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  • logiclife
    04-19 02:01 PM
    I would advise against going outside of your district to apply.

    If you are going to go via drop-box then they may not even accept your applications for stamping based on your Kerala address on your form for H1. If they do, they could very well reject it and ask you to go to Chennai consulate.

    Why would you want to risk that?




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  • desi3933
    03-05 12:24 PM
    There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

    1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
    2. Any other situation or scenario that i should be aware of?
    3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
    4. How long can i stay outside US on a H1b visa?

    Thanks a lot.

    The key question is - what you will be doing in India during the period you are out of US? Will you be working in Indian subsidiary of your employer?




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  • akkakarla
    09-01 04:12 PM
    Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?

    I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office

    I guess applications pending at local office are unlucky guys :-(

    Anil




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  • QuickGreenCard
    02-17 04:24 PM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks



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  • number30
    03-27 01:47 PM
    Hi,
    I have an EAD and am in the process of buying a business.
    How long do I have to wait in order to apply for GC?
    Tnx
    Geeta05

    If you own more then 5% in the company you cannot sponsor GC for you self or your family members.




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  • Antonio Trivelin
    September 1st, 2006, 03:16 PM
    Just for fun :)

    http://img160.imageshack.us/img160/1209/engenhohdr800shpassin2copytx8.jpg (http://imageshack.us)

    http://img67.imageshack.us/img67/5198/engenho2hdrshp800copyfp3.jpg (http://imageshack.us)


    :p

    Comments are always wellcome

    Antonio



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  • glus
    12-29 09:54 AM
    I believe change of status pending works the same way as extension applications when pending - one can continue to stay in the country post I-94 expiration as long as the change of status application has been filed prior to I-94 expiration - so the time spent after I-94 expiration does not count as out of status. Now if the change of status application is denied and the decision comes after I-94 has expired - I believe you have 30 days to leave the country - USCIS would send a notice stating the same as well and in that case one should leave the country as early as possible - within 30 days of such intimation.

    I would still advise you to get an opinion from an immigration attorney to be sure that this is the way it works.

    Yes, this is correct.




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  • wandmaker
    02-18 02:33 PM
    One has to pay taxes on worldwide income if filing taxes as US resident. He/she can deduct foreign taxes paid as credit. It does not matter if income is taxed or not in the foreign country.

    It is a key point to know, thanks for posting



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  • BMS1
    09-10 11:08 AM
    Among other things, one important change for H1-b program would be to make H1-B transfer easier for folks that are laid off or had to resign abruptly due to various reasons by providing some legal leg room to land a new job. The current rule for laid off / abruptly resigning people is to pack up and leave the very next day of separation for their country of origin and start the H1B process again if they need to maintain a clean legal record. That is not always pracitcally possible due to ticket availability, disposing of residence lease etc. This is very much acknowledged by USCIS by overlooking some minor gaps between employments for H1-B transfer. So provision of some gap (60 days?) between job changes for H1B transfer will provide some legal/legislative back-up to the procedures currently being followed by USCIS as a matter of practicality.




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  • ursosweet
    02-06 09:35 AM
    I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).

    just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.

    I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).

    good luck.



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  • boston_gc
    06-05 08:33 PM
    I am in the similar situation. I think we should be fine not renewing it as long as we don't use it.

    Does anyone else has comments on this?




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  • Leo07
    01-31 04:24 PM
    Folks,

    Please take a moment to fill in the below survey from Barack Obama's website. I'm 100% sure that the results of the survey will reach the President. No sign-up necessary to complete the survey. To select 'Immigration Reform' as your number one priority, choose 'Other' and type in 'Immigration Reform'. You can see that Immigration reform is not one of the top priorities of the administration at the moment.

    Here is the Link:
    Organizing for America | BarackObama.com | OFA Survey (http://my.barackobama.com/page/s/OFASurvey/)


    Thanks,
    Leo07



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  • manderson
    02-08 10:51 AM
    bump

    It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.




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  • rockstart
    11-30 01:56 PM
    Here is what I can advise

    1) Get all the supporting documentation that you have for both cases. Example tickets/ citations, fine receipts, any other docs related to the case you can find. make sure you make photo copies of all documents
    2) Get a court dispositon documents for both cases to prove that the cases are closed and fine was paid
    3) Make sure you run all these documents past your immigration attorney to ensure nothing is missing. Also get in touch with your lawyers that handled the DUI & other case to see if they can help you with paperwork
    4) If you are not comfortable defending you case you can take an attorney with you. That is entirely optional thing.
    5) No one on this forum or immigration officer has any moral right to tell you what you did was good or bad. Its the job of courts and they have already made you pay fine. So as long as you can furnish all relevant papers that these cases are closed you are fine with your immigration process.



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  • mashu
    08-10 01:58 PM
    I was in the RFE situation as well when I140 Premium (EB3) has been filed.
    They asked tax returns of my company for last 2 years. The only thing I want to add to previuos posts, that your lawyer should hurry up with an answer - I remember that in my case i 72 hours to respond have been given. After receiving additional docs, they approved it in 1 or 2 days.




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  • pmb76
    07-17 07:00 PM
    my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers

    Below is a rough checklist I prepared for myself:

    1. Six Photographs with name on back in pencil. YES

    2. Copy of Birth Certificate with affidavits from Parents. YES

    3. Checks for Filing fees. YES

    4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES

    5. Color Copies of passports. YES

    6. Copy of I-94 both sides. YES

    7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES

    8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES

    9. Medical examination Report. YES

    11. Letter of Employment. YES

    12. Copy of EAD and EAD application receipt. YES

    13. Bank statement. YES



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  • rockstart
    05-05 09:09 AM
    As long as you are working in the same position you should be fine. Also since you are making more than what is specified in your labor there is no reason to be worried. At I485 stage all they want to validate is that the employer still has the position open and you are still employed. So there is no real need to worry about the greater income.

    Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.



    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07




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  • grupak
    03-24 11:39 AM
    AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.

    Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.

    Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.




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  • shana04
    02-01 09:42 AM
    I used Rajiv Khanna and Amarnath Gowda(www.gowda.com). They both were good and will provide satisfactory service.

    This gave me extra level of satisfaction.




    ups
    05-07 02:59 PM
    I and my husband both of us lost our passports too. We got it stamped again when we went to India. In between I transferred my h1s also with the copy of lost passport and duplicate passport issued by indian embassy ny office. It wasn't too difficult to get it stamped again from mumbai consulate india.

    You might get it stamped from Canada or Mexico. We just didn't want to take risk because we had copy of lost and inside usa we could do all our work(including transferring h1s) with the copy.

    Don't worry. It is not that big as it looks. Though indian embassy took 12 months to issue duplicate passport




    TomPlate
    11-26 08:09 PM
    As per my company if you do not carry AP and your green card is approved and you enter using H1 you will invalidate your green card.

    If your green card is approved and you use AP to enter no problem.


    That is why AP is for



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