sundarpn
04-09 08:13 AM
Options are:
a. Nonresident alien required to get ITIN to claim tax treaty benefit
b. Nonresident alien filing a U.S. tax return
c. U.S. resident alien (based on days present in the United States)
d. Dependent of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
e. Spouse of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
f. Nonresident alien student, professor.
g Dependent/spouse of a nonresident alien holding a visa.
(E) seems to correct as far as I can tell.
a. Nonresident alien required to get ITIN to claim tax treaty benefit
b. Nonresident alien filing a U.S. tax return
c. U.S. resident alien (based on days present in the United States)
d. Dependent of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
e. Spouse of U.S. citizen/resident alien (Enter name and SSN of US Citizen/Resident alien)
f. Nonresident alien student, professor.
g Dependent/spouse of a nonresident alien holding a visa.
(E) seems to correct as far as I can tell.
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HumJumboHathuJumbo
09-17 12:17 PM
I am a july 07 filer with EB2 PD Oct 2005. I switched employers in early part of this year. My employer has been very erratic and not paying me salary for past 2 months because his money is not cleared from his client. I have found another contract but my employer wants to wait until his money is cleared before he can pay me and that can take longer than 6 months !!! (if his money is not cleared before)
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
green if this helps otherwise just ignore.
http://immigration-information.com/forums/showthread.php?t=6243
Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.
green if this helps otherwise just ignore.
http://immigration-information.com/forums/showthread.php?t=6243
NKR
02-14 03:33 PM
I have filed my H1B extension on November as my H1B is expiring on 23rd Feb.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
I am pretty sure that once you have applied for H1 extension you can continue to stay even after the H1 expiry date till it gets approved without having to use or convert to EAD. Confirm this with others too.
I haven't got my approval yet. I have currently EAD and my I140 approved.
My question is if I don't get my approval on or before 23rd Feb what will happen to my status?
My Lawyer said once you filed you have 140 days (or 160 days forgot) for approval meaning even if it does not get approved on or before I will be on H1B till I complete 140 days from date of filling. Otherwise I will be on EAD status.
Please advise.
I am pretty sure that once you have applied for H1 extension you can continue to stay even after the H1 expiry date till it gets approved without having to use or convert to EAD. Confirm this with others too.
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crazyghoda
01-14 05:16 PM
May I ask Why?
While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.
While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.
more...
h1bwala
04-26 10:28 PM
Are you trying to come back. Why didnt you try to get back the salary when you were in US?
Is it not possible now ? I think it should be ....
Is it not possible now ? I think it should be ....
ivuser9
09-25 09:34 PM
we need to wait till we get the letter from USCIS to see what they requested for... it is typically an RFE
Good luck
Good luck
more...
godbless
07-20 01:03 PM
my birth certi doesn't have last name is it ok
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same_old_guy
11-18 03:00 PM
My employer is not ready to give a copy of I-140. I was wondering if any of you used "The Freedom of Information Act (FOIA)" to get it.
So far I found that there are 3 things to be done for FOIA :
1. A request letter mentioning what exactly you are asking for.
2. Notarized copy of Form DOJ-361 (Certification of Identity)
3. Fee
Wanted to know, if any of you actually did this and get a copy of I-140 back. What is the fee ? How did you pay it ? Was there any other document that you sent ? Am I missing anything ? Who did you send the request to ?
So far I found that there are 3 things to be done for FOIA :
1. A request letter mentioning what exactly you are asking for.
2. Notarized copy of Form DOJ-361 (Certification of Identity)
3. Fee
Wanted to know, if any of you actually did this and get a copy of I-140 back. What is the fee ? How did you pay it ? Was there any other document that you sent ? Am I missing anything ? Who did you send the request to ?
more...
aries
08-29 05:35 PM
any thoughts guys....
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mallikonnet
07-07 09:22 PM
My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.
yes you can extend h1b with out any problems
yes you can extend h1b with out any problems
more...
aarzoo
01-14 01:19 PM
Yes without original PERM approval, USCIS does not accept cases for PP
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johnggberg
08-12 10:38 AM
dont worry about it, your good to go, i did it to back in 2002 i didnt had any problems. good luck
more...
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balslc
09-24 08:24 AM
Hi Experts,
On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.
They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.
Thanks,
--Bala
On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.
They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.
Thanks,
--Bala
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vban2007
10-23 03:00 PM
Pls reply
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pappu
08-23 11:00 AM
please continue to send mails to your local lawmakers regarding Skil Bill. Use the webfax too at
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broad support for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
---
Please tell all your friends too.
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broad support for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
---
Please tell all your friends too.
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aadimanav
08-06 03:50 PM
I have heard/read that the person should work with GC sponsoring company for at least 6 months after RECEIVING the GC. Is that true?
This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?
This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?
more...
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hibworker
11-24 02:14 PM
H1B for 2009-10 can be applied at any time with immediate or deferred start date.
H1B for 2010-11 can only be applied on or after April 1, 2010 with start date of Oct 1, 2010 or later.
H1B for 2010-11 can only be applied on or after April 1, 2010 with start date of Oct 1, 2010 or later.
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desi3933
02-18 11:36 AM
......
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
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pappu
09-26 11:13 AM
I know one....email me if interested.
Lopezc75 I checked and it seems you are a law firm on this forum. We do not allow people to advertise on this site. Thanks.
Lopezc75 I checked and it seems you are a law firm on this forum. We do not allow people to advertise on this site. Thanks.
dassumi
03-02 04:07 PM
If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?
Anyone?
Anyone?
Rockey
02-29 01:37 PM
Hello Gurus,
I have a strange situation, request advice, suggestions and ideas from expertise...,
My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.
In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?
or Do we have to say 'Yes' Mandatorily else will it create problems??
Please show some light on this..
Reg
Rockey.
I have a strange situation, request advice, suggestions and ideas from expertise...,
My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.
In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?
or Do we have to say 'Yes' Mandatorily else will it create problems??
Please show some light on this..
Reg
Rockey.
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