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....
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irukandji
03-24 03:03 PM
there is a little logic involved here. what if you changed the jobs between your AC21 and latest NOID. I think CIS just wants to make sure you are still hired by issuing a NOID even though they looked into AC21.
BTW I had the same situation and I had to respond to NOID with the same emp letter.
BTW I had the same situation and I had to respond to NOID with the same emp letter.
godblessamerica_2009
02-16 02:08 PM
I am filing my 485, EAD and AP in EB2 ROW this week, and my labor priority date is Jan 26, 2008.
How the 485 approval process works. ??
How long it takes to get it approved ?
How the 485 approval process works. ??
How long it takes to get it approved ?
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prem_goel
07-26 12:56 PM
I just e-filed my EAD application. Unfortunately, right after I made the payment thorugh Credit Card and it generated the PDF receipt, I noticed that my country of Citizenship/Nationality is entered as USA, instead of INDIA. Everything else on the form is correct.
Can anyone advise how to correct this error? I haven't send any supporting documentation. Should I just highlight this in my cover letter when I send the supporting documentation? Or call up USCIS Customer Service and they can correct that maybe?
Please advise guys,
Thanks
Can anyone advise how to correct this error? I haven't send any supporting documentation. Should I just highlight this in my cover letter when I send the supporting documentation? Or call up USCIS Customer Service and they can correct that maybe?
Please advise guys,
Thanks
more...
neeidd
07-08 07:31 PM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
4yourforGC
03-20 01:12 PM
thanks fittan, actually the salary will be much lower, about 30K - 40K lower. is there any problem?
more...
nixstor
03-12 04:13 PM
roseball,
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
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camphor
12-07 09:38 PM
My wife and I are scheduled to go for fingerprinting this month. We have a year old son and obviously we are planning to take him with us as well. Do I need to take any form of ID / birth certificate of my son (obviously he is not to be fingerprinted) but not sure what the rules are with respect to carrying infants for the interview. Anyone who has fingerprinted in a similar situation?
more...
desitechie
01-16 10:07 PM
Hi,
I am planning to apply my Green card. However I am a bit confused which category will I fall to ? EB2 or EB3 ?
As per my job requirement details, it is as below:
i ) Bachelor degree in technology related field.
In the detailed experience seeked, it says as below:
i) Five years of experience with installing, maintaining servers.
ii) Three years of practical experience in routing and network security.
I have more than 5 years of working experience (which they seeked) before I started this job.
Under which category will it fall under, EB2 or EB3 ?
Thank you
Looks EB2 to me.
Is it the biggest networking firm which has the prominent law firm thats sponsoring?
I am planning to apply my Green card. However I am a bit confused which category will I fall to ? EB2 or EB3 ?
As per my job requirement details, it is as below:
i ) Bachelor degree in technology related field.
In the detailed experience seeked, it says as below:
i) Five years of experience with installing, maintaining servers.
ii) Three years of practical experience in routing and network security.
I have more than 5 years of working experience (which they seeked) before I started this job.
Under which category will it fall under, EB2 or EB3 ?
Thank you
Looks EB2 to me.
Is it the biggest networking firm which has the prominent law firm thats sponsoring?
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ssdtm
12-12 08:43 PM
Did you ever used EAD? Just getting an EAD does not mean you were on EAD.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
Also AP does not invilidate your H1. If you are working with the H1 sponsoring employer and never used EAD, then you need not worry.
more...
mygc2006
05-28 11:02 AM
thanks Wandmaker!
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supercomp
01-26 01:04 AM
I am asking this question for relative of mine. I wanted to get some honest opinions.
My relative was manager in India for family company (extended family) for 3-4 years. He received visitor visa about 2 years ago, and subsequently arrived in US.
After taking extended tour of US, he felt that he could expand Indian company's business in US. His companied in India tried to open up business in US. He received L1A for 1 year. However, due to bad economy, business advantature wasn't successful.
He wanted to try to stay in US and try some other management position for established company. Subsequently applied for H1B. He recently received denial notice from USCIS.
Currently, original L1A is expired. L1A extension is pending (lawyer was late in filing, and only filed 7 days before expiration of original L1A).
Is he out of status at this point (expired L1A and denied H1B)? L1A extension is still pending.
What are his option if he wants to stay LEGALLY in US?
Please excuse my ignorance but I do not know much about immigrations, as I am US Citizen myself and never had to go through this grusome process.
I would also appreciate attorney's input.
My relative was manager in India for family company (extended family) for 3-4 years. He received visitor visa about 2 years ago, and subsequently arrived in US.
After taking extended tour of US, he felt that he could expand Indian company's business in US. His companied in India tried to open up business in US. He received L1A for 1 year. However, due to bad economy, business advantature wasn't successful.
He wanted to try to stay in US and try some other management position for established company. Subsequently applied for H1B. He recently received denial notice from USCIS.
Currently, original L1A is expired. L1A extension is pending (lawyer was late in filing, and only filed 7 days before expiration of original L1A).
Is he out of status at this point (expired L1A and denied H1B)? L1A extension is still pending.
What are his option if he wants to stay LEGALLY in US?
Please excuse my ignorance but I do not know much about immigrations, as I am US Citizen myself and never had to go through this grusome process.
I would also appreciate attorney's input.
more...
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LookingForGC
07-09 01:12 PM
Thank You! It helps.
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rabbitboy33
03-08 07:11 AM
Can the lawyer ask for the missing form; and will it have to be done by the USCIS at the I-140 stage? I was under the impression that only the USCIS can do this?
Thanks. I appreciate all your responses. They have been very useful.
Thanks. I appreciate all your responses. They have been very useful.
more...
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asiulek
09-12 07:33 PM
I did work on J1 part time 19 hours a week on campus while I was a student but I did not mention it.
It's not a problem if you don't mention it cuz you can always explain that it was not professional. BUt again it all depends on your IO.
I had a F/T job 2 years ago and I did not mention it on G325 cuz I did not get W2 for that. Maybe I should have. Oh well I have an interview in less than a month we will see what will happen...
It's not a problem if you don't mention it cuz you can always explain that it was not professional. BUt again it all depends on your IO.
I had a F/T job 2 years ago and I did not mention it on G325 cuz I did not get W2 for that. Maybe I should have. Oh well I have an interview in less than a month we will see what will happen...
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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.
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.
more...
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pinganand
07-04 10:35 PM
Hi,
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.
thanks!
Anand
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.
thanks!
Anand
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fiestagirl
05-28 08:16 PM
Dealsnet:
From the information I can gather, all medical professionals say that the tetanus vaccination is safe. However I am hugely opposed to vaccinations ever since I had a hideous reaction to a flu shot, but I'm opposed to vaccines especially in pregnancy and USCIS will not accept me not having the tetanus vaccine. Our immigration doctor said I have no choice. I also don't like the mercury and formaldehyde that they put in vaccines and the fact they say it "won't hurt" my baby doesn't go well with me at all. It's interesting how the medical community says "sure, have the shot" yet people in other forums that I've seen say "don't do it!!"
From the information I can gather, all medical professionals say that the tetanus vaccination is safe. However I am hugely opposed to vaccinations ever since I had a hideous reaction to a flu shot, but I'm opposed to vaccines especially in pregnancy and USCIS will not accept me not having the tetanus vaccine. Our immigration doctor said I have no choice. I also don't like the mercury and formaldehyde that they put in vaccines and the fact they say it "won't hurt" my baby doesn't go well with me at all. It's interesting how the medical community says "sure, have the shot" yet people in other forums that I've seen say "don't do it!!"
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lelica32
07-31 08:17 AM
Hi,
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
hebron
07-27 07:00 AM
Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
mn1975
08-19 12:49 PM
thanks for the reply
just one question: Do i need liability insurance if i work for a person who has contract with the client?
just one question: Do i need liability insurance if i work for a person who has contract with the client?
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