ski_dude12
09-24 06:44 AM
What was the reason for rejection (both times).
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rockstart
03-01 07:28 PM
Were you working all the time in 2006 or were you on vacation? In case you were on vacation or medical leave or overseas for personal visit you can be on leave without pay. I am assuming 2006 was your 1st year so you definately did not have paid vacations. My advice is please document all your off time well this will help you.
Hey Tiger,
Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.
Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension
Hey Tiger,
Dont take my words or advise for granted if one year you had less than your prevailing wage on W2 it may be ok as you have 2 more years of W2 with equal or more than prevailing wage.
Honestly I cannot say for sure your extension will be denied. But it helps for you to pay a couple of hundred dollars and talk over the phone to experienced attorneys like Sheela Murthy and get advise on your situation and options and whether there are chances of denial. I would assume you are OK but again I am no LAWYER :) I really wish you luck in your extension
ArkBird
05-21 04:55 PM
Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
EXACT same thing happened with us in Feb. The person taking FP told my wife that we will get our GC in April but the cleaver part was that she never mentioned they year!!! :)
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
EXACT same thing happened with us in Feb. The person taking FP told my wife that we will get our GC in April but the cleaver part was that she never mentioned they year!!! :)
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AmericanInSpain
04-08 11:46 AM
I have a similar situation and I want to hear more about working remotely using a non-work resident visa...
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
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Maverick1
08-13 11:23 AM
According to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.
Only OCI visa holders can work without employment visa.
You may want confirm the details on the Embassy website as they keep changing rules from time to time.
No visa needed for employment. The difference being, you need to report if you stay more than 180 days. The OCIs don't need to report.
Quote from cgny website :
"No requirement of a Student Visa for undertaking studies in India and Employment visa for taking up employment in India. However, PIO cardholders would be required to fulfill other pre-requisite conditions and formalities in connection with their studies/employment as prescribed by concerned authorities from time to time. "
http://indiacgny.org/php/showContent.php?linkid=181&partid=102&sub=sub7
Only OCI visa holders can work without employment visa.
You may want confirm the details on the Embassy website as they keep changing rules from time to time.
No visa needed for employment. The difference being, you need to report if you stay more than 180 days. The OCIs don't need to report.
Quote from cgny website :
"No requirement of a Student Visa for undertaking studies in India and Employment visa for taking up employment in India. However, PIO cardholders would be required to fulfill other pre-requisite conditions and formalities in connection with their studies/employment as prescribed by concerned authorities from time to time. "
http://indiacgny.org/php/showContent.php?linkid=181&partid=102&sub=sub7
sdrblr
08-24 11:41 AM
calling a supervisor and he returning the call without HR(or legal's) intervention is little weird. How big is your company?
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jindhal
09-23 01:47 PM
tell them she is in legal status, like that of a H4. also, you might say that she is not going to study as a full time student and therefore does not need a student visa. how many courses she takes up after getting admission is totally different.
Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.
Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.
Having an EAD ensures you can receive scholarships, grants, and any other financial assistantship. If you have an H4 you cannot work on campus or off campus and cannot receive any money from the university. My suggestion to the OP would be to get in touch with the International Students sections at the university and talk to the head or someone higher up. If possible set up a meeting and explain your situation and visa category. Maybe they might change their minds.
Best of luck and please post what your final decision was, I am going to be in a similar situation a year from now.
2010 Mercedes-Benz 280S is one of
ksrk
08-21 07:40 PM
I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
Not sure of terminology here, but some companies have policies to "go after" employees who leave immediately after getting their employment-based permanent residence. God knows there may be a law that allows the company to sue you for your "intent" of staying with the company for the sole purpose of getting your green card and not because you have a vested interest in doing your job for the company.
While these policies/laws allow for the employee to leave the company after a "reasonable" amount of time (usually six months), if, however, the employee leaves the company within that timeframe, the company has good cause to argue that the employee had an intent of leaving the company from the beginning right after s/he obtained employment-based permanent residence.
Not sure how much sense this made - the law is kinda fuzzy here, AFAIK. As is good with such matters, get professional advice from a good immigration attorney about what you need to do - always worth the money; the risk is not.
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
Not sure of terminology here, but some companies have policies to "go after" employees who leave immediately after getting their employment-based permanent residence. God knows there may be a law that allows the company to sue you for your "intent" of staying with the company for the sole purpose of getting your green card and not because you have a vested interest in doing your job for the company.
While these policies/laws allow for the employee to leave the company after a "reasonable" amount of time (usually six months), if, however, the employee leaves the company within that timeframe, the company has good cause to argue that the employee had an intent of leaving the company from the beginning right after s/he obtained employment-based permanent residence.
Not sure how much sense this made - the law is kinda fuzzy here, AFAIK. As is good with such matters, get professional advice from a good immigration attorney about what you need to do - always worth the money; the risk is not.
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skothuru
06-28 03:29 PM
Our Employment Verification Letter States:
We are looking forward to his continued employment with us. --> Is this OK?
Or should it be something like:
We will hold this position open for him until he is ready to fill it upon completion of his permanent resident case.
Plz Advice!!!!
We are looking forward to his continued employment with us. --> Is this OK?
Or should it be something like:
We will hold this position open for him until he is ready to fill it upon completion of his permanent resident case.
Plz Advice!!!!
hair Mercedes Benz 300 SLR at
vinay@ocean
06-08 11:52 PM
Hi all,
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
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reddy77
01-13 07:58 AM
Thank you All for your prompt replies, much appreciated, one less worry. can focus on my job search. Again, Thanks and have a nice day ...
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lvinaykumar
04-18 04:13 PM
I got married after applying for I-485, and did not apply EAD, I am hopeing if i get my PD current i will send the new application and use the EAD option...until that i have to stay on H1 ;)
Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?
Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?
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Desertfox
10-30 08:33 PM
is it from the receipt date or notice date?
It starts from the receipt date, and USCIS confirmed it multiple times in their receipting update on the website.
It starts from the receipt date, and USCIS confirmed it multiple times in their receipting update on the website.
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IamWithImmiVoice
06-17 09:00 PM
Contributed 100 dollars. Hopefully everyone here contributes and we meet our goals..
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pictures Mercedes Benz W198 300SL,
insbaby
07-22 07:10 AM
Now I understand why June 12 VB says "Current". If everyone (atleast 300K) files in July and close the gate, all are stuck in the old fee system, which in future is constant revenue for USCIS.
300,000 X $600 = $180,000,000 / Year
can anyone miss this?
300,000 X $600 = $180,000,000 / Year
can anyone miss this?
dresses DECEMBER 18: Mercedes Benz
GC_ASP
07-20 07:39 AM
If u r not married, its better to change the job using H1b transfer and use Ac21portability to continue the GC process ( new job should be similar). You don't have to use EAD. Once you start using ur EAD, you loose ur H1B status automatically and it would be hard to bring your wife on H4.
Here are the answers for ur three questions.
1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.
2. I think you can get H1B extension using 140 approval.
3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.
I hope I answered the all your questions.
one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.
Never use AP if you are unmarried.
This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!
Here are the answers for ur three questions.
1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.
2. I think you can get H1B extension using 140 approval.
3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.
I hope I answered the all your questions.
one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.
Never use AP if you are unmarried.
This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!
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makeup Mercedes-Benz 300 SL Gullwing
intheyan
06-17 06:37 PM
After I-485 pending for more than 180 days and with approved I-140 I changed the job. But the job is exactly similar the pay is almost 35% greater than that is in Labour. Will that create problems? I have not send AC21 filled to USCIS since my lawyer and friends suggested it not maditory but we can argue on getting the RFE showing papers that the new job has same job duties.
Thanks for your replys in advance
Thanks for your replys in advance
girlfriend DECEMBER 18: Mercedes-Benz
mmandal
08-02 12:29 PM
Guys
I want to alert you to a bad experience with UPS over an international shipment and suggest you ship Fedex or DHL especially if shipping time-sensitive immigration docs. If you have any further questions pls PM me.
I mailed a 'guaranteed delivery' package containing immigration docs to Mumbai from Tucson, AZ. I wanted this package to reach at a particular date because of a time-sensitive processing required on part of my family in India. It was mailed through a UPS store in Tucson.
The problems:
1. The package was delayed by 2 business days, screwing me and my family - cancelled airplane tickets, missed appointments, cascading delay for further processing.
2. I am having trouble getting a refund even though I am eligible for it. The UPS store refuses to issue a refund saying that "there is no guaranteed international shipment' ever. This is after the fact that UPS shipping confirms that I am eligible for a refund, but it has to be processed through the store. So, basically, I am caught between the UPS store and UPS shipping.
Lesson learned:
1. Dont ship UPS
2. Even if you ship UPS, dont ship it through a UPS Store
Based on my discussions in the recent couple of days, Fedex may be a better option. In fact I FEDEX'ed duplicate copies of the paperwork 3 business days later and they were delivered on the same day as the UPS package!!! Never tried DHL so cant say anything.
I want to alert you to a bad experience with UPS over an international shipment and suggest you ship Fedex or DHL especially if shipping time-sensitive immigration docs. If you have any further questions pls PM me.
I mailed a 'guaranteed delivery' package containing immigration docs to Mumbai from Tucson, AZ. I wanted this package to reach at a particular date because of a time-sensitive processing required on part of my family in India. It was mailed through a UPS store in Tucson.
The problems:
1. The package was delayed by 2 business days, screwing me and my family - cancelled airplane tickets, missed appointments, cascading delay for further processing.
2. I am having trouble getting a refund even though I am eligible for it. The UPS store refuses to issue a refund saying that "there is no guaranteed international shipment' ever. This is after the fact that UPS shipping confirms that I am eligible for a refund, but it has to be processed through the store. So, basically, I am caught between the UPS store and UPS shipping.
Lesson learned:
1. Dont ship UPS
2. Even if you ship UPS, dont ship it through a UPS Store
Based on my discussions in the recent couple of days, Fedex may be a better option. In fact I FEDEX'ed duplicate copies of the paperwork 3 business days later and they were delivered on the same day as the UPS package!!! Never tried DHL so cant say anything.
hairstyles stock photo : HUA HIN - DECEMBER 19: Mercedes Benz W198 300SL, 1954.
wandmaker
12-18 11:27 PM
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
One must apply for 140 with in 180 days the labor approval. Labor substitution has been discontinued.
One must apply for 140 with in 180 days the labor approval. Labor substitution has been discontinued.
shsk
07-20 08:57 PM
I checked with my attorney, they advised better not to change address until EAD is received.
If it is emergency then address can be changed but with this confusion and emergency filing it adds to some more confusion :confused:
If it is emergency then address can be changed but with this confusion and emergency filing it adds to some more confusion :confused:
gc_kaavaali
12-10 06:57 PM
in my view software engineer and business analyst are NOT similar. One deals with generating lines of code and the other is taking requirements...in my view both are different...talk to your attorney...it is just my view only...and u know i am neither expert nor an attorney...
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