Wednesday 8 June 2011

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  • nozerd
    07-02 10:05 AM
    If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.

    I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?

    I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.




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  • sai
    05-25 06:49 AM
    sent




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  • rajuram
    01-14 08:34 PM
    AP is taking around 1.5 to 2 months at TSC. Mine took 7 to 8 weeks, filed nov 1, apprvd dec22.




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  • somegchuh
    08-22 12:41 PM
    I think you are absolutely right. Starting a business without a partnership is nearly impossible because you will be violating the H1 by working for it.

    However, if you go into a partnership, that will be like owning stocks of a company. You don't have to work for it.

    But you raise a good point about tax return scrutiny when you go for stamping. They can ask how you were making business income.

    Has anyone here run a business on H1? What are the tax implications?

    I have looked into this and talked to my lawyer. The basic consensus seems to be -- yes you can start your own business (wither alone or in partnership with someone else). But as long as you are on H1B VISA and do not have at least an EAD, you cannot actively(which means you cannot be running the day to day operations) work on your business. You can promote the business perform occasional volunteer work, but cannot be paid for this work.

    I believe you can derive profits from the business (check with your lawyer because he's the one who will have to deal with any USCIS headaches), but as with all things, if the profits are high enough, your business may be scrutinized by the USCIS. Also remember when you go to the consulate to stamp your H1B, they will examine your tax records, and you will have to have a good enough explanation as to how you owned the business without violating the H1B status (by actively working on it). It's tricky and unless you are talking about small amounts of money think very carefully about starting your own business.

    Since you cannot actively run the business, it makes sense to partner with a person who is authorized to run the day to day operations of the business (either a citizen of the US or a perm resident).



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  • mytv
    08-16 02:09 PM
    please do reply .I am waiting.




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  • eilsoe
    10-02 02:27 PM
    sorry :P

    sometimes i get carried away... :)



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  • PIndian
    08-17 02:41 PM
    Hello everyone,

    Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.

    SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?


    Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
    Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
    Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320




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  • diesel
    04-13 03:56 PM
    http://www.aila.org/RecentPosting/RecentPostingList.aspx

    http://www.aila.org/content/default.aspx?docid=22101


    What bill is that? Do you have the bill nimber?



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  • uimv
    03-14 12:18 PM
    So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
    Switch from H1 to EAD is done by filling out new I-9 form for EAD.




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  • sk.aggarwal
    02-16 08:29 AM
    Thank you very much for your reply.



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  • caca1225
    12-28 08:01 PM
    snram4,
    You missed one point from your analysis. Outsourcing/offshoring. Outsourcers don't need any visa to do that. Though many anti-immigrants call H1B an offshoring visa, the fact is outsourcers don't need any visa to outsource. When new projects are implemented from the scratch in offshore locations, it cannot even be called 'offshoring'. Essentially these kinds of bills will make america a less competitive place for businesses.

    No matter how you look at it. This bill proposed by Gutierrez is "Union" bill. Today it is easier for someone with some family ties to migrate to this country than one who brings in skills and competitiveness to USA. Skilled immigrants has to jump over many hurdles ( H1B/Labor /I-140/visa wait times) to get his GC. For a family based immigrant, the only requirement is he/she has to be related to someone in US. For a skilled immigrant, he has to prove that a job offer do exist for him all through the insane wait for his gc. For illegals it is even easier. They just have to prove that they were illegally present in US to qualify for his GC.

    If U.S.A was United Socialist Amercia, Gutierrez/Grassley bill is the way to go. We all know what happened to GM where unions had the final say in worker compensation as well as performance.

    Just because the CIR has a little be help to current H1B holders for EB cap exempt to immediate relatives of applicants , that doesn't make the bill a skilled-worker friendly than illegals friendly bill it supposed to be. Think about all these legal immigrants in order to get their green card, they would have spent more than 20k out of their pockets while the CIR only required $500 fine to get these illegals back in line with us, let alone the metal struggle to the long waiting nontransparent process. I'd rather not having this "benefits" than have to be forced to pay my hard earned money toward illegals' health, food stamp, education etc. Besides, after 6-years period finished, who knows if the cap to GC to all these illegals are shared with H1B? Let the free market eliminates US if that's what they're asking for. I can care less if I can get my GC or not while there're plenty of countries will welcome us skilled workers.




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  • number30
    06-19 01:30 PM
    Hello All,
    I am contacting you regarding an Inquiry of
    " H1B Approved without I-94 and to appeal for I-290B.

    I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.

    Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
    So i don't fall under New H1 Quota, i.e H1CAP
    keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.

    On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.

    On May 21st 2009, i received a letter from USCIS
    saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.

    Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\

    Please advice me what should i do.
    If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.

    Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
    Third Query is should i apply for a new H1 and continue working.

    Please advice me on this issue.
    Hoping to hear from you Soon.
    Thanks a lot for your help,

    You can start working immediately after filing H1, only if you are doing H1 transfer. Here you are doing Change of Status from H4 to H1. So you are NOT allowed to work immediately after filing. GO out of US as soon as possible. Filing 290B may not help you much. You have to come back with new stamping.



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  • sanju
    11-09 09:58 PM
    Why do you need Akbar?
    We were talking about all characters from Ramayan ... not from the recent past :) ... and if you still think that we should have one - then let's make Manmohan Singh into one :)...

    Have you heard of "Jaane Bhi Do Yaaro"? Jalaluddin Akbar is a character in Ramayan and Mahabharat. Here is a proof.

    YzSuM09Gz1w




    .




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  • pragir
    07-16 04:35 PM
    Has anyone and their spouse both filed for 485s while listing each other as beneficiary as well?

    Is this possible?



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  • mlk
    10-20 02:12 PM
    but you had a chick.




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  • babu123
    08-29 12:33 PM
    I checked my bank account today. The checks got encashed.
    USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.



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  • reedandbamboo
    09-14 10:37 AM
    Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately

    OR,

    it could be because 2007 & 2008 folks, not having waited as long as the pre-2007 folks, haven't had as much cause to seek reprieve..




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  • isthereawayout
    02-22 12:42 PM
    Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.

    My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..




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  • diptam
    06-05 10:40 PM
    First of all after applying H1 extension you have a 240 day window when you wont be out of status even if your H1 expired ( as long as the extension is applied when the current was Valid). My H expired on Jan 29th and i applied on Jan 9th and the last 5 months i worked as usual without Visa or I-94 ( but in Status) ...

    Don't worry at all - if by chance anyone reaches near 8 month/240 day finish line which is highly unlikely, pump in extra 1000 bucks and upgrade that to a Premium H and you must hear a decision within 15 days....

    There are tons of options - even if Premium doesn't work still there are 2 more options ( of course within legal boundary )...

    I applied for my H-1 extension in mid April and my current H-1 is valid till mid August. After reading about the waiting times in the posts above I am wondering what happens if I don't get the approval until mid August. Will I be out of status ?

    Thanks




    venkybr
    09-05 08:07 AM
    I am July 2 filer. My EAD and AP was filed later in August. I got my EAD and AP receipts but I am yet to get I-485 receipt. Has this happened to anybody else? Is it possible to get 485 case number from the EAD or AP case numbers?

    Same here, filed for EAD/AP in August and got the receipts from NSC. But no receipts yet for 485 filed on July 11 at NSC. Where did you file your 485 and EAD/AP?




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    10-27 11:47 AM
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