PBECVictim
07-16 03:34 PM
When did you apply for AP renewal? Did you e-file? Don't worry about RFE on Advance Parole renewal. It could be photo or previous AP approval copy or I-485 receipt missing or incorrect fee. Wait until you get RFE. Please let us know, if it is trivial.
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Ramba
10-27 05:11 PM
Hi,
I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD
1. Is it Mandatory to file AC21? No
2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.
3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
Thanks in Advance....
I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD
1. Is it Mandatory to file AC21? No
2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.
3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
Thanks in Advance....
BMS1
11-02 05:47 PM
1. You can work with EAD for whomever you want.
2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.
This is my opinion.
2. Technically someone may be able to establish that this is legal. But you may have to be very careful and may end up having to prove that both you and the original sponsor had real intent to have the employment relationship and may have to explain why that intent could not be translated to reality. If your explanation is not satisfactory to the adjudication officer (this ia a subjective matter), he can treat the whole affair as fraud and you will have your hands full for a long time.
This is my opinion.
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immigal
08-13 12:37 AM
Can some senior members please answer my question? The previous answer does not help.
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santa123
08-06 08:00 PM
Friends,
There used to be a number of threads created / discussed every day on IV... those good ol' days... a lot of good discussions on a variety of topics, including immigration:D
But of late I am seeing fewer threads on IV and wondering what could be the reason.
1. Either a lot of folks got greened and stopped visiting IV
2. or a lot of folks lost jobs & abandoned their GC process
3. or a lot of folks got frustrated and left for their home countries
Is this just me feeling this way or...?
There used to be a number of threads created / discussed every day on IV... those good ol' days... a lot of good discussions on a variety of topics, including immigration:D
But of late I am seeing fewer threads on IV and wondering what could be the reason.
1. Either a lot of folks got greened and stopped visiting IV
2. or a lot of folks lost jobs & abandoned their GC process
3. or a lot of folks got frustrated and left for their home countries
Is this just me feeling this way or...?
Rockey
02-29 07:23 PM
Any one who have marked No for these questions even after applying for 140 and 485..:confused: Please post...
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SGP
05-19 08:58 AM
My PERM was filed and I got the following email from my lawyers
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
1. Your company or attorney can check the status on http://www.plc.doleta.gov/splash.cfm?CFID=2535523&CFTOKEN=89747015. They must have already got the case# for your application.
2. The forums are correct. As of today the processing time is approx 60 days.
" Labor Certification by ABC ABC, Inc. on your behalf has been submitted via the Department of Labor�s (DOL) Permanent Online System as of the above date (April 1) . The application will be adjudicated by a National PERM Processing Center. As the DOL does not currently have a processing schedule for PERM applications, we are unable to predict how long processing will take. In the past, PERM applications have been adjudicated anywhere from a few weeks to several months. Unfortunately, there is currently no way for beneficiaries to check the status of the application. We will contact you as soon as we hear anything specific regarding your case. "
1. Is there any place where you can check the status ? Since I do not have any reference number, and from the text of the email, I doubt that.
2. I checked some forums and found that the average processing time is 60 days. Which processing center should I be looking for ? (I work at Oracle in SFO)
1. Your company or attorney can check the status on http://www.plc.doleta.gov/splash.cfm?CFID=2535523&CFTOKEN=89747015. They must have already got the case# for your application.
2. The forums are correct. As of today the processing time is approx 60 days.
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natrajs
04-02 01:52 PM
I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?
If Everything set and once Your PD becomes current, Then you will hit the Lotto.
Hope the Best
If Everything set and once Your PD becomes current, Then you will hit the Lotto.
Hope the Best
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tabletpc
12-22 03:20 PM
Can others give their inputs too....thanks...!!!
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mayitbesoon
11-16 12:20 PM
Please help me in this regard.
I came to US in Sep 2003 using H4 visa. Later in 2004 I applied for H1 visa with two different companies. first one got approved in Oct 2004, second one got approved in Nov 2004. I started working with the second company since Dec 2004.
Now, is it wrong not joining the first company upon approval. Since H1 status starts as soon as visa is approved, have i violated any status rules here by not working with first company at all?. What would be my status since the first H1 was approved and until i started working with second company?
Had i been out of status during the time period between Oct and Nov 2004?
Thank you.
I came to US in Sep 2003 using H4 visa. Later in 2004 I applied for H1 visa with two different companies. first one got approved in Oct 2004, second one got approved in Nov 2004. I started working with the second company since Dec 2004.
Now, is it wrong not joining the first company upon approval. Since H1 status starts as soon as visa is approved, have i violated any status rules here by not working with first company at all?. What would be my status since the first H1 was approved and until i started working with second company?
Had i been out of status during the time period between Oct and Nov 2004?
Thank you.
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neelu
01-04 11:00 AM
http://www.businessweek.com/smallbiz/content/jan2007/sb20070103_187304.htm?chan=search
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
Dear Vatsa,
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
The silence from those of us not affected by the green card process who are legal immigrants is annoyingly deafening. The entire economy has picked up now and yet legislation takes forever to pass!
What does it take for lawmakers to turn their heads? People holding placcards and signs on streets protesting? Is that the only way to have something heard? Obviously, written articles such as these isn't helping!
Dear Vatsa,
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
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ubaidu
10-25 08:35 PM
Folks,
I am on EB3 with 140 approved. My PD is Dec 2002. My company is ok to give me a promotion and re-apply on EB2. I have roughly 8 years of experience as a software engineer. According to my company's lawyer I may still have a problem because my university education is not in computers. I have 3 years degree in mathematics (BSc) and 2 years in business (MBA). I also have 2 years diploma in computers.
Anybody has any experience with such a case? Any suggestions or ideas?
What is the risk if I decide to take a chance ?
Thanks a lot..
Ub
I am on EB3 with 140 approved. My PD is Dec 2002. My company is ok to give me a promotion and re-apply on EB2. I have roughly 8 years of experience as a software engineer. According to my company's lawyer I may still have a problem because my university education is not in computers. I have 3 years degree in mathematics (BSc) and 2 years in business (MBA). I also have 2 years diploma in computers.
Anybody has any experience with such a case? Any suggestions or ideas?
What is the risk if I decide to take a chance ?
Thanks a lot..
Ub
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GCBy3000
07-08 10:06 AM
It is illegal if the part time employer paid you directly. However, I believe it would not be illegal if you were paid by one employer.
Example : Working for employer A on his payroll. ( COnsulting)
Consulting for B - fulltime
Consulting for C - Partime
Both pay your consulting company and that company pay you through single pay roll. Will this be illegal? I am not sure. By the way, I did not do this, but it came across my mind.
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
Example : Working for employer A on his payroll. ( COnsulting)
Consulting for B - fulltime
Consulting for C - Partime
Both pay your consulting company and that company pay you through single pay roll. Will this be illegal? I am not sure. By the way, I did not do this, but it came across my mind.
Folks, can security check uncover unauthorized part time work whiles on H1. Will this be reported to USCIS? If so will that be a basis for denial for a green card? Any information or precedence?
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logiclife
06-22 12:18 PM
Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
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gh0st
06-24 03:20 PM
I voted for grinch becuase his second image was amazing!
But this was a tough battle, great job guys
But this was a tough battle, great job guys
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americandesi
10-26 04:14 PM
There's no requirement for a person to be present in US while PERM or I-140 is getting processed.
During the AOS stage, a person may opt for Consular Processing or I-485. The former doesn’t require any presence in US whereas the latter does.
During the AOS stage, a person may opt for Consular Processing or I-485. The former doesn’t require any presence in US whereas the latter does.
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javadeveloper
08-08 10:01 AM
I think so , after july 2nd , my company waited for a week and applied on 9th july
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memyselfandus
07-27 12:08 AM
You will receive the receipit with-in 3 months or at worst in 6 months and then the medical report.
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mmrao2007
06-14 02:56 PM
What happens after the I-485?
I guess I-486:D
Or Take I 85 North on next Exit
I guess I-486:D
Or Take I 85 North on next Exit
b3mus3d
11-15 02:34 PM
Love em :love::thumb:
;)Thanks! Hopefully it'll get added to the main page soon.
I've realised how 'old' the whole stamp thing is on Kirupa now, so I'll be visiting the other boards :D
;)Thanks! Hopefully it'll get added to the main page soon.
I've realised how 'old' the whole stamp thing is on Kirupa now, so I'll be visiting the other boards :D
synergy
01-29 11:29 PM
I am on H1B for the past 8 years. EB3 2003 Jan /140 approved long back. Has a valid EAD but never used. I recently changed my employer and the new employer did H1B transfer rather than using EAD.The company lawyer submitted an AC21 application along with the H1b transfer. Due to some family reasons ,the new job seems to be not going to work for me. Is it possible for me to find another job and work under my EAD ? What will happen my new empoyer cancel my H1B ?How many times I can use AC21? Is there a time difference before using the AC21 ?
