Slowhand
05-08 05:05 PM
What if your old employer cancels your I-140? In that case wouldn't it be better to have informed USCIS that you changed jobs?
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seba
09-24 10:35 AM
Hi all,
I am sure there are people here who started the green card application process but also wanted to go to school (e.g., for MBA) during the green card process. Is it possible to get an F-1 visa to attend school full-time while your green card is still pending?
I heard during a lawyer's presentation that it is very hard (almost impossible) to get an F-1 visa if you have started the green card application process, since by starting it, you have declared an intent to immigrate.
However, I have also heard that it is easy to get an F-1 visa even after starting the green card application process, but your green card application will be canceled.
Please let me know if you have any knowledge or experience in this. Thanks.
I am sure there are people here who started the green card application process but also wanted to go to school (e.g., for MBA) during the green card process. Is it possible to get an F-1 visa to attend school full-time while your green card is still pending?
I heard during a lawyer's presentation that it is very hard (almost impossible) to get an F-1 visa if you have started the green card application process, since by starting it, you have declared an intent to immigrate.
However, I have also heard that it is easy to get an F-1 visa even after starting the green card application process, but your green card application will be canceled.
Please let me know if you have any knowledge or experience in this. Thanks.
ski_dude12
10-15 02:17 PM
It is possible that since you are on H1 they might have assumed that your employer filed for your GC.
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agc2005
12-25 08:38 AM
kish006:
Actually I and my wife recieved EADs with photos got swaped and then we sent back to USCIS with the following docs and yesterday we got the new cards.( I haven't recieved my AP yet, may be they also having the wrong photo on it i don't know yet).
1) write a Letter to USCIS explaining the problem
2) EAD Card
3) New photos
4) New I765 application without fees(If it is USCIS Problem otherwise you have to pay)
5) Passport photocopies.
Actually I and my wife recieved EADs with photos got swaped and then we sent back to USCIS with the following docs and yesterday we got the new cards.( I haven't recieved my AP yet, may be they also having the wrong photo on it i don't know yet).
1) write a Letter to USCIS explaining the problem
2) EAD Card
3) New photos
4) New I765 application without fees(If it is USCIS Problem otherwise you have to pay)
5) Passport photocopies.
more...
TexDBoy
06-07 03:36 PM
When is your last entry to US?
why r they asking for so many years back?
why r they asking for so many years back?
raj1998
04-13 12:49 PM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....
But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.
more...
eb3_nepa
04-13 11:01 AM
Can ammendments be made to the bill in the 180 day waiting period? It was mentioned here before that ammendments can be made during that period.
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sandy_anand
10-25 10:56 PM
Will USCIS release updated Pending I-485 numbers as published that they will do every quarter....
To whom is the question directed? :confused:
To whom is the question directed? :confused:
more...
pablo8000
04-16 07:36 PM
Hello,
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
Thanks a lot for your answers.
Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.
I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.
Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.
I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.
When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.
I will be very grateful if you can give me your point of view about my case and share your experiences.
Thanks a lot
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simple1
10-06 03:43 PM
This is a fake post, read it carefully. There is clear fact gaps.
Explaining fact gaps will train them to create queries that look real.
just a humble question.. whats wrong in responding to this kind of posts. i dont see anything wrong in suggesting or helping other people like us.
atleast he is not posting anything bad against IV or any religion or anything negative.
MC
Explaining fact gaps will train them to create queries that look real.
just a humble question.. whats wrong in responding to this kind of posts. i dont see anything wrong in suggesting or helping other people like us.
atleast he is not posting anything bad against IV or any religion or anything negative.
MC
more...
chanduv23
03-14 12:16 PM
Thank you all for your responses. We just wanted to keep a plan B active. Both of us are on h1b and from India. After residency, she will have 3 more years on h1b, and I am entering 8th year on h1b, if we don't get GC after all this, we would like to try various options like India, Canada, Australia etc.. and that's why we started enquiring.
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v2neha
04-25 11:26 AM
hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
Even if online address change thru AR-11 has not taken effect, post office will forward your mail to your new address for 12 months - make sure you fill out change of address form with postal dept immediately
more...
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apahilaj
07-19 07:11 AM
Hi Seahawks,
I had a question regarding your post - you mentioned that if you are filing with your spouse, there's another form you have to file. I filed along with my spouse and I did not have to fill out any special form; my attorney did not ask for any special form for my spouse and neither did he ask for my tax information.
Can you please provide details of this form you are talking about? My application has already reached USCIS in the begining of July.
Am I expecting an RFE on it? Thanks.
I had a question regarding your post - you mentioned that if you are filing with your spouse, there's another form you have to file. I filed along with my spouse and I did not have to fill out any special form; my attorney did not ask for any special form for my spouse and neither did he ask for my tax information.
Can you please provide details of this form you are talking about? My application has already reached USCIS in the begining of July.
Am I expecting an RFE on it? Thanks.
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slc_ut
05-28 07:31 PM
hi, thanks for info. But one more question. Yes, now and then a date in Oct' 2006 is showing up. But, it will take time to fill all the forms after i proceed. What are the chances that i will get that date when other people are competing in real-time? Please post a reply.
more...
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chanduv23
09-10 02:23 PM
texcan,
I did create such a platform. Launched it two weeks back. http://www.h1bfraud.com.
There is one more started by an IV member called www.desicrunch.com and another called h1bmajdoor.blogspot.com
I did create such a platform. Launched it two weeks back. http://www.h1bfraud.com.
There is one more started by an IV member called www.desicrunch.com and another called h1bmajdoor.blogspot.com
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GC092003
04-18 06:59 PM
I tried today. I filed in California on March and it went to texas...
more...
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puvathoor
02-17 09:02 AM
Even if Charles did say that EB2 India / China will have a cut off date of Dec 2003, how come the lawyers did not question him on this logic?
EB2 India was U from Feb 2008... The way I (and most people) interpreted that was that all visas for FY 2008 were used up... The possibility of new visas was only through spillover from other categories (or recapture of unused visas from other years).
What's happening here that after being moved to Jan 2000 before becoming U in Feb, suddenly things are moving all the way to 2003.
While I would love for this to happen, this seems to be a very remote possibility.
EB2 India was U from Feb 2008... The way I (and most people) interpreted that was that all visas for FY 2008 were used up... The possibility of new visas was only through spillover from other categories (or recapture of unused visas from other years).
What's happening here that after being moved to Jan 2000 before becoming U in Feb, suddenly things are moving all the way to 2003.
While I would love for this to happen, this seems to be a very remote possibility.
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webpromo
03-27 12:36 PM
this is not a game , this happened really to me .I am Indian .They did not gave my passport back . They took my passport and send me to Bangalore Airport back .I know they don't have any right to hold any one's property that too a country citizenship passport.I am looking for an answer and advice , not question for a question
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gc_chahiye
08-05 11:01 PM
One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.
did your friend then file a MTR?
did your friend then file a MTR?
webm
04-21 02:24 PM
I wanted to inform the community that our GC is finally approved... I just checked my email hoping against hope that I might see some good news and good news is what I saw...
This is a tremendous relief to us.
They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.
Good luck to everybody else and hope you all the best.
Congrats to you!! hopeful08
This is a tremendous relief to us.
They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.
Good luck to everybody else and hope you all the best.
Congrats to you!! hopeful08
gcformeornot
04-07 01:01 PM
AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)
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