lskreddy
08-07 05:19 PM
There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.
I'm assuming that you are from India and therefore don't need any visa to work in India.
Thanks. Yes, I am an Indian citizen.
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
I'm assuming that you are from India and therefore don't need any visa to work in India.
Thanks. Yes, I am an Indian citizen.
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
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txh1b
04-15 06:31 PM
My friend had a similar RFE and he got a month to answer. Luckily he found his I-20 copy.
Couple of things you can try.
1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.
2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.
Couple of things you can try.
1. Contact the previous company/HR/Lawyer that filed for the first OPT/H1b for you and they might have a copy of it. Most companies/lawfirms retain the files or archive it rather than destroying it. This is the best bet.
2. Whatever the lawyer suggested along with any proof of your I-94 with D/S stamp from your student days along with clear copies of passport stamps with DOE and exit.
ashutrip
06-18 08:52 AM
Hello Leo,
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
my freind labor thru PERM is taking upto 150-180 days if ur application is in Atlanta.....they are hatching the files......saala when dates are current my labor in not clear......kya karega pandu jab kismet saala g&%*$u
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
my freind labor thru PERM is taking upto 150-180 days if ur application is in Atlanta.....they are hatching the files......saala when dates are current my labor in not clear......kya karega pandu jab kismet saala g&%*$u
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telekinesis
09-06 04:02 PM
Thanks...again :P
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
I am never happy with my footer and still am not happy with it; I wish kirupa allowed music because transition effect like the ones in my footer went to a techno track but I took it out before I published it :*(, so I will most likely update it later today and a totally maxed out version on monday. By then I should have my intro done, ya know, for certain people to view a sneek peek message me on AIM.
more...
seahawks
01-01 05:10 AM
congratulations after all the hardships you had to wait for. Me too had to wait 4 years (48 months) just for my labor to be approved:) Hopefully 2009 should really be a Happy New Year if we all work hard together!
sureshvd
10-15 11:25 AM
I think you need to show visa proof when you go to most of the DMVs.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
But one of friend renewd his lic(PA DMV) without showing H1 or EAD. He renewed it online.
When I tried to renew my licence online it prompted me that my citizenship requires me to go to DMV local office personally.
more...
chanduv23
02-28 08:44 AM
I am in the same boat as well. But you answer your question - am almost sure you don't need FP to renew your EAD. Having said that - why would renew your card in June? (Considering that you might not have received your EAD till Aug-Sep'07 of last year).
the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.
the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.
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arnet
11-22 09:28 PM
this issue has been discussed before in IV. please check the following threads and also search for "FOIA" keyword in this forum you will find couple of threads regd this issue.
http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
http://immigrationvoice.org/forum/showthread.php?t=1206&highlight=foia
Dear my friends Can I get copy of LC filing copy and 45 letter copy through
FOIA? I recently got laid off after working 4 years in same company. My employer is refusing to give LC filing copy. In my knowledge to get new H1 as I am 8th year extension from my new employer, I need to have copy of LC filing. I am in dilemma; please guide me if you can. I will really appreciate any guidance from 1V members.
more...
Powersa
07-09 09:21 PM
There is a story that all flowers received will be forwarded to injured service members at a medical center.
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snakesrocks
03-14 11:31 AM
Hi everyone,
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
I am a Canadian Citizen and travelled to India in last week of Jan 2009 and came back thro Philadelphia airport, no issues on H1B, they gave me a new I 94 and let me in.
I have a related question. I am a canadian citizen now and am still maintaining an H1b. My H1b stamp had expired in 2007 though.
I had applied for AP in january but its still pending at NSC.
Now I have to go to India for my brother's marriage.
My question to you all is-Since I am still on H1B (and If am not wrong, canadian citizens do not require H1B stamps)-- will it be ok if I travel without an AP.
Thanks
I am a Canadian Citizen and travelled to India in last week of Jan 2009 and came back thro Philadelphia airport, no issues on H1B, they gave me a new I 94 and let me in.
more...
chanduv23
11-26 02:00 PM
Folks - due to an unforeseen emergency Attorney Prashanthi Reddy was not able to make it on November 20th to IV chat.
The next IV Chat with Attorney Prashanthi Reddy will be on Thursday, December 4th at 9.30 PM EST.
If there is any change that I know of, I will post it on this thread
The next IV Chat with Attorney Prashanthi Reddy will be on Thursday, December 4th at 9.30 PM EST.
If there is any change that I know of, I will post it on this thread
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meridiani.planum
06-20 12:18 PM
I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married).
Cant attend own brothers wedding because we are scared of the possibility of MAYBE getting a delayed visa stamping?? what kind of life is that? ....
Cant attend own brothers wedding because we are scared of the possibility of MAYBE getting a delayed visa stamping?? what kind of life is that? ....
more...
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sheela
09-11 01:40 AM
^^ Bump ^^ (just wanted to give some more 'air' time for this thread in hopes of catching attention from IV core )
Nice idea. Something like this should happen. I gave you green .
Nice idea. Something like this should happen. I gave you green .
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gsk_73
03-16 09:27 PM
During my H-1B visa interview at the Delhi Consulate I was told that my Visa is approved but some additional documents are needed. A pink slip, 221(g), was given to me, I submitted all the documents same day. Its been a week and the online status shows 'case is being processed'. I also have a valid advanced parole and I am thinking of entering on AP if the 221(g) takes too long. My question is, the consulate still has my passport, will there be any issues if I ask my passport back? how long does it take to get the passport back? Will the passport be stamped for '221(g) in progress? what kind of issues I can have at the POE? Thanks in advance.
more...
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number30
10-31 04:06 PM
Hello Number30,
For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.
You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.
Yes I thought the same.
I am asking this because i did a tax return for one of my friend. He got EIC. But Questionire is not asking for residency status. But was asking like Were you a U.S. citizen or resident alien for all of year?
That year he was laid off and had very little income So he took the money.
Hope he will not have any trouble.
For taxation purposes, you are considered just like US citizen as soon as you spend more than 180 days within US.
You can claim all the standard tax deductions/exemptions that are available to any US citizen like EIC (irrespective of your status - on visa, in AOS, PR or citizen) if you file taxes as a resident.
Yes I thought the same.
I am asking this because i did a tax return for one of my friend. He got EIC. But Questionire is not asking for residency status. But was asking like Were you a U.S. citizen or resident alien for all of year?
That year he was laid off and had very little income So he took the money.
Hope he will not have any trouble.
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vin13
06-19 06:42 PM
Guys,
Speaking about something that is not immigration related is not going to help us here. Please keep this forum for immigration related issues.
Speaking about something that is not immigration related is not going to help us here. Please keep this forum for immigration related issues.
more...
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waitingnwaiting
11-16 12:20 PM
Report indicates that Sen. Robert Menendez (D-N.J.), Rep. Nydia Velasquez (D-N.Y.) and Rep. Luis Gutierrez (D-Ill.) will meet with President Barack Obama this afternoon to talk about the chances of getting comprehensive immigration reform or the DREAM Act passed in the lame duck session, signaling the Democrats, Hispanics, and Obama turning their posture in CIR or DREAM from "defensive" to "offensive" strategy, by going forward with the all-court pressing DREAM or CIR during the Lame Duck session. For this apparent strategy, time is indeed short and running out. There was also report that the House Speaker Nancy Pelosi (D-Calif.) could bring the DREAM Act to the floor as early as this week. This strategy will push and corner Republicans to the "defensive" position in connection with the 2012 Presidential and another national election. For this matter, the Democrats have nothing to lose by pushing for DREAM or CIR during this Lame Duck session while they are in a majority position. Failure to pass the DREAM Act during the Lame Duck session will be placed on the Republicans, which are likely to bring about some Republican casualties and political liabilities in 2012 election. From the perspecitives of the DREAM activists, this is indeed considered a last chance and they are taking an aggressive position to take advantage of such political strategy of the Democrats. Let's watch how this political drama will unfold during the next one month or so. ww.immigration-law.com
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tor78
08-20 03:22 PM
Just curious, how did they find out?
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GCwaitforever
03-17 09:13 PM
Kudos to the core team for their work. These contributions reflect hope and resoluteness in our would-be immigrants, in spite of odds faced in a new country. This is the way to go.
Fund raising should continue, even after we meet the initial goal. We should propagate the word around and seek ideas and cooperation from more future members.
I placed the posters in local Indian Groceries. Tomorrow it is going to be in local temples. I passed on the flyer to an Irish friend of mine. Happy St. Patrick's day to you all.
http://www.shamrock.org/
:)
Fund raising should continue, even after we meet the initial goal. We should propagate the word around and seek ideas and cooperation from more future members.
I placed the posters in local Indian Groceries. Tomorrow it is going to be in local temples. I passed on the flyer to an Irish friend of mine. Happy St. Patrick's day to you all.
http://www.shamrock.org/
:)
tnite
11-14 02:14 PM
Hi,
Do anyone knows what kind of additional information is requested for Travel Document. Here is the message I see online:
Receipt Number: SRCXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: We mailed you a notice requesting additional evidence.
On November 13, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Possible documents :
1.copies of Old I -94's
2.Color copies of the relevent pages of passport
Do anyone knows what kind of additional information is requested for Travel Document. Here is the message I see online:
Receipt Number: SRCXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: We mailed you a notice requesting additional evidence.
On November 13, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Possible documents :
1.copies of Old I -94's
2.Color copies of the relevent pages of passport
saileshdude
03-25 11:10 PM
On March 12 2009 I got an query on my I-485.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
As per yates AC21 memo, job location should not be a problem. Also refer to murthy's FAQ on AC21. Your attorney should respond as per this memo.
Requesting discrepancy in the labor applied on Nov'7 2002 and present working place.
My company(abc ltd) applied labor on Nov'07 2002 while I was working at the clients(xyz) place in Los Angeles.
I got my I-140 approved on Feb'15 2006, while I was with the same client(xyz) at that time.
On Dec'04 2006 I moved to Detroit, started working with different client.
RFE goes like this.
The Documentation submitted with your application and/or a review of service records indicate that you no longer reside in the same state or geographical location as the underlying form i-140 immigration petitioner and /or job location specified by your intended permanent employer.
There fore submit a currently dated letter from your original form I-140 employer which which address this discrepancy.
I am still working with the same employer who filed my labor certification.
Any gurus who can suggest me on the query would be greatly appreciated.
As per yates AC21 memo, job location should not be a problem. Also refer to murthy's FAQ on AC21. Your attorney should respond as per this memo.
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