h_shaik
08-08 04:18 PM
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
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vedicman
10-21 09:56 AM
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
Two choices God:
1. Amen
2. Give him some sense :)
(Oh almighty, summon this old man away from us)
Two choices God:
1. Amen
2. Give him some sense :)
GotGC??
03-27 02:09 PM
You missed the sarcasm, never mind :)
Yes, depending on how the educational requirements in your LC is worded - I mean right down to the last word - it just might leave you with some room for manoeuvre.
Yes. I have paid quite amount of money to fill the PERM application.
So, what you are saying that I actually can continue the process?
Yes, depending on how the educational requirements in your LC is worded - I mean right down to the last word - it just might leave you with some room for manoeuvre.
Yes. I have paid quite amount of money to fill the PERM application.
So, what you are saying that I actually can continue the process?
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H1InTrouble
09-18 04:05 PM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
more...
sys_manus
01-28 09:48 AM
I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
thomachan72
09-07 09:59 AM
you also should note that the writer does not talk about NRE / FCNR accounts at all. The interest income from these accounts has been declared completely exempt (no matter how much) from income tax. So on one hand you have accounts which are completely exempt and on the other (NRO) you are going to tax more???
more...
tabletpc
03-28 02:50 PM
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
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JK747
07-16 09:25 AM
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
Micofrost is CORRECT. My wife is on H4 and working on EAD currently. My lawyer had also confirmed that working on EAD does not affect H4 status.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
Micofrost is CORRECT. My wife is on H4 and working on EAD currently. My lawyer had also confirmed that working on EAD does not affect H4 status.
more...
sledge_hammer
07-16 08:33 AM
Hi,
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?
I haven't heard of any employer "notifying" USCIS about an employee's EAD status!
Thanks!
It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
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plassey
07-24 09:58 AM
These are some good options but don't agree fully with F-1 strategy. For F-1 u have to show non immigrant intent. So u can delay ur marriage registeration. I think it is better if he applies for F-1 without disclosing that he is married.
People, First of all, if you don�t have answers please dont post junk!
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
People, First of all, if you don�t have answers please dont post junk!
Options:
1. Bring him to USA on F-1. With a good GRE, TOEFL score, an admit from a good university and a true passion to do M.S. will help get a F-1 Visa. Also, your friend can pay for his first semester fees, which will also help to build a strong F-1 case.
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
3. I am not too familiar with "Follow-to-join" process, but that might be an option. ***May not be applicable, but just a thought***
4. Like someone mentioned, both of you relocate to Canada, where its easier to get Perm residency.
5. Ask her to apply for Citizenship whenever she is eligible, so that, its much easier to bring the spouse in. ***Might take a few years, but it still is an option***
Hope these help.
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crystal
09-14 03:43 PM
i understood that. I was just kidding :Di meant the quality was like, that perhaps my computer is messing it up
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inskrish
05-02 12:23 AM
thanks snathan. I do plan to carry i-797. When you say "you will be given till aug 2009", what are you referring to?
It's I-94
It's I-94
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tnite
08-09 10:39 PM
bump
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surachi
01-16 04:00 PM
Any updates on this issue?
Thanks
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
Thanks
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
more...
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Skip
March 9th, 2004, 12:34 PM
SB-26 will be a problem. You cannot use TTL flash mode with any Nikon digital camera. It would be like going back to an old thyristor auto flash. Only the DX series flashes work with the digitals.
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balu_g
01-06 08:07 AM
Hi Mayra75, Yes this is a bad situation for immigrants. Hope it will be resolved in 2006. If you dont have any other option, you can look for a job in a University or a Non-profit organization which does not come under the cap.
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07-07 12:33 PM
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sanju
02-16 08:50 AM
1.) The total pay in LCA is most likely for the entire year. If you worked for 6 months, simply divide the LCA per year pay by half and use that as a basis to decide. Since you said that your month-wise wage was higher than the LCA wage, I think you are in safe zone. Did you mean to say that you pay was less than the 1/2 (i.e. for 6 months) of the pay specified in LCA? Please clarify.
2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.
And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.
Hope this is helpful.
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.
And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.
Hope this is helpful.
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
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walking_dude
03-20 10:11 AM
There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.
http://www.electoral-vote.com/evp2008/Senate/senate_races.html
And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.
I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
http://www.electoral-vote.com/evp2008/Senate/senate_races.html
And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.
I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
go_guy123
11-03 08:55 PM
http://www.youtube.com/watch?v=INo69f7f8bo
About CIR.
He talks of more H1B.....no green cards :(
About CIR.
He talks of more H1B.....no green cards :(
YesGC_NoGC
03-19 10:06 PM
There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
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