Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
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go_guy123
03-01 11:40 PM
I am in the same boat as you. I landed in Sep 2006 and have valid Canadian PR till Sep 2011. My 3 year expiry is nearing. And I am really confused with my EB3 India 2004 PD in retro. But also I have gotten married and not applied my wife on my Canadian PR at all. So that is another problem. I intend to voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife this year as US H1B and GC process rules with USCIS is getting weirder by the day.
Also you can absolutely without any problem go and stay for next two years (730 days) before your first PR card expires even though you were out of Canada or were never resident there for first 3 years and retain your Canadian PR status. I know it for sure.
what do mean by "voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife "
To apply for your spouse you need to fine a family based immigration for your wife
The rules have be tightened now. Are you aware of that. So you may not qualify the seocnd time. Also the second time they wont give you the PR
There was a major change in the visa rule in Feb 2008
The setence "visa ficer shall" was changed to "visa officer may"
http://www.cba.org/CBA/sections_Cship/pdf/08-24-eng%5B1%5D.pdf
Also you can absolutely without any problem go and stay for next two years (730 days) before your first PR card expires even though you were out of Canada or were never resident there for first 3 years and retain your Canadian PR status. I know it for sure.
what do mean by "voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife "
To apply for your spouse you need to fine a family based immigration for your wife
The rules have be tightened now. Are you aware of that. So you may not qualify the seocnd time. Also the second time they wont give you the PR
There was a major change in the visa rule in Feb 2008
The setence "visa ficer shall" was changed to "visa officer may"
http://www.cba.org/CBA/sections_Cship/pdf/08-24-eng%5B1%5D.pdf
puzon23
02-12 10:56 AM
To Whom It May Concern:
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
My H1B expires in July 2010 so I would have to start the PERM process now. In this current economic downturn it seems that it will be extremely difficult to get PERM certified. I also have a Permanent Residence to Canada. My current US employer would be willing to let me go to Canada for 1 year (and work for him remotely) so my H1B clock resets and then reapply for a fresh 6 years of H1B after I came back.
What would be your advice: go to Canada and wait 1 year and then come back on H1B and apply for GC once things get better or risk it now and start PERM in this time? Please note that I live in New York City so it is even harder to get PERM as there are so many people here. I would like to apply in EB2 category.
Please advise.
Thank you so much for your time!
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jasmin45
08-18 12:14 PM
EAD is not a valid status..just a document which provides you authorization to work in united states.
There isn't much information on your post to see what fees are you talking about you may have to break it down and see what is it all about.
There isn't much information on your post to see what fees are you talking about you may have to break it down and see what is it all about.
more...
rb_248
09-05 03:37 PM
No. If you receive the CPO email, then approval is guaranteed, whether the online status changes or not. For some people, including my two dependants, there was neither the CPO email nor the status change, but the cases got approved.
That's exactly what happened to our AP cases last year. No online updates but, got the APs in the mail.
That's exactly what happened to our AP cases last year. No online updates but, got the APs in the mail.
H1Girl
05-08 02:30 AM
Hi,
...
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Yes soft update on 05/04 (TSC). No status change or anything...
...
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
Yes soft update on 05/04 (TSC). No status change or anything...
more...
arnab221
10-29 03:11 PM
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Right.. Here they go again . I heard "ENFORCEMENT ONLY" Bills from the past 2 years now . The White House has a "NO MATCH" rule which was exactly like the SAVE :D Act ( How do they come up with these names ) ? The NO MATCH rule was blocked 2 times in a row by US Judges . I wonder why do they waste time drafting these non starters. Waste of paper and Printer ink is at the most that these Bills go to .. "SAVE" the trees at least .
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Right.. Here they go again . I heard "ENFORCEMENT ONLY" Bills from the past 2 years now . The White House has a "NO MATCH" rule which was exactly like the SAVE :D Act ( How do they come up with these names ) ? The NO MATCH rule was blocked 2 times in a row by US Judges . I wonder why do they waste time drafting these non starters. Waste of paper and Printer ink is at the most that these Bills go to .. "SAVE" the trees at least .
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shana04
11-05 01:49 PM
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
more...
rti25
11-15 10:06 AM
Thank you guys all for your response.
as you told,i thought i can wait untill 6 months before its date of expiry to renew my card.
thank you all
as you told,i thought i can wait untill 6 months before its date of expiry to renew my card.
thank you all
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tictac
09-08 10:32 AM
Dear All:
Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.
Thanks in advance.
Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.
Thanks in advance.
more...
sanju
04-19 10:59 PM
can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?
Googling around, and am not able to find anything...
Nothing went wrong with SKIL bill. Neither did SKIL bill fail. We computer programmers think that the world is built around Boolean logic 1/0, true/false, pass/fail, right/wrong. In politics most of the stuff is "in-between".
Every year many bills get introduced and only a small faction (less than 2%) are taken up for discussion/vote in the congress. Some bills pass in one house and are not taken up in the second house of the congress. Some bill pass both houses but they do not go to conference committee. A bill could be termed as “failed” if it has been voted down a majority vote in at least one house of the congress.
Last year (just like this year) key lawmakers wanted to pass a comprehensive immigration reform bill which means, everything related to immigration subject will be done in one bill. So SKIL bill was introduced but it could not be scheduled for discussion and vote in the congress. ‘Introducing” a bill simply means that a bill was registered with the one house of the congress and a bill number was allocated to that bill, that’s it. It is then the job of the majority leader in the Senate and Speaker of the House to put the bill in the calendar/schedule for discussions and, up or down vote. SKIL bill was never put on the schedule of either of the two chambers of the congress. Most articles suggested that if the SKIL bill was put on schedule all by itself, this bill would have easily passed with the majority vote. But key lawmakers did not want a separate bill for each category. They want a comprehensive bill which includes reforming employment based, nurses, family based, diversity lottery, refuges, undocumented and anything “immigration” under the sun. That is why SKIL was never discussed and voted on the floor of the congress. SKIL bill was made of the comprehensive immigration bill S.2611 that passed the Senate last year. So SKIL bill was passed by the Senate. Then there were drastic differences between the House and Senate version of the immigration bill. House version of the immigration bill border wall and enforcement only bill and House majority leadership was not ready to do any negotiations on the bill passed by the Senate. By July-August of 2006, Republican leadership decided to use “immigration” as an election platform to energize their base. So they did not want to take up a bill to fix the problem. Republican leadership in the House wanted the issue to be there so that they would go back to their base and scare voters with the “illegal alien” election platform. So in the end nothing happened. After the elections, after Republicans lost the majority in the House and the Senate, Republicans lost the need/leadership to address the immigration issue and Democrats announced to address this in the 110th Congress so that they could take up the credit for solving the problem. So for all practical purposes, nothing actually happened on immigration issue or SKIL bill.
This year too, SKIL bill is very unlikely to go anywhere all by itself. We all have to wait for the compressive immigration reform bill to pass or die. No one knows by when comprehensive bill could be considered as dead this year. Several times I have talked with my congressman’s office and they have told me that SKIL could be considered by itself only if key lawmakers know that comprehensive immigration bill is no longer possible. They never fail to add that this is a pure speculation and no one can predict how it will all unroll and we just have to wait for the things to happen in next few months. Sometimes they have also said that if comprehensive bill fails, there may not be any bill till 2009. My congressman’s office did say that we should continue to talk to other lawmakers to tell them about our problems and a need for an immigration bill.
Hope this answers your question.
Googling around, and am not able to find anything...
Nothing went wrong with SKIL bill. Neither did SKIL bill fail. We computer programmers think that the world is built around Boolean logic 1/0, true/false, pass/fail, right/wrong. In politics most of the stuff is "in-between".
Every year many bills get introduced and only a small faction (less than 2%) are taken up for discussion/vote in the congress. Some bills pass in one house and are not taken up in the second house of the congress. Some bill pass both houses but they do not go to conference committee. A bill could be termed as “failed” if it has been voted down a majority vote in at least one house of the congress.
Last year (just like this year) key lawmakers wanted to pass a comprehensive immigration reform bill which means, everything related to immigration subject will be done in one bill. So SKIL bill was introduced but it could not be scheduled for discussion and vote in the congress. ‘Introducing” a bill simply means that a bill was registered with the one house of the congress and a bill number was allocated to that bill, that’s it. It is then the job of the majority leader in the Senate and Speaker of the House to put the bill in the calendar/schedule for discussions and, up or down vote. SKIL bill was never put on the schedule of either of the two chambers of the congress. Most articles suggested that if the SKIL bill was put on schedule all by itself, this bill would have easily passed with the majority vote. But key lawmakers did not want a separate bill for each category. They want a comprehensive bill which includes reforming employment based, nurses, family based, diversity lottery, refuges, undocumented and anything “immigration” under the sun. That is why SKIL was never discussed and voted on the floor of the congress. SKIL bill was made of the comprehensive immigration bill S.2611 that passed the Senate last year. So SKIL bill was passed by the Senate. Then there were drastic differences between the House and Senate version of the immigration bill. House version of the immigration bill border wall and enforcement only bill and House majority leadership was not ready to do any negotiations on the bill passed by the Senate. By July-August of 2006, Republican leadership decided to use “immigration” as an election platform to energize their base. So they did not want to take up a bill to fix the problem. Republican leadership in the House wanted the issue to be there so that they would go back to their base and scare voters with the “illegal alien” election platform. So in the end nothing happened. After the elections, after Republicans lost the majority in the House and the Senate, Republicans lost the need/leadership to address the immigration issue and Democrats announced to address this in the 110th Congress so that they could take up the credit for solving the problem. So for all practical purposes, nothing actually happened on immigration issue or SKIL bill.
This year too, SKIL bill is very unlikely to go anywhere all by itself. We all have to wait for the compressive immigration reform bill to pass or die. No one knows by when comprehensive bill could be considered as dead this year. Several times I have talked with my congressman’s office and they have told me that SKIL could be considered by itself only if key lawmakers know that comprehensive immigration bill is no longer possible. They never fail to add that this is a pure speculation and no one can predict how it will all unroll and we just have to wait for the things to happen in next few months. Sometimes they have also said that if comprehensive bill fails, there may not be any bill till 2009. My congressman’s office did say that we should continue to talk to other lawmakers to tell them about our problems and a need for an immigration bill.
Hope this answers your question.
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quizzer
11-10 02:22 AM
Hello,
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
Can you tell me ur dates:
I140 RD
RFE received date?
final approval date?
Service center?
Thanks
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
Can you tell me ur dates:
I140 RD
RFE received date?
final approval date?
Service center?
Thanks
more...
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sathishkrish
07-23 08:54 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
If your job description has changed progressively, then it should be OK. What I mean is - If you are a developer and later became a senior developer then its acceptable I presume.
I dont know what else to say as far your situation is concerned - Good Luck!
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mambarg
07-26 12:16 PM
Why dont you try to file it yourself ?
Just get employment letter from HR and not legal !!! and do it yourself.
Just get employment letter from HR and not legal !!! and do it yourself.
more...
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ss777
10-07 03:05 PM
I too got transfer mails in April 2008. TSC to NSC to TSC. But when I last checked at infopass they said its at NSC. In April 2009, my approved I-140 is also transferred from TSC to NSC. Last month when I checked at infopass, they said 140 is in "Transit".
Dont know how and where it will end up?
Dont know how and where it will end up?
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SSSarkar
06-23 09:23 AM
My lawyer have said that I need to submit last year's tax return.
Are you sure you have to submit the tax forms for filing I-485?
Are you sure you have to submit the tax forms for filing I-485?
more...
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masala dosa
08-31 06:36 AM
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
Can someone tell what happens if in a similar situation one takes a ONE YEAR sabbatical to puruse educatin abroad.
for exampe MBA from INSEAD
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sundevil
07-05 04:52 PM
You are right. There are days I feel like writing to Durbin, Grassley or Sanders about this practice because few of all the 350K odd BEC LCs are out there for taking by these a**h**s. I have always wished that one day all these approvals get dug out and financials behind them investigated. I wouldn't be too sad to see all these guys behind bars and their GCs revoked.
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
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lskreddy
08-14 12:05 PM
all the best to you! If you are serious about this, then you may want to go easy on visiting iv and start checking out: http://www.r2iclubforums.com/forums/
I spend a few good hours a week on that site. :-)
Some of the writings are pretty motivating...
I spend a few good hours a week on that site. :-)
Some of the writings are pretty motivating...
lacrossegc
07-30 07:34 PM
USCIS admits to AILA that the forms effective date is wrong ....
http://blogs.ilw.com/gregsiskind/2007/07/uscis-admits-i-.html
http://blogs.ilw.com/gregsiskind/2007/07/uscis-admits-i-.html
immiindi09
01-12 01:33 PM
Can you pls provide me more information, I am on the same boat.
How can I file online for EAD and AP renewal.
Which documents I need to send if I am sending filled forms.
How can I file online for EAD and AP renewal.
Which documents I need to send if I am sending filled forms.
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