snathan
05-04 01:45 PM
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
When the employe and employer are two different entity...why can not?
I will have a very good employer- employe relationship...:D
When the employe and employer are two different entity...why can not?
I will have a very good employer- employe relationship...:D
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saisiv
07-23 03:54 PM
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
grupak
03-24 11:39 AM
AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.
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510picker
November 30th, 2008, 09:28 PM
So what made you switch?
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icecolor
09-12 09:00 AM
Send the link to this thread to your employer and let him know that he cannot even pull a small hair from your head.
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
For a change, your employer sounds like a big time Joker.. ask him/her to take a break and be a joker on the road..
First and far most.. If your employer is really sending a cancellation letter to USCIS for your H1, he is trying to rub his own Ya$$.. the ultimate loser is not YOU, but He/She and his company.. No employer with brain will send an official cancellation letter..
On the other hand, you are still on H4 status and directly getting on to EAD, so, you never used the so called H1, which means, if he messes up with you, you will be intact.
Also your employer can not do anything for your husband as well for his 485 processing etc, again at 485 stage, your hubb's employer dont need to do anything other then your hubb is on payroll for 180 days from the receipt date of 485.
In a genral when your employer contacts you again, tell him to have fun in Honolulu :P no worries...
LostInGCProcess
02-24 05:33 PM
Hi-
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.
Thanks
If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.
If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.
However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.
Chao
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dollar500
04-10 11:39 AM
AFAIK it's not published yet. Also it's two years extension which is under review not three years.
Good luck
Good luck
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forgerator
01-30 05:47 PM
I am actually doing this right now. See my signature.
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rahulpaper
11-17 07:48 AM
Your priority date should be prior to cutoff date in visa bulletin to file a 485.
Also...your priority date should be prior to cutoff date in visa bulletin for you to get final approval (visa number and green card).
The administrative processing (FP/NameCheck etc) continue if the cutoff date retrogresses after one has filed 485 but the final approval will not happen untill your PD is greater than cutoff date in visa bulletin.
I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?
Also...your priority date should be prior to cutoff date in visa bulletin for you to get final approval (visa number and green card).
The administrative processing (FP/NameCheck etc) continue if the cutoff date retrogresses after one has filed 485 but the final approval will not happen untill your PD is greater than cutoff date in visa bulletin.
I have applied for my 485 in July because then the PD's were current. Now the PD's are moved back . Does that i will get my GC delayed too. Does the processing of 485 is related to PD's . I thought the PD's are only related to the dates when you can apply for 485 not processing. Correct me if i am wrong.if PD's are also related to getting GC's then what the I-485 processing dates?
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WeShallOvercome
07-26 01:49 PM
I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
Man,
First of all change your title. It looks like you actually did get an RFE !
Secondly, they do not ask for your status since first entry. They look for last entry.
I've never seen any RFE like this.
I know 200,000 people who do not have their past I-797s and/or I-94s, none of them is worried....
If Immigration let you enter ona visa last time, alll your previous sins are forgotten!
Chill
And please change the title
All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.
I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.
I don't have all the I-94s either. I do have the visa stamp on my passport.
Man,
First of all change your title. It looks like you actually did get an RFE !
Secondly, they do not ask for your status since first entry. They look for last entry.
I've never seen any RFE like this.
I know 200,000 people who do not have their past I-797s and/or I-94s, none of them is worried....
If Immigration let you enter ona visa last time, alll your previous sins are forgotten!
Chill
And please change the title
more...
nogc_noproblem
04-09 04:41 PM
Whether the IO at Port of Entry asked anything about your H1B Visa Stamp?
My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
Has anyone withdrawn their H1B visa stamping application before ?
Appreciate any information on this.
My H1B visa stamping application finally got approved after 2 months at the Mumbai consulate. But I travelled back on the AP a month back as my employer started getting impatient.
I have received an email from them asking to submit the passport for stamping as the administrative processing on the application is completed.
I am planning to write back to them that I no longer need a visa stamp for travel as I travelled back on the AP. Would this be a bad idea ?
Has anyone withdrawn their H1B visa stamping application before ?
Appreciate any information on this.
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conchshell
08-14 07:36 PM
Enjoy n congratulations!!
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JunRN
07-16 11:43 PM
LC filing- No
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
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number30
04-09 01:57 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
Since you did not transfer your H1 you need an advance parole. You could have entered with old stamping if you had H1 transferred to the new employer. So you need a AP for travelling
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
Since you did not transfer your H1 you need an advance parole. You could have entered with old stamping if you had H1 transferred to the new employer. So you need a AP for travelling
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JazzByTheBay
08-21 01:11 PM
Very helpful response!
Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.
Thanks again,
jazz
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.
Thanks again,
jazz
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
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chi_shark
12-03 02:13 PM
hope you are not talking about quixtar/amway or reliv business?
sorry to disappoint you... i dont have quixtar or amway and none you guys can be potential customers unless you are business people who need marketing help in the specific industry that i am in... so - no - i am not going to throw you a sales pitch if you respond with your wisdom...
sorry to disappoint you... i dont have quixtar or amway and none you guys can be potential customers unless you are business people who need marketing help in the specific industry that i am in... so - no - i am not going to throw you a sales pitch if you respond with your wisdom...
more...
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lccleared
04-15 10:14 AM
We had the same situation and ones got rejected.
By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.
Hope this helps out.
Thanks.
By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.
Hope this helps out.
Thanks.
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horscorp
03-09 01:49 PM
Hello Ann,
Perm application which has been pending is now approved. Can we go ahead with the transfer of H1B or wait for the application of I140?
thanks
horscorp
Perm application which has been pending is now approved. Can we go ahead with the transfer of H1B or wait for the application of I140?
thanks
horscorp
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nousername
03-18 09:35 PM
What happens if your W2 is higher then the prevailing wage? Like $22K higher?
You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.
I
You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.
I
alex77
10-18 05:15 PM
Bad..In that case, how can you be sure that they have filed your I140? Not sure if USCIS can provide receipt number based on your name and DOB but you may try calling them.
The Problem is my employer is not sharing this information with me.I want to make decision of moving the employer only if i know that my 140 is approved. My fear is that my employer may tell me that 140 is still pending even if it is approved.
The Problem is my employer is not sharing this information with me.I want to make decision of moving the employer only if i know that my 140 is approved. My fear is that my employer may tell me that 140 is still pending even if it is approved.
desi3933
02-18 07:06 AM
I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.
Please share your thoughts...
Thanks
You status is H1 and you are accumulating out-of-status days.
If your spouse is maintaining H1 status, you can go for H4 visa stamping. You may also use AP to travel.
If you re-enter US on H4, your status will be H4. However, if you have valid EAD, you can use that for work.
______________________
Not a legal advice.
US citizen of Indian origin
Please share your thoughts...
Thanks
You status is H1 and you are accumulating out-of-status days.
If your spouse is maintaining H1 status, you can go for H4 visa stamping. You may also use AP to travel.
If you re-enter US on H4, your status will be H4. However, if you have valid EAD, you can use that for work.
______________________
Not a legal advice.
US citizen of Indian origin
