Canadianindian
07-22 06:34 PM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
meridiani.planum
06-19 03:54 PM
Hi,
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
She cant file her 485/EAD/AP if the spouse's PD is not current.
her only option if she wants to work is filing her own H1. Until she changes status to her own H1, husband cannot use EAD (he needs to maintain H1 so she has H4 status).
However he *CAN* change jobs using AC-21, the new employer must sponsor his H1, he cant join on EAD. You dont HAVE to use EAD to switch jobs using AC-21, switching on H1 is also ok.
saxx
07-21 12:58 AM
Well every website i've went to thats fully made in silverlight runs at a crawl in firefox, and plus it just seems like a flash copy minus the good parts, and tacking on some lame stuff that i don't like :)
wandmaker
11-22 12:28 PM
She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.
Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.
Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.
more...
reddysn
06-11 04:28 PM
hello Cool . Do you think he deserve the title fool for his mistake
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
number30
10-26 12:14 PM
Hi,
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.
Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.
I am currently working on EAD and my Priority date is May 2007. I was wondering if I get a job in a US company which allows me to stay in india and work for them on regular employment under inter office transfer, Can i still work on EAD and be aligible for my GC?
Will there be any limit on how long can I work from out side of US, if I can?
is there any other legal formality i should fulfill in order to work for US company from out side of US and continue with my GC Process?
Any help is appriciated,
Thanks,
Mickey
Where will they pay your Salary? If they are paying you in India You do not need EAD Usually if you are working out side US you do not need any kind of authorization from US. You need to get the authoization from country where you will be working.
Your GC process can continue here. For Re-entry purpose keep your AP current or H1 status current with the employer. So that you can back once your green card is approved.
more...
bskrishna
08-10 11:02 PM
PD may 23 06
martinvisalaw
04-19 02:43 PM
Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the past. However, your past locations are relevant in showing whether or not you maintained H-1B status, and can also suggest that the employer's labor cert for one specific location is incomplete, if it traditionally moves employees around. Good luck.
more...
va_dude
05-04 11:08 AM
wow.... interesting post.
thanks.
i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.
Got to send this to my attorney and get her input.
thanks.
i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.
Got to send this to my attorney and get her input.
gapala
03-02 05:18 PM
Here is the abstract of the paper....
Abstract:
These returnees contributed to the tech boom in those countries and arguably spurred the growth of outsourcing of back-office processes as well as of research and development.
This hits right on the bulls eye. This actually truned disastrous in the long run and may very well continue to pull down the objectives of 21st century american competitiveness, unless they do something drastically different to attract and retain the talent.
Given the tax payer stimulus, which is only going to create 3 million blue collar workers and may be a state of the art infrastructure, which already is, will add fuel to fire and the bubble/boom will be visible only in different side of the earth. Its unfortunate, but highly possible as many trend analysts like Celente predicts.
Abstract:
These returnees contributed to the tech boom in those countries and arguably spurred the growth of outsourcing of back-office processes as well as of research and development.
This hits right on the bulls eye. This actually truned disastrous in the long run and may very well continue to pull down the objectives of 21st century american competitiveness, unless they do something drastically different to attract and retain the talent.
Given the tax payer stimulus, which is only going to create 3 million blue collar workers and may be a state of the art infrastructure, which already is, will add fuel to fire and the bubble/boom will be visible only in different side of the earth. Its unfortunate, but highly possible as many trend analysts like Celente predicts.
more...
sunnymit
05-24 09:20 AM
Nobody wants to 'predict'? Or people are interested only in seeing the real data!
I guess everyone is just tired of making wrong guesses...
I guess everyone is just tired of making wrong guesses...
Hermione
09-20 01:42 PM
And what is the message again? You are leagal and highly skilled? Good for you! Now I am going to go and attend to more urgent matters.
The message should be a call for action and it should be shorter.
Raise EB quotas! Exempt derivatives from quotas!
That would qualify as a message in my mind. It's positive, it's actionable, and it is clear.
The message should be a call for action and it should be shorter.
Raise EB quotas! Exempt derivatives from quotas!
That would qualify as a message in my mind. It's positive, it's actionable, and it is clear.
more...
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!
sts_seeker
02-07 01:11 PM
you are the kinda guy who is screwing up everyone by filing unnecessary labors, too many I140 and clogging the system for genuine people. Shame on you.
more...
LookingForGC
03-08 12:31 PM
Congrats. Glad to know.
Flash-Matic
10-28 10:46 PM
good thing i brought an umbrella :)
more...
ssd213
02-25 04:53 PM
Bear in mind the following
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)
For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)
das0
12-17 06:36 PM
Thank you.
Somone in the forum said AC21 memo can trigger a RFE, if I was laid off.
So should i take risk to not filing AC-21 or just file AC-21 with the new employment info?
Please advise
Somone in the forum said AC21 memo can trigger a RFE, if I was laid off.
So should i take risk to not filing AC-21 or just file AC-21 with the new employment info?
Please advise
GCNirvana007
08-22 03:06 PM
Yes, am close.. Nov 17, 2003 Eb2 and waiting for sept 1st :) Had an interview last month
You def should get come Sept 1st
I still dont see anyone within Octo 1st 2003, thats really cool
You def should get come Sept 1st
I still dont see anyone within Octo 1st 2003, thats really cool
24fps
02-24 07:20 AM
It's going to get worse from here, atleast the good thing is people who are "breaking" the laws or working through loopholes will sober up and it might turn out to be a goodthing
as long as existing rules are followed it should be ok, the problem will arise if the protectionists come up with absurd compliances, hopefully there will be a balancing act that follows and works out for the better of the system.
as long as existing rules are followed it should be ok, the problem will arise if the protectionists come up with absurd compliances, hopefully there will be a balancing act that follows and works out for the better of the system.
mwin
12-05 04:03 PM
One of my friends with his April, 2004, EB3 PD got his 485 approved.
No wonder they usedup 30% of Visas.
No wonder they usedup 30% of Visas.
