sk.aggarwal
08-05 08:44 PM
If it is not too urgent for you to visit India. I would recommend you reschedule your flight and do H1 in PP. Its just too risky to assume that you will get approval notice before your vacations ends and you will be able to schedule appointment and get stamping done. If I were you, would have postponed unless its absolutely urgent.
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Seb Hughes
04-17 09:21 AM
Yeah what is wrong with Macs
H1bslave
07-30 03:50 PM
^^^^^^^^^^^^^^^
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jsb
11-27 04:31 PM
Thank you wandmaker. This helps.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
more...
minimalist
10-11 09:53 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
sundarpn
08-06 05:28 PM
If one changes to a new employer after 180 days,
How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?
After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).
How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?
After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).
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leonqiu
03-06 01:37 PM
Gurus, business in my company is getting really slow and everyone is saying that some sort of lay-off is imminent. Although I am actively looking for new job, I find that the timing issue is hard to deal with.
My question is that: in the event of lay-off or firing and I don't have a new job lined up for me, do i have some "buffer" time to keep searching and landing for a job? Or do I immediately loose status?
I remember I read some guidances on this in this forum, and will be grateful if someone can point me to the right thread.
Thanks,
My question is that: in the event of lay-off or firing and I don't have a new job lined up for me, do i have some "buffer" time to keep searching and landing for a job? Or do I immediately loose status?
I remember I read some guidances on this in this forum, and will be grateful if someone can point me to the right thread.
Thanks,
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SBH
01-10 12:13 PM
Hi,
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
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nomi
10-02 11:45 AM
I'm going to Canada on vacation for 2 days. I've read that if yr I-94 is valid and even if yr visa is expired you can return to US (thru automcatic revalidation)
till
1. you have not applied for US visa in Canada
2. you dont belong to a country declared as sponsoring terrorism.
My question is if you surrender yr I-94 to a Canadian inspector while crossing in to Canada, what do you show US immigration people while coming back? Do they stamp something etc? Has anyone gone thru this or knows abt this?
Thanks
Please let me know how does your visit went. I need to go to Canada in Jan. too.
Good luck and have a nice trip.
till
1. you have not applied for US visa in Canada
2. you dont belong to a country declared as sponsoring terrorism.
My question is if you surrender yr I-94 to a Canadian inspector while crossing in to Canada, what do you show US immigration people while coming back? Do they stamp something etc? Has anyone gone thru this or knows abt this?
Thanks
Please let me know how does your visit went. I need to go to Canada in Jan. too.
Good luck and have a nice trip.
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fromnaija
01-25 05:38 PM
First off, there is nothing like EAD status. What you are right now is AOS-pending. It does not matter that you are a dependent on your spouse's or parent's adjustment of status application. You may work as long as your EAD is valid. You may also decide not to work if you so desire. As long as your AOS application is in process you are under what is termed authorized stay, so your stay is legal.
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solaris27
08-03 04:20 PM
its not required , you can update and keep it with you .
provide if they ask any document only.
provide if they ask any document only.
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vatsa
01-04 10:38 AM
http://www.businessweek.com/smallbiz/content/jan2007/sb20070103_187304.htm?chan=search
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
more...
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Blog Feeds
05-20 11:10 AM
From Business Week: A report released on Tuesday makes the case that increased immigration is not a cause of increased unemployment in the U.S. The study, �The Unemployment Disconnect: Untying the Knot,� was issued by the Immigration Policy Center, the research arm of the American Immigration Law Foundation, an association of immigration lawyers that generally supports pro-immigration policies. The study sets out with the assertion that if immigrants are taking jobs away from native-born workers, �one would expect to find high unemployment rates in those parts of the country with large numbers of immigrants.� Examining state, county, and metropolitan area...
More... (http://blogs.ilw.com/gregsiskind/2009/05/study-no-link-between-immigration-and-unemployment.html)
More... (http://blogs.ilw.com/gregsiskind/2009/05/study-no-link-between-immigration-and-unemployment.html)
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immiblues
02-11 12:20 PM
Did you declare your arrest record at the time of I-485 filing and did INS respond to that? What stage of I-485 filinga are you? Do you already have your AP?
As far as I know you can be denied entry IF your I-484 is denied while you are out of the country.
As far as I know you can be denied entry IF your I-484 is denied while you are out of the country.
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kondur_007
03-09 06:38 PM
You need to speak to a very good lawyer before doing this.
As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).
Doing so will violet H1B status.
So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.
This is technical law...just so you know.
Good Luck.
PS: I like your idea and I admire your dream.
As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).
Doing so will violet H1B status.
So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.
This is technical law...just so you know.
Good Luck.
PS: I like your idea and I admire your dream.
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Swati Solanki
10-04 04:08 PM
Mine was received on 18th july too by R Cook. No news yet! Did anyone's cheque got cashed out?
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logiclife
02-18 02:49 PM
It will never happen here. Even if it does happen, it will still have an annual quota, which would lead to priority dates.
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acecupid
07-08 04:31 PM
Just go to online address change and do it for all your petitions.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
What I have heard is that if your new address is 200+ miles away from the old address, you are most certainly going to get a EVL RFE. One of my friends' recently changed his address within the same city and never got RFE.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
What I have heard is that if your new address is 200+ miles away from the old address, you are most certainly going to get a EVL RFE. One of my friends' recently changed his address within the same city and never got RFE.
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rajeshalex
03-09 02:55 PM
1 It is your resp to send ur SSN to the company.
2 Call the Internal Revenue Service at 1-800-829-1040 and file a W2 complaint. They wil take a report and send you a form that you can use as a subsitute, you will need your last paycheck stub when you call, along with the name, address and phone# of the employer and what dates you worked for them
Source(s):
Internal Revenue Service
1-800-829-1040
Employer has the liability to send the W2 form by Jan 31st and they need to keep proof for that. When u complain IRS will ask to send the proof and fine them 300$.
After getting the notice even if company doesnt give the W2 form u can use the substitue form which will be mailed by IRS once u complain.
Rajesh
2 Call the Internal Revenue Service at 1-800-829-1040 and file a W2 complaint. They wil take a report and send you a form that you can use as a subsitute, you will need your last paycheck stub when you call, along with the name, address and phone# of the employer and what dates you worked for them
Source(s):
Internal Revenue Service
1-800-829-1040
Employer has the liability to send the W2 form by Jan 31st and they need to keep proof for that. When u complain IRS will ask to send the proof and fine them 300$.
After getting the notice even if company doesnt give the W2 form u can use the substitue form which will be mailed by IRS once u complain.
Rajesh
andhrawala1000
03-16 07:20 PM
Pay stub amount is not in issue. Paystub is submitted as evidence that you are working (and thus in valid status on day you file the H1). As for visa, a valid visa in ppt can be used for travel though you have changed employers. But on reentry you must show the original receipt notice of employer (to whom you transferred). If you have got the approval, show that to get an extended I-94 and documenting correct employer on the I-94 and USCIS records.
feedfront
09-17 09:55 AM
I have not seen this situation with anybody else on forum. Talk to good attorney, they should help you out.
RFE is time sensitive. So act fast.
Good Luck!
RFE is time sensitive. So act fast.
Good Luck!
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