to the government procurement agreement (GPA) of the WTO, including India.
The commerce department is studying details of the James Zadroga 9/11 Health and Compensation Act of 2010 which aims to increase visa fee and import taxes on supplies to government to set up a $4.3 billion fund for sharing the healthcare burden of those affected by 9/11 terror attack in New York.
The Senate passed the bill last week and India will soon take a decision on approaching the WTO, commerce secretary Rahul Khullar told ET on Monday.
The final bill, which is now with US President Barak Obama to be signed into law, spells more trouble for Indian industry than the one initially proposed as it imposes an additional levy of 2% on all goods and services sold by Indian companies to the US government and extends the period for higher visa fees from 2014 to 2021.
India has been trying for months to persuade its third largest trade partner to revoke the proposal to increase H1B and L1 visa fees as it could raise the cost of Indian IT companies operating in the US by $200 million annually.
"We do not rush into disputes, but beyond a point, patience does run out," Dr Khullar said, adding that it may be time for the country to explore the option of settling the issue at the WTO.
The first step would be to seek consultations with the US at the WTO on the contents of the bill and if the matter doesn't get resolved, a dispute settlement panel could be set up, the secretary said.
The 2% tax will be levied on countries that are not signatories to the government procurement agreement (GPA) of the WTO, including India.
danila
07-27 07:45 AM
Part 6 , Processing Information On Page8 of I-765 Instructions states =>
"Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."
Notice that Interim EAD is for ASYLUM Applicants.
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
"Interim EAD. If you have not received a decision within90 days of receipt by USCIS of a properly filed EADapplication or within 30 days of a properly filed initial EADapplication based on an asylum application filed on or afterJanuary 4, 1995, you may obtain interim work authorization byappearing in person at your local USCIS district office. Youmust bring proof of identity and any notices that you havereceived from USCIS in connection with your application foremployment authorization."
Notice that Interim EAD is for ASYLUM Applicants.
Not true. It is 30 days for the asylum based apps and 90 days for the rest.
more...
imh1b
07-29 02:35 PM
Spillover from Family to Employment will occur for FY 2010-2011. Not for September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
You are right. He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
Family spillover for 2009-10 is approximately 10500, and is already allocated.
We wouldn't know this number until DOS publishes Immigration Statistics for 2010.
You are right. He said end of year for spillover from family. So I understood as September,
I also asked how many visas a left. He said only about 9 thousand for EB2 in total. They approved a lot this month. Next month more approvals will happen. For EB3 India he said only a couple of hundred are available till end of September.
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dazed
07-30 07:35 PM
Is it possible to get your EAD, if I-140 is still pending. :confused:
more...
santa123
10-06 08:41 PM
I just read about someone in San Fernando who killed his family and himself because he didn't have a job.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
Well said... the economy will rebound as time progresses. Let us hope and pray it happens quickly.
Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...
Cheers!!
Well said... the economy will rebound as time progresses. Let us hope and pray it happens quickly.
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chanduv23
01-24 10:22 AM
Tri Staters - please make it to this social event.
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salai007
07-17 06:09 PM
Thanks to Rep Lofgren.
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neoneo
07-16 08:36 PM
I'm not sure the information is correct. You can add a spouse anytime before your I-485 is approved. Till that time it's a good idea, if you have a chance, to maintain two different applications. The difference is you can mention that you have a spouse in biometrics etc but you wont file for her EAD/ AP since she/he has a separate app since she is not a dependent.
In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
If you don't plan to file as a dependent then you have to file two independent apps.
Don't get confused with dependent and spouse, these are two very different terms.
You would add a dependent before your I-485 approval depending upon whose PD is current.
PS: As usual all the disclaimer regarding of me not being an attorney applies. :D
In a nutshell " If-you-are-a-spouse-doesn't-mean-you-are-a-dependent".
If you don't plan to file as a dependent then you have to file two independent apps.
Don't get confused with dependent and spouse, these are two very different terms.
You would add a dependent before your I-485 approval depending upon whose PD is current.
PS: As usual all the disclaimer regarding of me not being an attorney applies. :D
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Napoleon
03-12 12:33 PM
http://immigrationvoice.org/forum/showthread.php?t=13349
Please do a search on this site, we have discussed this in couple of forums in great detail.
You will find all your answers there.
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
Please do a search on this site, we have discussed this in couple of forums in great detail.
You will find all your answers there.
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
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chanduv23
02-25 04:11 PM
Is it referring to any USCIS docs? Has any lawyer ever warned about this? Has green card been revoked for people who had to quit jobs? Does this website point to any valid link?
more...
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javadeveloper
07-27 03:19 PM
As per my knowledge Labor and I-140 (originals) are company's property.If employer is willing he/she can give you a copy
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ck_b2001
07-26 02:56 PM
I didnt send the checks,our lawyer did.So,i dont have a clue when they were cashed.
Can any one tell the time between check cleared and Notice issued. My lawyer sent the checks and he will never bother checking his account daily for me. Hence Notice is the only thing i will get.
Can any one tell the time between check cleared and Notice issued. My lawyer sent the checks and he will never bother checking his account daily for me. Hence Notice is the only thing i will get.
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RDB
06-29 03:46 PM
Your insurance company will give you that letter....no specific amount but stating that international coverage is there. I have used that letter for Schengen visa in German consulate 4 times and it has worked well.
Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".
What are my options. Can you guys suggest where I can buy the insurance from.
Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".
What are my options. Can you guys suggest where I can buy the insurance from.
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EBX-Man
04-30 02:31 PM
Hi,
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
The rule is
If you dont have a birth certificate
- You need affidavites from both parents
If you have a birth certificate issued after 1 year of date of birth
- You need affidavites from both parents
If you have a birth certificate issued within 1 year of date of birth
- You do not need affidavites
Dont worry i applied for birth certificate in 2005 in india and submitted that along with affidavites from parents and the documents were accepted
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
The rule is
If you dont have a birth certificate
- You need affidavites from both parents
If you have a birth certificate issued after 1 year of date of birth
- You need affidavites from both parents
If you have a birth certificate issued within 1 year of date of birth
- You do not need affidavites
Dont worry i applied for birth certificate in 2005 in india and submitted that along with affidavites from parents and the documents were accepted
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mmk123
04-18 08:04 PM
we filed online I539 for extension of status and sent documents today. Should be all set even if opening air-space takes few more days. It's simple for this kind of a case..
thanks!
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anilsal
06-29 04:10 PM
My passport is filled with various schengen visas.
I take the insurance from Travelex. It costs around $25 for one person.
I once had an issue where one of the connecting flights was missed because the previous flight got delayed due to technical issues and since I booked from different travel agents, I had to shell out $300 bucks.
I called Travelex to get the details about refund. They sent me a form. After that I procrastinated. Travelex kept sending me reminders that I have not sent the filled form (really, which insurance company wants to remind users about claims?).
I sent the form and my refund came back within a week.
I like Travelex insurance because it takes 10 minutes online and I expense it as part of my biz trips.
I really really would like to see Europe issue longer duration visas. Their Schengen visa is plain ridiculous.
By the way, I just came back from Europe yesterday.
Many countries in Europe have free healthcare. So it is not really an issue to get healthcare. The insurance helps you when you have to be transported back or such in very very unfortunate cases.
I take the insurance from Travelex. It costs around $25 for one person.
I once had an issue where one of the connecting flights was missed because the previous flight got delayed due to technical issues and since I booked from different travel agents, I had to shell out $300 bucks.
I called Travelex to get the details about refund. They sent me a form. After that I procrastinated. Travelex kept sending me reminders that I have not sent the filled form (really, which insurance company wants to remind users about claims?).
I sent the form and my refund came back within a week.
I like Travelex insurance because it takes 10 minutes online and I expense it as part of my biz trips.
I really really would like to see Europe issue longer duration visas. Their Schengen visa is plain ridiculous.
By the way, I just came back from Europe yesterday.
Many countries in Europe have free healthcare. So it is not really an issue to get healthcare. The insurance helps you when you have to be transported back or such in very very unfortunate cases.
veni001
06-22 02:44 PM
Make sure your LCA and H1B will be amended with the promotion first....
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
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