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amitjoey

02-01 04:45 PM

Congrats!

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CRAZYMONK

07-26 09:34 AM

I don't think the 2 question is valid as the GC is for future employment.

Hello,

If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...

1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?

If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.

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qualified_trash

11-15 01:27 PM

you have a expired I-94 and a h1B which is valid

How can you have an expired I94 and valid H1B? It is technically not possible.

When your H1B expires when you are in the US and you apply for an extension of the H1B along with an extension of the stay of the person(s) since they now hold this status, you get a I797 where the right bottom part is your NEW I94. You are supposed to staple this to the old I94 in your passport and surrender the same when you fly out of the country to a non contiguous territory

That is how you were able to travel!!!!!!!

As for Automatic revalidation here is the link to the State Dept site:
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

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dealsnet

07-24 12:44 PM

If your appeal for I-140 & I-485 in process, you are legal, and if you have unexpired EAD, you can work.

If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
WHAT IS YOUR LAWYER'S OPINION ???
I have question Need Urgent reply

I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial

my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.

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satishku_2000

02-21 01:09 PM

I saw that in morning , trust me its one of those things I do on my laptop everyday in the morning.

I try to access the page now and it shows the old one ...hehe :mad: ..

Hopefully they are in the process of correcting/retracting ...

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Green.Tech

09-16 03:37 PM

Will call the rest during my next break :)

Thanks abqguy!

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nixstor

06-28 11:00 PM

Knock Knock

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Soul

06-14 07:02 AM

Haha :beam:

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h1-b forever

04-22 08:33 AM

small correction:
president is not a member of the congress and neither are the judges (separation of powers)


you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.

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hebbar77

09-20 10:03 PM

Atleast we see the green card at a distant horizon. People who want to start with PERM now are told by a lawyer that it might take a year for PERM alone, and upto 8 years before they see the CARRRRRD.

I just got my EAD. I will assume its my GC.

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wahwah

09-27 01:19 PM

what you're describing is day trading but you will only catch the eye of the IRS ONLY if you're making $50K of above in profits or you're buying and selling $100K of shares in short period of time....in other words, any amt that is more than your salary.

buying and selling shares 10 times a day in small cash amounts will not be an issue. if you get audited IRS may only wonder if you're really working for your employer becoz you can't have that much time in your hands if you're really working a full time H1b job.

i have traded stocks for several years regularly in large amounts - singular trades sizing up to $20k. Though i've been fined by the IRS in the amt. $11K for not paying enough taxes on capital gains but have never been audited. ..touch wood.

i guess the bottom line is that if you're trading well below your salary level and are not making obscene profits disproportionate to your salary...you should be fine.


Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.

Thanks!
Shishya

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vikramy

09-21 03:41 PM

One of my friend got into same issue last week for his new license. He got a letter from DMV after a week, saying every thing is ok. I don't know whether problem is with DMV or USCIS, but they are not able to verify some information immediately.

YOu should be receiving communication soon.

I went to PennDOT to renew my PA Driver license and they took all my pepers. Offcer informed me that he cannot get verification for my Immigration status so he can not renew my License.
They gave me a printed peper which says we will informed you by letter within 21 dyas.

Anyone has proble to renew Lic. in PA.

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asdqwe2k

04-19 10:02 AM

Job location does not matter, as long as it is mentioned that it will be the case in the Labour application.

All the desi consulting companies do that, so that their employees can work anywhere in USA...

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ebizash

03-31 03:44 PM

I wonder why his/her handle is "webPromo"??? hmm... promoting "something" on the web...:D.

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SR2610

04-12 04:18 PM

There are some good and bad things.. If labor substitution is gone, less chances of fraud, most of backlogged labors go waste, which obviously reduces the retorgression. bad thing is 45 days rule, DOL itself cannot make out where the hell is the labor application, when they approved it and when they mailed it, how can they say that you need to apply for 140 with in 45 days :mad:

-SR

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sravani

05-15 12:50 PM

Is there already a poll like this for EB3?

EB3 polls are here:

http://immigrationvoice.org/forum/showthread.php?t=4440

http://immigrationvoice.org/forum/showthread.php?t=4420

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jonty_11

07-05 04:41 PM

I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.

I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.

Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.

Anyone gone through my kind of situation before. Please send me a PM.

I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...

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cinqsit

10-07 08:32 PM

Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date

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ashkam

04-21 02:21 PM

Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit

There's no such strings attached. You can convert from H4 to H1B whenever you want without the quota applying to you, as long as you
1.> Haven't spent a year outside the US, or
2.> Have your I-140 approved, in which case (1) won't apply.

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cha79

06-05 03:22 PM

Hi illinois_alum and sanjayc,

I have very similar questions except for our situation. Both me and wife have valid H-1B and H-4 and need to apply for our EAD extension (we are maintaining them in parallel). Can you suggest what should be our response to these in such case:

1. Manner of Last Entry : Should it be H-1B?

2. Current Immigration Status : H-1B? We never used EAD/AP to work or travel

6. Eligibility status: Should we just menton (c)(9) or have to add "FILED I-485" too?

Thanks for your help.

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meridiani.planum

04-06 02:34 AM

inline...

I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




agree with the rest of your post.

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