maverick80
02-11 06:40 AM
I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.
We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.
This would be totally awesome coz I would love to work in some other country for a while.
Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.
We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.
This would be totally awesome coz I would love to work in some other country for a while.
Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.
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indio0617
07-15 05:40 AM
Presently I am on H1B visa status, valid till March 2009. My PD is of June 2005 and I-140 was done in 2005 also, presently trapped in retrogression.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
Advertising requires just one month period. Depending on how much advertising has been done before for the same job. You could typically file for PERM easily by mid september if not sooner.
I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.
In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.
Thanks for your time guys.
Advertising requires just one month period. Depending on how much advertising has been done before for the same job. You could typically file for PERM easily by mid september if not sooner.
wandmaker
05-12 04:04 PM
Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.
I am afraid not, you will have to talk to a tax consultant
I am afraid not, you will have to talk to a tax consultant
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delhikadesi
12-20 11:15 PM
so you are saying that it took 1 year for USCIS to send you NOID?
you'd mentioned 140 withdrawl in dec2009.
AC21 is not mandatory in my opinion ( my lawyer's too) , I changed job this Aug
saw a soft LUD on my 4 years ago approved 140 after changing jobs..it been 3 months to the soft LUD.
seeing your pattern looks like they may send some letter but have not got any yet.
you'd mentioned 140 withdrawl in dec2009.
AC21 is not mandatory in my opinion ( my lawyer's too) , I changed job this Aug
saw a soft LUD on my 4 years ago approved 140 after changing jobs..it been 3 months to the soft LUD.
seeing your pattern looks like they may send some letter but have not got any yet.
more...
waiting4gc02
10-12 03:05 PM
WRONG!!! What date did Fed Ex (or any carrier) leave ur pkg at the Service Center? That's when ur 6-month countdown begins.
So that means it starts prior to Dec'9th for my case..????
So that means it starts prior to Dec'9th for my case..????
sprasad
07-26 02:43 PM
Hello
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
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chanduv23
06-14 11:19 PM
My AOS was denied few months 4 months ago after I switched using AC21. Since my current employer has their own attorney (Pappas Lenzo in Boston) they filed for MTR and it is still pending. I was on my H1 which will expire in another 2 months. The attorneys are saying it takes time for MTR to be successful. But was not sure it would take this long.
Anyone has experience who filed I-485 MTR and it was successfull through this attorney.
Please PM me if you do not want to share the experience in public.
After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.
Do send your story to IV as IV ios collecting such stories
Anyone has experience who filed I-485 MTR and it was successfull through this attorney.
Please PM me if you do not want to share the experience in public.
After 90 days, you can open a service request. On another note if it is a AC21 write to Ombudsman too. Contact your congressman, they also help.
Do send your story to IV as IV ios collecting such stories
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humsuplou
07-02 06:42 PM
Great! Thanks everyone!
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augustus
06-17 07:00 PM
Dear All,
Can you please let me know if the sealed medical report will be given to you by the doctor? or will it be mailed by the doctor to lawyer?
Can you please let me know if the sealed medical report will be given to you by the doctor? or will it be mailed by the doctor to lawyer?
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bijualex29
04-04 12:13 PM
With the situation currently we are facing on H-1B, in my opinion congress may do some quick fix before the CIR implementation. Reforming the H-1B visa, I do not think any thing is wrong in that. In this process of reforming H-1B visa, can we incorporate our mission of at least filing I-485 without visa availability?
Is this too much to ask?
Is this too much to ask?
more...
superdesi
09-15 04:00 PM
From my understanding the I-140 acceptance criteria for EB2 through labor certification, EB2 through NIW, and EB1 are completely different. You may have to redo the entire application process for EB-1(recommendations etc).
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sunny1000
07-05 01:30 AM
My mother-in-law is on a visitor visa. She is supposed to go to india in 10 days. But she had a medical emergency and had a surgery this week. She cannot travel to india right now, as she needs rest after surgery. Can we apply visitor visa extension on medical grounds or is it safe to apply for extension on tourism/visiting grounds, Please advise.
Yes you can. Please explain to USCIS about the surgery and they will give the extension.
Yes you can. Please explain to USCIS about the surgery and they will give the extension.
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aranya
05-17 01:00 PM
Hello
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
yes
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
yes
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raysaikat
08-14 10:51 AM
HI,
I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.
Any information is appreciated.
Thanks,
It is a taxable income (you got a commission for a service). However such a small change in your total household income should change your tax liability very little, and usually people would not bother to withold tax before passing it on. Also if you pass it on, that will probably fall under "gift" and will have different tax codes. For a small amount, such hassles may not be worth. Of course if you get such commissions regularly, or if it a sizable part of your total income, then you need proper calculations.
I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.
Any information is appreciated.
Thanks,
It is a taxable income (you got a commission for a service). However such a small change in your total household income should change your tax liability very little, and usually people would not bother to withold tax before passing it on. Also if you pass it on, that will probably fall under "gift" and will have different tax codes. For a small amount, such hassles may not be worth. Of course if you get such commissions regularly, or if it a sizable part of your total income, then you need proper calculations.
more...
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us_employee
08-24 02:36 PM
Dear Attorney,
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
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krishna_brc
12-07 01:55 AM
yes you can use AP, when you transfer your H1B to new company.
Thankyou
Thankyou
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eb3retro
11-05 05:18 PM
if you have applied in NSC, if you are not pushing it to move (through expedite SR or through local congressman etc), prepare to wait for close 120+ days. I am not kidding.
How long is it taking now a days to get AP approval. I am from TX and e-filed on 2nd Oct (ND 4th OCT 2010) and want to know when I can expect the approval.
How long is it taking now a days to get AP approval. I am from TX and e-filed on 2nd Oct (ND 4th OCT 2010) and want to know when I can expect the approval.
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kumar_77
03-03 09:45 AM
Hello ,
My company file my H1B 3 years back , (from F1-H1), now i have to extend my H1B1 , and my company HR is having a doubt about the fees involeved .
I am sure i have to pay
190 $ - H1 Fees
500 $ - DHS fees
i am not sure if i need to pay 750$ or 1500$ Data collection fees , please suggest .
I 129 application says " if same company filing for , second extension of stay , this fees need not be payed " please advise
kumar
My company file my H1B 3 years back , (from F1-H1), now i have to extend my H1B1 , and my company HR is having a doubt about the fees involeved .
I am sure i have to pay
190 $ - H1 Fees
500 $ - DHS fees
i am not sure if i need to pay 750$ or 1500$ Data collection fees , please suggest .
I 129 application says " if same company filing for , second extension of stay , this fees need not be payed " please advise
kumar
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s_r_e_e
08-25 10:43 AM
had same issue when i applied, last july. Attorney said H4 receipt missing shouldnt be a problem.
~Kipper~
04-17 08:49 AM
its actullay found here on the site. if you look on home page its the image beside site of the week.
i hope this aint breaking a rule :s
i hope this aint breaking a rule :s
cooolvick
08-25 06:02 AM
Hi,
I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.
1. Who should apply I824? employer or individuals ( in this case myself)?
2. If employer need to apply, should it be current employer?
3. how long does it generally take?
4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
5. What other documents are required?
Please help
Thanks,
Vikram
I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.
1. Who should apply I824? employer or individuals ( in this case myself)?
2. If employer need to apply, should it be current employer?
3. how long does it generally take?
4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
5. What other documents are required?
Please help
Thanks,
Vikram
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