WAIT_FOR_EVER_GC
11-11 01:11 PM
Hello,
how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
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how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
ASK LAWYER FOR FREE in the FREE ATTORNEY CONFERENCE CALL
EVERY WEEK IT IS FREEEEEEEE
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srikanth003
04-01 10:10 AM
@sac-r-ten - thanks a lot for you quick response... sounds similar to what i've been hearing so far...hope nothing changed recently...
if any one with recent experience on this, please post ur reply. highly appreciated.
if any one with recent experience on this, please post ur reply. highly appreciated.
tammman
07-21 03:48 AM
Hello IV Gurus,
Below is my info and kindly let me know your thoughts
My Current Status: H1B
EAD start date: 1st Nov 2007 (Didnt start using it yet)
Occupation Title: Computer Software Enginner
OES Code: 15-1031
New Position: Sales Consultant
For the Sales consultant position the description is much more technical and macthes 50% with whats Computer Software Enginner.
1. What are the immigration steps that need to be considered for the portability(AC21) ?
2. If new corporation says we cannot do the portability because of say OES code or something else what are the options to still take the job ?
Let me know !!
Below is my info and kindly let me know your thoughts
My Current Status: H1B
EAD start date: 1st Nov 2007 (Didnt start using it yet)
Occupation Title: Computer Software Enginner
OES Code: 15-1031
New Position: Sales Consultant
For the Sales consultant position the description is much more technical and macthes 50% with whats Computer Software Enginner.
1. What are the immigration steps that need to be considered for the portability(AC21) ?
2. If new corporation says we cannot do the portability because of say OES code or something else what are the options to still take the job ?
Let me know !!
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chi_shark
07-29 04:11 PM
yes! thats what ac21 is for...
in my case, i talked to a lawyer before i did ac21. i will also talk to lawyer again if i change jobs again.
485 : Pending
140- Approved in year 2006
Current status: Working on EAD
I left my GC Sponsered company in Oct 2008 and started working on EAD.. >> Filled AC21 in N0v 2008 thru a consulting company >>
Got RFE on employment verification on May 2009.. replied and have no comments from USCIS yet.. (assuming everything is okay as their repsonse time 60 days elapsed)
Now got rolled out from project and no paycheck form since june 2009
and Now found a project but the vendor wont do corp-to-corp..but only W2...
THIS CASE CAN I JOIN WITH this Vendor ON W2 With out applying for one more AC21??
Appreciate your ideas.. thanks lot
in my case, i talked to a lawyer before i did ac21. i will also talk to lawyer again if i change jobs again.
485 : Pending
140- Approved in year 2006
Current status: Working on EAD
I left my GC Sponsered company in Oct 2008 and started working on EAD.. >> Filled AC21 in N0v 2008 thru a consulting company >>
Got RFE on employment verification on May 2009.. replied and have no comments from USCIS yet.. (assuming everything is okay as their repsonse time 60 days elapsed)
Now got rolled out from project and no paycheck form since june 2009
and Now found a project but the vendor wont do corp-to-corp..but only W2...
THIS CASE CAN I JOIN WITH this Vendor ON W2 With out applying for one more AC21??
Appreciate your ideas.. thanks lot
more...
glus
09-24 09:03 AM
Hello,
It often takes a few letters to be sent to USCIS before anything happens in such situations. It seems like USCIS sometimes disregards attorneys' letters. But once someone takes the letter seriously, you should see some soft LUDs on your case; although it does not always happen.
It often takes a few letters to be sent to USCIS before anything happens in such situations. It seems like USCIS sometimes disregards attorneys' letters. But once someone takes the letter seriously, you should see some soft LUDs on your case; although it does not always happen.
sameer2730
06-28 08:37 PM
Does the "Receipt Rule" apply if an approved EAD is lost in email and a replacement EAD is applied for. The documentation mentions that it is valid to accept the EAD receipt for upto 90 days after joining date or for 90 days after reverification(which I presume happens after the current EAD expires)
?
?
more...
jthomas
11-24 11:08 PM
I don't think one can open a account from india in US bank. However i had visited a website which says that anyone in the world can do business from USA. I tried it but did not.
I am in H1B and i opened a business account in USA. The procedure is to get a fititcious businesss name from the citi and open a account in any of the banks. Later apply for a business license from the city. Every year you will have to file tax return (i do it on the month of december). It is very easy and consulars help over there. Additionally you have a advantage to talk to any of the SCORE/SBA members and improve your business.
Regarding opening a business account, Wells fargo charges $10/- every month and later if you talk to them about low activity account they will charge you $8/- per month. Citibank needs a lot of information and they charge $10/- a month. I had avoided citibank after spending 3 hours interacting with the teller. The best is Washington Mutual (which is Chase now). there is no charge and i think they need atleast one transaction every year.
Hope this helps.
I am in H1B and i opened a business account in USA. The procedure is to get a fititcious businesss name from the citi and open a account in any of the banks. Later apply for a business license from the city. Every year you will have to file tax return (i do it on the month of december). It is very easy and consulars help over there. Additionally you have a advantage to talk to any of the SCORE/SBA members and improve your business.
Regarding opening a business account, Wells fargo charges $10/- every month and later if you talk to them about low activity account they will charge you $8/- per month. Citibank needs a lot of information and they charge $10/- a month. I had avoided citibank after spending 3 hours interacting with the teller. The best is Washington Mutual (which is Chase now). there is no charge and i think they need atleast one transaction every year.
Hope this helps.
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jay75
04-19 01:06 PM
Does anyone hv gone thru this??
My wife has similar situation, found some scars and further so many tests (sputums, broncoscopy) done and all were negative. And as a precautionary measure, she took 9 months INH medication.
Meeting with Civil surgeon to fill out the new I693 form again with all the details as requested by USCIS via a RFE. Back in 2007 the civil surgeon just marked as abnormal xray and patient under complaint and care. So, USICS asked for the follow-up details, medication taken and a clearance from civil surgeon stating that there is no active TB and no further evaluation required.
Will keep posted. Any others in similar situation?
My wife has similar situation, found some scars and further so many tests (sputums, broncoscopy) done and all were negative. And as a precautionary measure, she took 9 months INH medication.
Meeting with Civil surgeon to fill out the new I693 form again with all the details as requested by USCIS via a RFE. Back in 2007 the civil surgeon just marked as abnormal xray and patient under complaint and care. So, USICS asked for the follow-up details, medication taken and a clearance from civil surgeon stating that there is no active TB and no further evaluation required.
Will keep posted. Any others in similar situation?
more...
cbpds
05-24 02:30 PM
hi,
I am planning to extend the visitor visa for my mom for another two months.
Her current I94 expires on June 25th and At POE the officer told her that she must go back after 6 months.
If I apply for extension of her visa and in case she does not get any result before current I-94 expiry date, is it wise to stay on or leave US in order to avoid overstays?
2.What happens if she gets a rejection before her current I94 expiry, will she need leave earlier and apply for new visitor visa?
Appreciate your answers
Thanks
I am planning to extend the visitor visa for my mom for another two months.
Her current I94 expires on June 25th and At POE the officer told her that she must go back after 6 months.
If I apply for extension of her visa and in case she does not get any result before current I-94 expiry date, is it wise to stay on or leave US in order to avoid overstays?
2.What happens if she gets a rejection before her current I94 expiry, will she need leave earlier and apply for new visitor visa?
Appreciate your answers
Thanks
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saturnring11
12-20 06:13 PM
Does anybody know which ASC in the bay area allows walk-ins? I missed my appointment and need to get this thing taken care of before I travel (I'm going to be out of the country Jan-Feb).
I tried walking into the San Jose center but they asked me to reschedule my appointment. I'd appreciate any advice.
Thanks.
I tried walking into the San Jose center but they asked me to reschedule my appointment. I'd appreciate any advice.
Thanks.
more...
maine_gc
08-11 01:51 PM
Hi,
My I140 got denied early this year and the appeal is pending. Processing times for the appeal is 22 months. My priority date will be current next month. Because of that i am considering to refile my I140 and 485 again and withdraw the appeal.
1) Can we refile I140 with the same category (EB2)
2) Can USCIS just deny the new I140 because of the earrlier denial
3) Is there any one who tried this. What is the outcome of the new I140 application.
Please share your experience and also please advice
Thanks in advance
My I140 got denied early this year and the appeal is pending. Processing times for the appeal is 22 months. My priority date will be current next month. Because of that i am considering to refile my I140 and 485 again and withdraw the appeal.
1) Can we refile I140 with the same category (EB2)
2) Can USCIS just deny the new I140 because of the earrlier denial
3) Is there any one who tried this. What is the outcome of the new I140 application.
Please share your experience and also please advice
Thanks in advance
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nid
03-18 02:37 PM
Thanks Crazymonk.
Does it always go to consular processing for 2nd option?
I was more inclined towards 2nd option thinking that whether or not I get I94, if in case I have to use it, I can make a trip to India and get the stamping done?
Thoughts?
Does it always go to consular processing for 2nd option?
I was more inclined towards 2nd option thinking that whether or not I get I94, if in case I have to use it, I can make a trip to India and get the stamping done?
Thoughts?
more...
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swo
09-28 05:12 PM
Yes, the new quota starts on Monday. However, you still need a current priority date and all security clearnances before you are eligible for approval. (At least that's how it will work for the most part).
Who knows if they used all the 2007 numbers up. I suspect they will be very close to having done that given the number of applications they had.
Does the new Quota start Monday Oct 1 st?? Can we see approvals coming right away or will USCIS take some time to access the number of application received and then request the visa numbers..
Also did USCIS use up all numbers for 2007?
Any ideas???:confused:
Who knows if they used all the 2007 numbers up. I suspect they will be very close to having done that given the number of applications they had.
Does the new Quota start Monday Oct 1 st?? Can we see approvals coming right away or will USCIS take some time to access the number of application received and then request the visa numbers..
Also did USCIS use up all numbers for 2007?
Any ideas???:confused:
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simple1
10-18 10:59 PM
Yes it is legal as long as
- the student is in legal status (valid I94 and visa/petition).
- the student is not working/volunteering (peer discussion/helping other students may be ok) for that employer before work authorization.
I unable understand what you mean by "Is he allowed to sign any documents on behalf of the company during this training ?".
Can anyone please tell, can the employee be trained by the employee before activation of visa i.e. 1st of October. The employer is not paying employee any wages for his training. Can his training be legal ? Is he allowed to sign any documents on behalf of the company during this training ?
- the student is in legal status (valid I94 and visa/petition).
- the student is not working/volunteering (peer discussion/helping other students may be ok) for that employer before work authorization.
I unable understand what you mean by "Is he allowed to sign any documents on behalf of the company during this training ?".
Can anyone please tell, can the employee be trained by the employee before activation of visa i.e. 1st of October. The employer is not paying employee any wages for his training. Can his training be legal ? Is he allowed to sign any documents on behalf of the company during this training ?
more...
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shana04
01-21 07:17 PM
Pappu / LogicLife / Admins / Gurus on IV,
I have a request / concern / what ever you would say.
Please do not cirtize if you do not like the idea, just ignore and leave the thread.
There are so many people comming to IV for other experts guidance on different things mainly on H1B status, AC21 status, AP, FP, EAD and H4 to EAD, .....
Why don't you create a general guide lines or rules or do's and don't or QA's for each topic, so that each member or visitor who come to IV can atleast go through them before asking or posting quesitons.
You can create a survery for different kinds of questions people / members / visitors might ask or have fore each topic before creating the thread so that we can have a pool of questions and answers for each topic from experts or attorney answered. (you might say we have recordings from attorney Prashanti Reddy, but it would be good if we have some thing which can be referred easily i.e., typed.
These are just some of my thoughts, it can or cannot be implemented. It depeneds on IV admins/Gurus/Experts on this forum.
Gurus, please provide your thoughts.
Please do not ignore this though. It might become a very good guidelines/guide/rulesbook for all, not all questions might be answered but we can atleast try to cover most of the questions through survery and then create the thread for each topic.
Good luck to all. IV is great in doing such a tremendous job.
I have a request / concern / what ever you would say.
Please do not cirtize if you do not like the idea, just ignore and leave the thread.
There are so many people comming to IV for other experts guidance on different things mainly on H1B status, AC21 status, AP, FP, EAD and H4 to EAD, .....
Why don't you create a general guide lines or rules or do's and don't or QA's for each topic, so that each member or visitor who come to IV can atleast go through them before asking or posting quesitons.
You can create a survery for different kinds of questions people / members / visitors might ask or have fore each topic before creating the thread so that we can have a pool of questions and answers for each topic from experts or attorney answered. (you might say we have recordings from attorney Prashanti Reddy, but it would be good if we have some thing which can be referred easily i.e., typed.
These are just some of my thoughts, it can or cannot be implemented. It depeneds on IV admins/Gurus/Experts on this forum.
Gurus, please provide your thoughts.
Please do not ignore this though. It might become a very good guidelines/guide/rulesbook for all, not all questions might be answered but we can atleast try to cover most of the questions through survery and then create the thread for each topic.
Good luck to all. IV is great in doing such a tremendous job.
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jamesingham
08-23 01:23 PM
My wife is planning to start MS on H4 visa next month. Her Visa is valid till Oct 2009, my H1 and H4 are renewed till OCt 2012 (no visa stamp yet.)
Before she starts going to school on H4 visa, do we need to inform USCIS or take any permission from them ?
Before she starts going to school on H4 visa, do we need to inform USCIS or take any permission from them ?
more...
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Andrew24
06-19 12:33 AM
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bigboy007
06-23 04:35 PM
Yep lawyer himself told thats not ideal i checked with another attorney he said that should be fine and INS understands it. Lets see . thanks for your reply though.
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wandmaker
10-31 08:01 PM
Hi Gurus,
Thanks for your time on this post. I appreciate your responses.
I have a question regarding AP. I have AP's based on my pending 485. Recently i traveled to India (on a family emergency) using my AP which was issued in 20th Nov 2008 valid till 19th Nov 2009. I had no issues & got thru JFK using the same.
I was out of US from Sep 23rd thru Oct 24th 2009.
Before leaving US I applied for my AP in early Sep, which got approved by Sep 29 and was in my mail box by the time I arrived. The New pay roll has validity from 20 Nov 2009 until 19 Nov 2010.
My question is, I may need to travel to India again for couple of months that is some some time near 5 Nov 2009 & will be back by Jan 2010.
Do you guys foresee any other issues? , I herd that the AP is NOT valid if you are out of the country.
Best Regards
RK
AFAIK, your new AP is valid and usable; get a second opinion from an attorney. Re-post in attorney's section.
Thanks for your time on this post. I appreciate your responses.
I have a question regarding AP. I have AP's based on my pending 485. Recently i traveled to India (on a family emergency) using my AP which was issued in 20th Nov 2008 valid till 19th Nov 2009. I had no issues & got thru JFK using the same.
I was out of US from Sep 23rd thru Oct 24th 2009.
Before leaving US I applied for my AP in early Sep, which got approved by Sep 29 and was in my mail box by the time I arrived. The New pay roll has validity from 20 Nov 2009 until 19 Nov 2010.
My question is, I may need to travel to India again for couple of months that is some some time near 5 Nov 2009 & will be back by Jan 2010.
Do you guys foresee any other issues? , I herd that the AP is NOT valid if you are out of the country.
Best Regards
RK
AFAIK, your new AP is valid and usable; get a second opinion from an attorney. Re-post in attorney's section.
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Beemar
08-30 09:44 PM
IRS is very clear on this. SSN+ITIN couple filing jointly, no rebate for either of them. See this link http://www.irs.gov/newsroom/article/0,,id=179211,00.html
However, you should apply for an SSN for your wife ASAP. You may retroactively get this 2007 rebate when you file 2008 taxes.
Using your wife's SSN for tax purposes will not impact her legal status in any way.
Is it true that H4 spouse, who do not have SSN are not eligible for tax rebate if while filing a joint tax return for 2007 ITIN is used for spouse.
It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.
My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.
Also will SSN affect her H4 status if EAD is not used?
What do you guys think?
However, you should apply for an SSN for your wife ASAP. You may retroactively get this 2007 rebate when you file 2008 taxes.
Using your wife's SSN for tax purposes will not impact her legal status in any way.
Is it true that H4 spouse, who do not have SSN are not eligible for tax rebate if while filing a joint tax return for 2007 ITIN is used for spouse.
It seems ITIN is given to illegal aliens too and hence it is not possible for IRS to determine which ITIN holders are legal and which are illegal. Thus they are not going to give tax rebates to ITIN holders.
My wife is on H4 and has a EAD/AP. Should I apply for SSN to receive the tax rebates? But since the tax rebates are based on 2007 tax return I will have to file the tax return using her SSN to get the rebates.
Also will SSN affect her H4 status if EAD is not used?
What do you guys think?
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