martinvisalaw
08-18 12:46 PM
The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.
I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.
I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.
See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).
I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.
I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.
See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).
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JeffDG
01-19 08:05 PM
You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)
If they did, they could just invest and qualify for EB5!:)
If they did, they could just invest and qualify for EB5!:)
chem2
07-21 01:23 PM
i posted the following on another thread back about a month ago. hopefully it will help you. haven't recd any soft or hard luds since the fingerprinting, though.
-----------
guys, until yesterday, i was in the same boat as all of you.
i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).
finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.
-----------
guys, until yesterday, i was in the same boat as all of you.
i-140/485/131/765 concurrently filed with tsc in Aug 2007. recd receipt notices, ead and ap without any problems in oct and nov 2007, but no fingerprint notices. called uscis couple of times (didn't open any sr's though), got standard response- application is under review, you'll be sent notices as part of the review process, don't ask when.
asked lawyer why no biometrics and he said that a lot of their clients have not recd theirs, but they were starting to see some come through (this was back in feb 2008). i also asked lawyer if it was advisable to contact local congressman/ senator for help and he advised against it, apparently if your file is with an io and your congressman/ senator sends a query, uscis has a limited amount of time to respond and the file is typically pulled from the io (don't know if i believe this, but that was the line i was fed).
finally got fed up and contacted local congressman's office; no help there either, got canned response from tsc- we recd x million applications last july and august and are trying to work through them.
then last month, i asked my senator's office to find out what was going on. this time i got a reponse back from tsc saying that they would send out notices shortly, if they hadn't done so. lo and behold, a week after receiving the tsc response from my senator's office, both my spouse and i recd fingerprint notices, which we completed yesterday.
2011 As of summer 2008,
belmontboy
11-09 06:02 PM
Dr. Balkrishna Matapurkar, a surgeon at New Delhi's Maulana Azad Medical College, has pioneered a stem cell based technique for the regeneration of tissues and organs. He already holds a patent for this innovative technique. Incidentally, he is of view that embryonic stem cell research is one of the lost sciences of ancient India.
But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.
A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.
That would be the view of Dr BalKrishna Matapurkar.
There is no accepted literary evidence to support his views. If so, please point me to that
But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.
A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.
That would be the view of Dr BalKrishna Matapurkar.
There is no accepted literary evidence to support his views. If so, please point me to that
more...
Green.Tech
09-24 03:47 PM
GreenTech, that's a good question. I am considering to transfer to offices in Asia or Europe next year and then attend B-school in the US after 2 years. That way, once I graduate, I will also at least have the option to get another 6-year H1 in the US.
thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:
1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.
Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.
Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
Seba - It seems like you have done your research and thought this through. I wish you good luck in whatever you pursue. Please don't forget to support IV in its overall goal to make this GC process a 'sane' one!
thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:
1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.
Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.
Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
Seba - It seems like you have done your research and thought this through. I wish you good luck in whatever you pursue. Please don't forget to support IV in its overall goal to make this GC process a 'sane' one!
tikka
07-13 07:29 PM
Thanks GCard_Dream
Great Job! amitjoey...
added to your reputation..
Great Job! amitjoey...
added to your reputation..
more...
reachinus
10-31 10:20 AM
They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
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leo2606
09-24 03:42 PM
My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
more...
seahawks
07-02 12:07 AM
Guys,
Can some read the SOP in the above quote and figure out what they are trying to say?
I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
Wait until my attorney gets back to me
Go for the FP and probably explain to them and see if anything can be done.
Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.
Can some read the SOP in the above quote and figure out what they are trying to say?
I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
Wait until my attorney gets back to me
Go for the FP and probably explain to them and see if anything can be done.
Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.
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srikondoji
01-25 06:53 PM
When decision making people or people at the top talk, then i believe there is a sense of realization about us.
Atleast this should provide an easy opening of our case with top leaders.
I am not saying that is it, they are dispatching GCs through Fed-Ex?
If they did, i would be really surprised.
Atleast this should provide an easy opening of our case with top leaders.
I am not saying that is it, they are dispatching GCs through Fed-Ex?
If they did, i would be really surprised.
more...
gc_kaavaali
06-14 02:04 PM
Do not worry too much if your sister is innocent. Tell your family and sisters also. Keep faith. Investigation will be honest. Nothing will impact (including GC) if your sister is innocent.
Hi Friends,
This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.
Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.
My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
We know she is genuine and did not do anything but my question is any problem in green card process?.
How to prove my sister is not commited such kind of activity. Please try to help me on this
Thanks
Ramkrishna
Hi Friends,
This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.
Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.
My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
We know she is genuine and did not do anything but my question is any problem in green card process?.
How to prove my sister is not commited such kind of activity. Please try to help me on this
Thanks
Ramkrishna
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edaltsis
11-12 10:26 AM
One of my friends got his H1 Transferred w/o pay stub. It depends on the lawyer, some can manage to get this done and it also depends on USCIS officer who deals your case. Try to hire a good lawyer and they should be able to help you out.
more...
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olddutch
10-27 02:57 PM
Sent H1B extension papers on Oct. 16th under Premium Processing to VSC.
Got e-mail on Oct. 24th that it got transferred to CA and a decision will be made within 15 days.
On Oct. 26 online status showed that this case has been approved. Also got e-mail the same day regarding the approval.
Hope this information helps.
Good Luck to everyone!
Got e-mail on Oct. 24th that it got transferred to CA and a decision will be made within 15 days.
On Oct. 26 online status showed that this case has been approved. Also got e-mail the same day regarding the approval.
Hope this information helps.
Good Luck to everyone!
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eb3_nepa
04-13 08:41 PM
The following doc, 'How the senate bill becomes a law' does not mention any waiting period after President's sign the bill to become a law
http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf
My point exactly.
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf
My point exactly.
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
more...
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looivy
12-03 03:24 PM
Thanks for the update. I have an appointment at Nogales in mid-Dec.
Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
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voldemar
03-19 09:33 AM
I-140 withdrawal is not mandatory but it's good for both - employer and employee. Check other threads when approved I-140 was revoked on Ability to Pay issue when USCIS added together all pending I-485 for the company. If you use AC21 to change employer and previous employer withdraw approved I-140 you are safe to go.
more...
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newbie123
11-21 02:25 AM
I have similar question as the last one from bhayzone.
+ Myself on H1-B and wife on H4.
+ Both visas are expired now. Have got the new I797s (new expiry in 2011) and planning to go to India in Jan 2010 to get the new visa stamps.
+ But we are planning to apply for my wife's F1 visa instead of renewing her H4.
+ I have my got my I140 approved.
So my question is -
+ Can we schedule our visa interview appointment together - me for H1-B stamping and my wife for F1 stamping?
+ Is it risky to go together?
+ If for some reasons, my wife's F1 application gets rejected, will there be any problem in again applying for her H4 renewal/stamping?
Will appreciate any/all advice.
Regards,
N.
+ Myself on H1-B and wife on H4.
+ Both visas are expired now. Have got the new I797s (new expiry in 2011) and planning to go to India in Jan 2010 to get the new visa stamps.
+ But we are planning to apply for my wife's F1 visa instead of renewing her H4.
+ I have my got my I140 approved.
So my question is -
+ Can we schedule our visa interview appointment together - me for H1-B stamping and my wife for F1 stamping?
+ Is it risky to go together?
+ If for some reasons, my wife's F1 application gets rejected, will there be any problem in again applying for her H4 renewal/stamping?
Will appreciate any/all advice.
Regards,
N.
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fromnaija
07-11 06:31 PM
I am not sure if my previous employer will support, even i am not sure if they have sent a I-140 cancellation request to USCIS.
Can i file 485 through my current employer based on previously approved I-140 as my current I-140 has priority date recapture request.
If your former employer will not support your GC application and you are not even sure if they already cancelled your 140, then you CANNOT file 485 based on that 140.
As chennai already advised you may have your 140 premium processed.
However, reading back your origiinal post I don't think you can file 485 until your new 140 is approved since you are porting PD. So your PD must be ported to the new 140 successfully and the PD current before you can submit 485. Sorry for the initial confusion.
Can i file 485 through my current employer based on previously approved I-140 as my current I-140 has priority date recapture request.
If your former employer will not support your GC application and you are not even sure if they already cancelled your 140, then you CANNOT file 485 based on that 140.
As chennai already advised you may have your 140 premium processed.
However, reading back your origiinal post I don't think you can file 485 until your new 140 is approved since you are porting PD. So your PD must be ported to the new 140 successfully and the PD current before you can submit 485. Sorry for the initial confusion.
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ujjvalkoul
01-18 01:24 PM
Just got email from Buffalo Can Immi Office - Just the Principle applicant needs to take the IELTS test.
sobers
07-14 03:10 PM
alabaman
lame duck period is after nov 2006 till jan 2007 when the 110th congress is sworn in.
lame duck period is after nov 2006 till jan 2007 when the 110th congress is sworn in.
matreen
09-05 05:40 PM
Please don't give incorrect answers.
All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.
The main difference in these corp types are
1. How much record keeping is done
2. The way taxes are computed and filed with IRS
3. The kind of expenses allowed to deduct
4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.
For S-Corp, the shareholders must be Permanent Resident or US Citizen.
I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.
____________________________________
Proud Indian American and Legal Immigrant
Thanks, nice reply.
Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?
If I go with C-Corp, shall I liable to $800 as well, any ideas??
What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.
Thanks in advance.
All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.
The main difference in these corp types are
1. How much record keeping is done
2. The way taxes are computed and filed with IRS
3. The kind of expenses allowed to deduct
4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.
For S-Corp, the shareholders must be Permanent Resident or US Citizen.
I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.
____________________________________
Proud Indian American and Legal Immigrant
Thanks, nice reply.
Question: I am on EAD and inovked AC21 and working with new employer. I am planning to register a company confused which one to go with LLC or C Corp., by the way I live in California, San Jose. I heard that if you register a LLC in California every year you have to around $800 tax fee, weather you do a business or not, is it true?
If I go with C-Corp, shall I liable to $800 as well, any ideas??
What is the deference between LLC and C-Corp? I know every state has deferent laws but I would appreciate if someone can answer my questions from California state.
Thanks in advance.
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