cdeneo
06-07 04:03 PM
Does anyone know what is going on with Sen Cantwell's amendment (1249) that was favorable to high skilled immigration?
miamikk
10-22 11:40 PM
I completed 6 years of H1B in Sept 2009 and my employer has filed for recapture of time and after recapture my H1B should expire on Jan 15, 2010. I have received Notice of Action from USCIS and I am not sure if I will get approval notice before Jan 15 as I heard the regular application process might take up to 6 months.
I have couple of questions:
If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
I really appreciate any suggestions.
I have couple of questions:
If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
I really appreciate any suggestions.
GC_1000Watt
10-12 05:24 PM
No offence dude. Take it easy. Thanks for sharing your experience. I guess US embassies in India are way strict than the one's in mexico and canada.
Btw I didn't deserved the red for my last post itsmeabby. Right?
Btw I didn't deserved the red for my last post itsmeabby. Right?
sac-r-ten
02-23 09:12 AM
hi anu,
are you going to upload the last thursday's call on the wiki page?
thank you
are you going to upload the last thursday's call on the wiki page?
thank you
more...
Libra
07-18 10:36 AM
My attorney says, they sent hundreds of applications and none of them returned. she says we dont have to refile, they are not going to send it back.
Guys,
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
Guys,
Can any one explain his comments,
"We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."
Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?
apahilaj
09-12 03:25 PM
thanks guys,
I'll wait this week and will give them a call next week.
I'll wait this week and will give them a call next week.
more...
belmontboy
01-08 12:49 PM
your wish is my command Master, what can I do for you?
USDream2Dust
06-14 09:52 AM
I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
Thanks in advance,
USDream2Dust
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
Thanks in advance,
USDream2Dust
more...
rockstart
10-07 01:16 PM
You were on dual status till Sep 30th which is AOS & H1B. From Oct 1st your H1B has expired but you are in country on AOS status. You have a valid EAD that will allow you to work. So no worries as far as status issue goes. I know many folks who have willingly let their H1B expire and moved to EAD.
If you need to move back to H1B it is possible your lawyer needs to file a Nunc Pro Tunc H1 application so that it is backdates to Oct 1st.
If you need to move back to H1B it is possible your lawyer needs to file a Nunc Pro Tunc H1 application so that it is backdates to Oct 1st.
STAmisha
11-17 12:51 PM
My lawyer thinks they have not even started looking at TR applications.
He told me that he will file RIR conversion. What exactly is the procedure?
He told me that he will file RIR conversion. What exactly is the procedure?
more...
texanguy
12-15 05:04 PM
Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...
retropain
08-18 02:05 PM
what do u mean go back in line? theyare supposed to be processed like that (LC processing is a different creature though)
more...
rick_rajvanshi
08-19 09:39 PM
Thanks everyone for replies.
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?
nashorn
12-12 02:47 PM
Hi,
I had one A# on my EAD (during OPT), as xxx-xxx-xxx, which was expired after OPT was end. Then, after I filed my I485 application, I obtained another A# showed on I-797C form, as Axxxxxxxxx. So I am quite comfused that which one is my current A#. Does A# change with our status? Thanks.
Alien # starts with A. The one your have is your A#, the one you had during OPT is not a A#.
I had one A# on my EAD (during OPT), as xxx-xxx-xxx, which was expired after OPT was end. Then, after I filed my I485 application, I obtained another A# showed on I-797C form, as Axxxxxxxxx. So I am quite comfused that which one is my current A#. Does A# change with our status? Thanks.
Alien # starts with A. The one your have is your A#, the one you had during OPT is not a A#.
more...
USDream2Dust
06-14 11:08 AM
Thanks for quick reply. I know that company can rent out but I am just betting for 1 year. That would give me some boost to pay part of mortgage. Later I would even manage on my own.
pitha
04-27 11:05 AM
I was watching an interview with John McCain on larry king live 2 or 3 days ago. Mccain said that an immigration bill would be introduced in the senate in a week or two which would focus on border security first, i am not sure what that means, focusiing on border security first, good or bad for us? would that mean our provisions will be moved to a later stage where border security is ratified first before anything can happen etc etc which is what anti-immigrants want.
does anyone know when CIR will be discussed in the house and in the Senate?
does anyone know when CIR will be discussed in the house and in the Senate?
more...
BharatPremi
12-05 04:46 PM
Here is a link to update your profile - you could pick a new state of residence.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
abhisam
01-08 12:03 PM
Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.
At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
We (immigrant community) will probably face more and more of these issues as long as we have retrogression.
Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.
radhay..i guess it differs from state to state. i was in a similar situation..h4 before and now working on EAD. i got my dirving license renewed in CA without any problem..just showed them my EAD card.
glus
10-15 11:16 AM
There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.
EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.
The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.
acecupid
08-15 10:35 AM
The article is not very clear. It sounds like this will cause more trouble than benefit us. The 485 filing will be based on PD after pre-registration is cleared, so people who were originally eligible to apply for 485, EAD and AP when PD is current will lose the EAD/AP benefits during pre-registration process.
chantu
02-29 02:18 PM
Well my employer applied for 140 on "some secret date", that he will not tell us :). So I don't know when he filed. I was under impression that he filed long time back almost a year back and it is approved. Suddenly, I received RFE at my home mail (I was surprised as well my employer..that how it arrived to my address) and I found that my I140 is in limbo state. But blessing in disguise was that now I have my I140 number and A# and I can track it online.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
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