conchshell
08-07 12:03 PM
initially I was mad, becasue I remembered the revised July 2007 visa bulletin that came out declaring a reversal. Since NSC is going slow, I thought that DOS has once again pulled back on the dates. Later on I realized that its a mistake by the thread owner and got pissed off, and finally all I can do is laugh on the entire brohaha. Can't decide if we should give red dots OR green dots to the thread owner
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jq45
06-15 09:53 AM
The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
MCQ
10-26 04:03 PM
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
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apb
08-07 04:55 PM
--
Yes, I just spoke with another IV member who is in your situation and he is visiting Canada later this month to take care of this issue
Yes that is ME..:-) I am still contemplating risking my FP (anytime soon) against my H1B stamping name check that could come up or use AVR and go back for H1B stamping later.
The same appointment could be used by my wife to stamp her H4.
testtesttest has gone to Canada today for PR stamping and he is going to use AVR to reenter US. I might do the same right now.
For me I have a arrest record for driving with suspended license (non payment of ticket) for which I was fingerprinted and photographed though I have police clearance letter from SJPD.
If you are sure that you do not have any records like this then go for stamping of H1 also. It is perfectly OK to get both PR landing and H1B stamping done.
Yes, I just spoke with another IV member who is in your situation and he is visiting Canada later this month to take care of this issue
Yes that is ME..:-) I am still contemplating risking my FP (anytime soon) against my H1B stamping name check that could come up or use AVR and go back for H1B stamping later.
The same appointment could be used by my wife to stamp her H4.
testtesttest has gone to Canada today for PR stamping and he is going to use AVR to reenter US. I might do the same right now.
For me I have a arrest record for driving with suspended license (non payment of ticket) for which I was fingerprinted and photographed though I have police clearance letter from SJPD.
If you are sure that you do not have any records like this then go for stamping of H1 also. It is perfectly OK to get both PR landing and H1B stamping done.
more...
coolgc
05-08 02:54 PM
Thank you, Ms. Reddy for your prompt reply.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
Do I have to file another I-485? How does it work? Your advice is greatly appreciated.
check_name
07-24 07:35 PM
I'm a new comer... I would like to contribute if I could...but what's IV?
sorry that I was away the past weekend, thus the late reply
Hi,
Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.
sorry that I was away the past weekend, thus the late reply
Hi,
Thanks for contributing to our common cause if you have already done. If not, I would like your to contribute to IV. Every member in this forum has different issues and IV is working towards most of the issues.
more...
martinvisalaw
06-26 05:18 PM
My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...
Even though you entered using AP, you might be able to extend your nonimmigrant status. As the prior answer says, this is not necessary but many employees like to have it in case the AOS is denied for any reason.
It is also useful because if your EAD expires and you have not received a new one, you cannot work even if a new application is pending. On the other hand, if your H-1B (for example) has expired but the company timely filed an extension, you can keep working while the extension is pending.
Even though you entered using AP, you might be able to extend your nonimmigrant status. As the prior answer says, this is not necessary but many employees like to have it in case the AOS is denied for any reason.
It is also useful because if your EAD expires and you have not received a new one, you cannot work even if a new application is pending. On the other hand, if your H-1B (for example) has expired but the company timely filed an extension, you can keep working while the extension is pending.
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danu2007
07-17 05:15 PM
The DOS bulletin update under section D as if nothing has happened and they say "Visa Bulletin #108 (dated July 2) is hereby withdrawn."..in a very simple way...
Thanks again for all the IV support....Great news...
So what will happen to already filed applications?
They didn't say that they will accept application till August..May be it will come in another press release..
Thanks again for all the IV support....Great news...
So what will happen to already filed applications?
They didn't say that they will accept application till August..May be it will come in another press release..
more...
ashwaghoshk
04-26 08:01 AM
Rollingstone is right. There are chances of the 7th year extension only if your labor is 365 days pending or have an approved labor/I-140. If one of these applies to your case then you should have activated your 3 months of H1B in premium processing. Why didnt you do the premium processing? Now that your 6 years of H1 have ended i really doubt USCIS will consider your case and give the 7th year extension. Not trying to scare you but that's what I feel.
I hope you get the extension. Good Luck.
I hope you get the extension. Good Luck.
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add78
03-20 10:01 AM
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
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usirit
07-19 09:22 AM
I live in Noblesville. Please let me know of meetings related to IV in Indianapolis or surroundings.
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checklaw
07-19 11:31 AM
Enjoy! :) Only 5 files max allowed. Please follow up the next post.
Thanks. Very informative too.
Thanks. Very informative too.
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vactorboy29
10-10 10:27 AM
Thanks for info.
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andy garcia
11-04 08:20 PM
Is this something to be concerned about, getting AP before EAD , both are of course 124 days since receipt date.
How are AP and EAD related?
My son and I have never applied for AP and we have got two EAD's.
My wife on the other hand has never applied for EAD, only AP.
How are AP and EAD related?
My son and I have never applied for AP and we have got two EAD's.
My wife on the other hand has never applied for EAD, only AP.
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gapala
02-09 09:54 AM
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This may not fly because, both are considered different legal entities. The time that you have worked for A from Oct 05 to Aug 06 till the date H1B Transfer was filed from C to A, your employment will be considered unauthorized.
You need to immediately contact a good lawyer to evaluate your situation and options. I am sure they will find a way out.
Your case is slightly different than working for multiple employers while on H1B.
You can have multiple H1B's and work for multiple employers, given one of them is primary full time employment. This is perfectly legal and one of my friend has gone through this situation during his GC process. He did get an RFE and provided the details of both employments to CIS and they eventually approved his case. This was in 2004 though.
This may not fly because, both are considered different legal entities. The time that you have worked for A from Oct 05 to Aug 06 till the date H1B Transfer was filed from C to A, your employment will be considered unauthorized.
You need to immediately contact a good lawyer to evaluate your situation and options. I am sure they will find a way out.
Your case is slightly different than working for multiple employers while on H1B.
You can have multiple H1B's and work for multiple employers, given one of them is primary full time employment. This is perfectly legal and one of my friend has gone through this situation during his GC process. He did get an RFE and provided the details of both employments to CIS and they eventually approved his case. This was in 2004 though.
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amsgc
03-11 09:33 PM
I have an NRE account and I get a 1099-INT every year from my bank for that account. It clearly states that the interest has been reported to the IRS and therefore must be shown on the 1040.
We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?
We were talking about taxes at work and someone mentioned that all bank accounts in home country should be reported to IRS. I opened a bank account(NRE) in India before I came to US and get minimal interest income from it. Should I be declaring the income to IRS? The income is so low that I don't have to declare it in India so I didn't bother. I do not have a green card (am on H1B). Can you confirm if I am supposed to provide this info in tax returns. I did do some research on this and from news articles it seems like what my colleague mentioned is true. How do I go about providing all the info now? Is this going to impact my GC process?
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jonty_11
06-12 05:14 PM
I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
2 options..
use EAD and join new empolyer .
If u dont have EAD yet...do another h1 Transfer
2 options..
use EAD and join new empolyer .
If u dont have EAD yet...do another h1 Transfer
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sankap
07-20 02:38 PM
So, if your dependent has been on H-4 and used some document as proof of marriage, how would you account for two different dates--one for H4 etc, and the other for your US marriage?
actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.
actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.
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sanju_dba
12-21 12:36 PM
Hi,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
My understanding is you can setup business even with your H1 status, and has no dependency on 485.
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
My understanding is you can setup business even with your H1 status, and has no dependency on 485.
chumki
12-17 03:53 PM
Please help
gbof
04-29 01:20 PM
Yes I sent it to correct address Lockbox, AZ. Thanks for asking me to confirm.
Dhundhun, If you saved a copy of mailed check, Please look for any technical errors like amount in words/figures . Also check for whom it was written ( They demand it to be written for: US Department of Homeland Security) not abbreviations DHS or so.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
Dhundhun, If you saved a copy of mailed check, Please look for any technical errors like amount in words/figures . Also check for whom it was written ( They demand it to be written for: US Department of Homeland Security) not abbreviations DHS or so.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
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