greenguru
02-14 09:44 PM
Hi,
I had the same scenario... only the dates are different.
You will get only ONE STAMPING On your passport and that will be till the end of your 3rd year( Till Second H1 exp. date)
Cheers
I had the same scenario... only the dates are different.
You will get only ONE STAMPING On your passport and that will be till the end of your 3rd year( Till Second H1 exp. date)
Cheers
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chi_shark
10-06 05:23 PM
i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.
wish you luck
I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?
I will really appreciate your help.
Thanks for the support.
wish you luck
I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?
I will really appreciate your help.
Thanks for the support.
Alabaman
11-04 08:45 PM
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?
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javadeveloper
05-27 04:54 PM
I would suggest that the letter be sent at the time of filing the second EB2 I 140. This is the way my attorney filed.
What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!
Our discussion should be like this
a)I-140+Interfile together
Pros:
1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
..
Cons:
1.If I-140 gets denied I-485 gets denied
..
b)Interfile after I-140 approval
Pros:
1.No harm to I-485 If 140 gets denied
..
Cons:
1.takes more time to get GC
...
Add more pros and cons to each scenario...
What if I-140 gets denied?Will there be any harm to the existing I-485?Need YES or NO answer Please!
Our discussion should be like this
a)I-140+Interfile together
Pros:
1.fast approval.meaning takes less time to get GC. Recommended if we are sure about I-140 approval.
..
Cons:
1.If I-140 gets denied I-485 gets denied
..
b)Interfile after I-140 approval
Pros:
1.No harm to I-485 If 140 gets denied
..
Cons:
1.takes more time to get GC
...
Add more pros and cons to each scenario...
more...
cessua
09-11 07:00 PM
Were you really expecting that any bills were going to pass? In the politics world it is all about compromise, no one will vote for anything tht can risk their image before the election. Let's put it this way... you are a law maker... what to would you care about? immigrants or yourself?
beppenyc
04-09 04:14 PM
The system is broken, but only for us. Trust me, the US is only profit from the Illegal and Legal immegration. I lost hope, it`s the same dance, again, again and again.
more...
uslegals
11-04 09:10 AM
Did u take Infopass appt. for EAD & AP together...? On the infopass form once fill only one receipt # right..?? My application was recd. by USCIS on 7/7...90 days is from recd. date...isn't it..? and not Notice date.? 90 days will be up for me by tomorrow 11/5..I still have no EAD & AP..! Can i take EAD & AP appt. together on same day for Infopass.? Or should i call USCIS reg. my case...Thanks..!!
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palemguy
11-05 06:11 PM
Mine is July 3 rd recieved date from NSC. My AP was approved on October 8, 2007. I got it my mail on Nov 2, 2007. I haven't get my EAD yet.
more...
chanduv23
10-09 10:28 AM
^^^^^^^^^^^^
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styrum
02-13 11:50 AM
Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM!
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
more...
gogal
01-02 10:49 AM
It is said that 140 premium takes around 15 days... Is it true that, if there is any query during the premium processing, the 15 day count is not applicable.. I mean it goes back to the normal processing time in case of any query
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wandmaker
08-17 09:09 AM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
Your L1 will be CWPed for sure. I went for H1B stamping multiple times, my B1 was not CWPed
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
Your L1 will be CWPed for sure. I went for H1B stamping multiple times, my B1 was not CWPed
more...
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BEC_fog
11-17 10:53 AM
I looked at converting to RIR but there seems to be no point in changing. There is no guarantee that an RIR application will be processed before an TR. Also, they are picking up applications in random order and not FIFO. So, I decided against the conversion.
PD: EB2 India- Sept 02
PD: EB2 India- Sept 02
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atlgc
09-22 05:56 PM
i do not think its any issue.go for it ..:mad::p:D
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kartikiran
06-17 05:13 PM
paulkurni, please join your state chapter. Even before Obama's mention in the Cairo speech, IV Core has been trying to do whatever you have mentioned.
We need members to collectively participate in their state chapters which can provide the thrust needed to perform a collective action country-wide as mentioned by you.
I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
We need members to collectively participate in their state chapters which can provide the thrust needed to perform a collective action country-wide as mentioned by you.
I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
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jimcourier
06-08 05:14 PM
Hi folks,
Thanks to all who responded and viewed my post.
I am still in the US, I had to reschedule my travel plans, which leaves me very little time for the event. But atleast, I have the satisfaction that I gave it my best shot.
On the plus side, I get to stay back for a couple more days, so that's good.
BTW, my status is still pending. The website updated the status late Friday afternoon, and changed it from "Request for more evidence sent" to "Evidence received, and processing resumed".
I even had my manager call the USCIS service center for a status update, where he was spoken to rather rudely and curtly by the visa officer. The officer just stated that they have received the documents we sent, and will be processing the application. He also said that the website does not get updated regularly or instantly. Rather, the flow of things would be like this :-
Application adjudicated, E-mail sent to Petitioner, Mail sent to petitioner, Status updated.
I am still hoping that my new company atleast gets the approval e-mail before I leave.
And since I don't have a valid visa anyways, I will be relying on this approval to get my visa stamped.
Thanks for all your help.
Thanks to all who responded and viewed my post.
I am still in the US, I had to reschedule my travel plans, which leaves me very little time for the event. But atleast, I have the satisfaction that I gave it my best shot.
On the plus side, I get to stay back for a couple more days, so that's good.
BTW, my status is still pending. The website updated the status late Friday afternoon, and changed it from "Request for more evidence sent" to "Evidence received, and processing resumed".
I even had my manager call the USCIS service center for a status update, where he was spoken to rather rudely and curtly by the visa officer. The officer just stated that they have received the documents we sent, and will be processing the application. He also said that the website does not get updated regularly or instantly. Rather, the flow of things would be like this :-
Application adjudicated, E-mail sent to Petitioner, Mail sent to petitioner, Status updated.
I am still hoping that my new company atleast gets the approval e-mail before I leave.
And since I don't have a valid visa anyways, I will be relying on this approval to get my visa stamped.
Thanks for all your help.
more...
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mmeshref
12-02 07:06 PM
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
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kartikiran
08-17 05:24 PM
Recently(July 12th 2009) travelled from Hyd to JFK via Dubai on AP. No problems with the airlines. Had to clear the secondary inspection at JFK airport ala Shahrukh Khan...;)
Note, was using my AP for the 2nd time within an year travelling from India.
I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
Note, was using my AP for the 2nd time within an year travelling from India.
I just came back this afternoon (1:30 PM EST) via Dubai...Atlanta..from Chennai.. Just showed AP document and passport.. no questions asked...
Airline just verified AP at Chennai and Dubai to ensure I travel with valid documentation to USA.
sanjay02: Dependents may need to produce Primary Applicant's 485 receipt just incase they ask.. Not sure if it really matters as there is no primary or dependent on AP document mentioned.
Hope this helps!
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gene77
08-20 03:51 PM
I'm a Jul 02 filer and I received the 485 and 765 notices recently.
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
bump^^^^^^^
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
bump^^^^^^^
qplearn
09-10 10:31 AM
Bravo!
That is exactly what we want the house members to know. Our lives are on hold; my wife cannot work, and I cannot move!
Also, a BIG THANK YOU for distancing ourselves from the H1B quota issue that the industry is after. That will get us nowhere in the house that struck it down last time from their bill.
Keep up the good work!
qplearn
That is exactly what we want the house members to know. Our lives are on hold; my wife cannot work, and I cannot move!
Also, a BIG THANK YOU for distancing ourselves from the H1B quota issue that the industry is after. That will get us nowhere in the house that struck it down last time from their bill.
Keep up the good work!
qplearn
ragz4u
02-18 12:57 PM
I suspect there may be a backdoor to it
I don't think so....let me explain what happened when I moved from one state to another.
When I was in the state of Washington, they did not ask me for any document like H1 etc. This was 3 years ago. When I moved to PA (mid 2005)though, the DMV asked me for my H1 doc. The date of expiry was alright, but they had other problems.
Since I work for a consultancy firm based in NYC (and the client was in PA), they were not ready to even give me a license (since my employer was based in NY). I literally had to fight with the DMV manager to get my license. And yeah, he asked my employer to provide me a letter that said that I would be based in PA for next 3 years and what my income is (god knows what that has to do with my license)
I was fortunate that my consultancy firm was considerate and finally gave that letter to me even though the contract was initally only for 3 months. If they would not have given such a letter I would not have got a PA license and might have to go to NY to get a license from there!
But the DMV manager did explain to me that this was part of new regulations being implemented since last couple of years.
I have been through this and had to go to the DMV three times before I finally got my license.
And I endured all this while my H1 is still valid for a few years. Imagine the above if my H1 was valid for less than 1 year?
Why are we going through such a painful experience in spite of being 100% legal????
I don't think so....let me explain what happened when I moved from one state to another.
When I was in the state of Washington, they did not ask me for any document like H1 etc. This was 3 years ago. When I moved to PA (mid 2005)though, the DMV asked me for my H1 doc. The date of expiry was alright, but they had other problems.
Since I work for a consultancy firm based in NYC (and the client was in PA), they were not ready to even give me a license (since my employer was based in NY). I literally had to fight with the DMV manager to get my license. And yeah, he asked my employer to provide me a letter that said that I would be based in PA for next 3 years and what my income is (god knows what that has to do with my license)
I was fortunate that my consultancy firm was considerate and finally gave that letter to me even though the contract was initally only for 3 months. If they would not have given such a letter I would not have got a PA license and might have to go to NY to get a license from there!
But the DMV manager did explain to me that this was part of new regulations being implemented since last couple of years.
I have been through this and had to go to the DMV three times before I finally got my license.
And I endured all this while my H1 is still valid for a few years. Imagine the above if my H1 was valid for less than 1 year?
Why are we going through such a painful experience in spite of being 100% legal????
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