Ann Ruben
01-24 05:18 PM
Unfortunately, you are now out of status, and you are no longer authorized to work. Your employer can file a new petition for you, but because you are not in legal H1 status, you are not entitled to an extension of H1 status. The same is true if a new employer files an H1 petition for you. In either case, you will have to leave the US, get a new H1 visa stamped in your passport and re-enter the US using that visa in order to regain legal H1 status with authorization to work.
Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.
Ann
Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.
Ann
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cygent
02-24 01:08 AM
Some folks may have got away with it, the chance is low for an audit particularly if you earn <100k/yr. Do the research yourself independently. The conclusion will be that you CANNOT deduct these expenses. For TAX purposes Immigration has nothing to do with your work.
In addition for I-485, your EMPLOYER does NOT have to pay for it at all, since it based on the individual. I am am sure many of us have got into trouble because our "friends" or "relatives" have told us things just because they heard from other "FRIENDS" or "RELATIVES". I know of enough cases myself.
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
In addition for I-485, your EMPLOYER does NOT have to pay for it at all, since it based on the individual. I am am sure many of us have got into trouble because our "friends" or "relatives" have told us things just because they heard from other "FRIENDS" or "RELATIVES". I know of enough cases myself.
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
Dandruff
02-11 09:55 AM
Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.
Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
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GCFrenzy
05-19 12:42 PM
Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).
Tell them you have to continue your job in India after the business discussions in USA.
Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.
just one cent info....
more...
pkv
09-13 01:17 PM
What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
1. Capture lost Visa numbers
2. Get rid of country quota.. how does this country based quota makes sense in EB Category??
rolrblade
07-27 04:00 PM
Not entirely true..
Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.
There are a few things to see if what your lawyer did was correct:
1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf
2) Your company has your facsimile signatures or signature stamps.
this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.
In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.
Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.
There are a few things to see if what your lawyer did was correct:
1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf
2) Your company has your facsimile signatures or signature stamps.
this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.
In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.
more...
sac-r-ten
03-29 01:03 PM
Sorry about your situation. Its really sad with kids here. I would say submit whatever letter vendor's providing. If that doesn't work, then client needs to force the vendor/employer to give copy of the contract/SOW.
hope you get its resolved soon and get back to your family.
thank you.
hope you get its resolved soon and get back to your family.
thank you.
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Raju
06-13 08:59 AM
I am currently on OPT but it expires in three weeks. I will be forced to go back to F1 status since H1B was real bad this year.
My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??
CAN SOMEONE PLEASE HELP??!!
Yes you can.
My question is: If I go back to F1 status and then find a research position at a non-profit org/institute of higher education, is it possible for me to file for H1B being on student status??
CAN SOMEONE PLEASE HELP??!!
Yes you can.
more...
priderock
03-27 09:55 AM
It is truly amazing how people give advise on legally sensitive issues without verifying the facts. People go to the lengths of suggesting work off the books in an open forum (Admin was right to cut him/her off right away).
It is always good idea to consult a lawyer on these matters. You may be breaking the law unwittingly.
AFAIK (I am not a lawyer, consult a lawyer) , you can't work even for free if that job is NOT usually done for free. For example you can't work as a developer for a software development company for free.You may call it volunteer work but it has to be truly volunteer work, meaning others also do this work as volunteers.
It is always good idea to consult a lawyer on these matters. You may be breaking the law unwittingly.
AFAIK (I am not a lawyer, consult a lawyer) , you can't work even for free if that job is NOT usually done for free. For example you can't work as a developer for a software development company for free.You may call it volunteer work but it has to be truly volunteer work, meaning others also do this work as volunteers.
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Rockford
07-17 02:11 PM
Excerpt from Gregs blog and comments :(
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
Guys take it for what it is worth. I am off to work.... :)
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
Guys take it for what it is worth. I am off to work.... :)
more...
rajuram
11-08 11:54 PM
According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
June filers 75k
July - 25k
August 200k
Sept 150k
Oct 50K
Total = 500k
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf
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chicagobuddy
05-25 01:02 PM
thanks dude..
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
more...
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haider420
06-12 07:53 AM
PLEASE HELP ME OUT!!!!
i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
-my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
-how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
-if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??
i could not file for the H1B this year and now i am trying to get a job at a non-profit org.
-my OPT expires 1st of week of July, is there a deadline for me to apply for H1B through non-profit?
-how long will the premium processing take and where can find all the necessary information (requirements etc.) to apply for this?
-if my OPT expires and i transfer to F1 can i still apply for H1B through non-profit org while I am on student visa??
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rockets12345
10-29 09:54 PM
Hi,
I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.
As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.
My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.
Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.
Any feedbacks are appreciated.
Thanks
I got my EAD one day before my H1 expiration. What do I need to do if I want to work on EAD and what form do I need to fill and provide to my employer. As currently my Attorney messed up my H1 status. He sent my H extension to a wrong service center i.e. California and they sent the application back saying they no more process H extensions and we need to apply to a different service center i.e. Vermont. My H expired on 10/11/07 and my Attorney received the H documents back from California Service Center on 10/26/07.
As I asked my Attorney to send the H extension to the right service center with a proof of that he applied on time but was sent to the wrong Service Center. As I don't want to abonden my H status.
My only worries are what if H extension is not approved in that case what will happen to my 485 and EAD i.e. valid from 10/10/2007-10/09/2008. What will be my options then. As I don't want to take any chances specially at this stage. Please advice what to do in this case as my Attorney looks like is not that smart.
Need some advice as to should I just start working on EAD and not wait for the H extension response or should I wait for the response.
Any feedbacks are appreciated.
Thanks
more...
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leo2606
09-24 03:50 PM
Any thoughts
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lecter
March 15th, 2004, 05:18 PM
Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
Gary
gee they'd want to be close.
Gary
gee they'd want to be close.
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prem_goel
01-13 06:59 PM
Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
And please guide me on things to keep in mind while going for stamping.
Thanks.
Servicio de Informaci�n de Visas de Estados Unidos en M�xico (http://www.usvisa-mexico.com/mex/index.jsp?locale=es_MX)
i didn't remember but it took me 4 seconds after i googled it. Most of the info is available online. Please do try once there too before you post.
And please guide me on things to keep in mind while going for stamping.
Thanks.
Servicio de Informaci�n de Visas de Estados Unidos en M�xico (http://www.usvisa-mexico.com/mex/index.jsp?locale=es_MX)
i didn't remember but it took me 4 seconds after i googled it. Most of the info is available online. Please do try once there too before you post.
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aamchimumbai
12-08 12:16 PM
Vik352,
I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?
In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.
But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.
Anyone in similar situation?
Thanks.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?
In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.
But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.
Anyone in similar situation?
Thanks.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
hairstyles Sister
mrdelhiite
08-07 09:30 AM
I have already filed on July 2nd.
i am sending my spouse's in the next few days.
I am doing:
i-485 - $ 325 + $70
i-131 - $170
i-765 - $180
using FEDEX delivery
to the following address:
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
If anyone think that I am wrong, please correct me.
Can you share the list of docs u are adding to her application ? Also where are u based and is there a reason why u selected TX ?
-M
i am sending my spouse's in the next few days.
I am doing:
i-485 - $ 325 + $70
i-131 - $170
i-765 - $180
using FEDEX delivery
to the following address:
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
If anyone think that I am wrong, please correct me.
Can you share the list of docs u are adding to her application ? Also where are u based and is there a reason why u selected TX ?
-M
reddy_h
01-07 10:18 PM
Always use current valid passport in all your future applications.
ItIsNotFunny
12-02 01:34 PM
Imagine if someone has a cancer and he goes to a doctor and doctor tries all kinds of medicines and it does not work. He does get some relief in the pain though. So do you think the patient should ask for refund for all the money spent?
Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.
Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?
You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.
Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.
Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?
You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.
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