Saturday, July 2, 2011

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  • raysaikat
    07-27 08:04 PM
    Does it mean that if she graduates before the I-485 is approved, she cannot work? Or can she accept employment on the green card EAD even though the I-140/I-485 are pending. What will be her status during that period?

    By filing I-485, she is no longer in F-1 status; she is in AOS. I believe that she cannot get OPT. She can work without any restriction by using her EAD (as long as it is valid).

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  • frost_oni
    04-17 02:36 AM
    lmao!! cool! :thumb:

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  • nonlimit
    02-11 11:39 AM
    Hey Alabaman,

    First of all thanks for your reply.

    No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.

    2 points:

    1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).

    But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.

    Am I correct with this reasoning? Does the substantial presence test only count for the next year?

    2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.


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  • ameryki
    03-23 08:48 PM

    I have a pretty simple question.

    A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.

    Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.

    Please advise,

    If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.


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  • Michael chertoff
    01-18 01:34 PM
    You should copy paste the post instead of link and forcing people to go to a website. I suggest you edit your post. Let people discuss here than on some other site.
    This person is ROW and current. Only EB3 I know the pain of waiting.

    Dear waitingnwaiting,

    why Only EB3 I know the pain of waiting, why not EB2 I, I am waiting from last 5 years and i don't know how long more. we all know the pain of waiting buddy.

    It is all about luck.

    (BTW - 11 Plus years in USA). this is called waiting.



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  • krishgreen
    01-11 10:48 PM
    I don't have answer to your first question. But, I went to Matamoros, Mexico in May 2010 for visa stamping. I wouldn't suggest going to Mexico if you don't have a letter from Client specifying your role on the project with project duration. I was grilled for about 20mins even though I had client letter, w2's for last 5 years. I had to stay overnight in Mexico as they have problems with their printers and could notget the visa printing done the same day. Be prepared to stay in Mexico a day or two incase if you face the same situation.


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  • salvador marley
    04-29 05:35 PM
    yeah keep it kirupa - i thought it was ok - but got not much respone

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  • gccovet
    11-03 08:03 AM
    Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.

    Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.

    My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.

    Please advise.

    In my opinion, leave it as it is.

    also, please spend few minutes to send out 4 letters in support of fight against cases using AC21 and getting denials without any reasons. You might very well fall in this if you plan/have to use your EAD.

    check out

    Thank you for your support.



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  • a_yaja
    03-09 08:04 PM
    I see. And did you attached any documents with that statement?

    Nothing other than the supporting docs:
    1. expired I-94 from passport
    2. 2 photos (with A# written in pencil on the back)
    3. copy of I-485 receipt
    4. sheet with answer to part 7 (including name and a# in header)
    5. check made out to "Department of Homeland Security"

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  • kevnss
    04-01 12:16 PM
    I have posted this message in other threads couple of times but no reply so trying to create a new thread so it can be reviewed. Sorry.

    I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..

    I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.


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  • msyedy
    01-04 09:56 AM
    Let us build a force to push this bill with the help of IV.

    We shall over come

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  • sioux
    11-30 10:36 AM
    the examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position. Thus, although not stated, this argument and analysis should accompany the request for approval under AC21 portability.

    Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.


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  • zCool
    12-18 04:41 PM
    You can't.. It's very risky and not worth the trouble.. I tried and got denied.

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  • vrbest
    12-16 08:49 AM
    This is not true.. First time H4 when the dependant is on in US will NOT have I797. They just go to consulate with spouse's H1B to get H4 Stamped. I-797 for H4 will be received when H4 is extended with H1 here in US. That is what we also have and I have done 3 extensions/stamping for H1/H4 already with no issues

    You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.


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  • same_old_guy
    03-19 05:39 PM
    If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.

    Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.

    Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.

    If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.

    If you are here more that 180 days, you are in serious trouble.

    In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.

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  • uma001
    04-26 10:16 AM
    I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
    Even after getting the receipt on 30th November , i was never sent on project neither paid .
    I waited till 31st December and left the country on 1st Jan 2010.

    What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
    What is the duration period i could get the salary ?

    Please let me know the process to get my pending salary if i am entitled to get any

    Are you trying to come back. Why didnt you try to get back the salary when you were in US?


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  • nhfirefighter13
    June 20th, 2004, 11:13 AM
    The guy in the boxing stance is an aspiring film producer who saw a photo of Jet Li done by Jeff Dunas where everything but the leading fist was in focus and wanted something similar. I like it because it's different.

    The guy crouching....his face is out of focus no photoshop involved, that was my mistake. Unfortunately, I have to go with lighting and posing aspects to hopefully override the focus issue as I'm out of time.

    No comments on the guitar shot? I'm just going to go with a "no news is good news" attitude on that one. :)

    Truth be told, I've had a lot of problems with this portrait class. I've never really done formal portraits (nevermind worked in a full-blown studio environment) before so I had (and still have) a lot to learn.

    Thanks for the comments though. :cool:

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  • vnsriv
    11-12 11:57 AM
    If you go for a permanent position, drug test & background checks are very common and also the process is very simple. Also it depends on the type of sector, for e.g if you go in medicare drug test is must, similarily if you go for financial majors, fingerprinting is common.

    If you are clean you shouldn't worry. Good luck and congrats for new job.


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  • Gravitation
    08-11 07:46 PM
    You should have been changing diapers even without prompting. You job wasn't done at the conception, you know :)

    Ann Ruben
    06-18 07:17 PM
    If your wife wants to transfer to a cap-subject employer, she will only be able to do so if the H-1 quota for the fiscal year has not been used up. If the H-1 cap has not been reached then transferring from a cap-exempt employer is no more difficult than transferring from a cap-subject employer. (though the new start date would have to be Oct. 1 or later)

    02-09 08:46 PM
    Call or Visit your nearest Indian Embassy they should have information on their web site, they usualy take a week and charge 40$.

    I did it 1 year back I remember the procedure was real straight forward in San Fancisco.

    good luck,

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