mudigondag
01-25 12:19 AM
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
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eb3_2004
04-18 04:16 PM
Mine went in on Jul 5 to TSC...I-140 alone, not a concurrent application..
These processing dates make no sense...
These processing dates make no sense...
jtp_redson
02-18 11:07 PM
Hi,
I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.
The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.
So my question to you guys is
1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?
Any help would be greatly appreciated.
Thanks,
Jay
I am an International Student from India currently on F1 and in the year of 2008. I was offered an internship through my thesis advisor's reference which I accepted. I worked from 15th September 2008 to 31st December 2008. Naturally as I was on F1 I did not know all about the tax, immigration and other laws. So I got an authorization from school for that internship and received a new I-20 (CPT) with that employer's info on 3rd page of it. I worked full time and I always had an impression I was an employee(trust me I did not know any difference between W2 and 1099 that time). I was working in the company and not anywhere else.
The problem arose when in 2009 I got a 1099 MISC instead of a W2. As I did not know about it, I did not complain and I filed my taxes correctly and got my refund. If I knew, they were going to give me 1099 MISC then I would not have accepted the offer. Starting 2009 I was on payroll (W2) and this year(2010) I got W2 for 2009.
So my question to you guys is
1. Was I out of status during the time of 1099 MISC? (I did not intentionally engage in 1099 MISC as I was unaware of it)
2. As the internship was authorized by DSO (in turn Department of Homeland Security) as I received a new I-20 mentioning the employer's info. Did I do anything illegal?
3. If in future, I apply for a H1B/Greencard through an employer(same or different). Would this incident hurt me and may cause denial of I-485?
Any help would be greatly appreciated.
Thanks,
Jay
2011 Leave a Comment
txh1b
08-19 12:47 PM
Will I be able to switch to company C, even if company B revokes my 3 year-H1B extension ?
Thanks
Yes, provided you apply for the tarsnfer while you are still maintaining H1b status. Your basis of 3 year extension is the I140 approval and PD not being current. It isn't that company B got a 3 year extension.
Thanks
Yes, provided you apply for the tarsnfer while you are still maintaining H1b status. Your basis of 3 year extension is the I140 approval and PD not being current. It isn't that company B got a 3 year extension.
more...
WAIT_FOR_EVER_GC
12-05 03:51 PM
Sure...
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
shishya
11-16 11:43 PM
Folks,
Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
Desperately need some help here. I do NOT have access to my PERM or I-140 applications and my current employer's lawyers refuse to give me the documents.
I want to get H1 transfer and AC-21 to move to another company since I HAVE the EAD but cannot use it since my wife is a dependent on my H1B.
I am desperately trying to find where to get the "job duties" and the DOT/SOC codes that the new company's lawyer says would be needed to make sure I don't have to go through the PERM/I-140 process again.
PLEASE advise.
Thanks!
more...
ronnie0479
09-14 11:36 AM
My current H1 expires on the 30th of September 2007. I have applied for H1 extension under premium processing and it is pending.
My Query is:
Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?
Thanks,
-Ski
Yes, you can continue to work on pending H1 application. On pending H1 extention there is no limit for how long you can keep working. if you get an approval then you can just continue working till your next H1 expires and
thus you dont have to take a break.
My Query is:
Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?
Thanks,
-Ski
Yes, you can continue to work on pending H1 application. On pending H1 extention there is no limit for how long you can keep working. if you get an approval then you can just continue working till your next H1 expires and
thus you dont have to take a break.
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Devils_Advocate
05-07 01:10 AM
As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.
more...
newh1user
01-26 01:36 AM
:) hi guys
just wanted to update my case is approved yesterday and dhs is sent the approval notice so its very fast in my case..
my lawyer filed the case on 17th jan and got approval email 24th jan.. very good.
just wanted to update my case is approved yesterday and dhs is sent the approval notice so its very fast in my case..
my lawyer filed the case on 17th jan and got approval email 24th jan.. very good.
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susie
09-27 11:23 PM
Hi all,
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
In Adlac 2
It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien
If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.
How did you get on with the attorney?
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
In Adlac 2
It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien
If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.
How did you get on with the attorney?
more...
imh1b
05-19 09:42 AM
Can we attend this or it is only for Staff people in Congress?
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Prashanthi
08-19 12:53 PM
Hi all
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
Yes you can get an extension with Company C based on your approved I-140 as long as it is not revoked.
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
Yes you can get an extension with Company C based on your approved I-140 as long as it is not revoked.
more...
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GlobeTrotter100
10-11 10:59 AM
thanks, gc chahiye!
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GCKarma
07-20 02:40 PM
well my responsibility would change from technical to more managerial stuff, in that case I can not move EAD?
Can we change job using AC21(I-140 approved , I-485 pending for more than 180 days ) on H1 without using EAD.(so that future wife can come on H4 )
Can we change job using AC21(I-140 approved , I-485 pending for more than 180 days ) on H1 without using EAD.(so that future wife can come on H4 )
more...
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truthinspector
01-03 11:45 AM
http://timesofindia.indiatimes.com/Good_or_bad_Britain_tears_itself_to_pieces_on_immi gration_issue/articleshow/1040632.cms
does not seem to be very friendly now !!
http://tinyurl.com/ylnubu
does not seem to be very friendly now !!
http://tinyurl.com/ylnubu
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rockdanation
03-13 08:32 PM
the question is how can i file my own 485 when i don't have details about I140. Is there a way where by i can get this info. i need SRC number to file for my 485 and i am current. i am on EB2 , other country not India, China .
thanks
thanks
more...
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Michael chertoff
03-09 08:18 PM
Man.. this place is for people in EB2 and EB3 category who are suffering from retrogression. please contact any lawyer for this,
MC
MC
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snarla
06-29 08:48 AM
Also, you can apply for passport renewal, one year bfr the current one expires ... so u can do it right away ...
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johnggberg
08-12 10:38 AM
dont worry about it, your good to go, i did it to back in 2002 i didnt had any problems. good luck
AmericanDreamZ
10-19 01:36 PM
H1, H4 (spouse) and H4 (kid) living happily.
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
File 485 and gets EAD/AP.
H1 doesn't use EAD.
H4 uses EAD and hence looses H4 status.
I-485 is denied.
Now, my understanding is that spouse has to go out of country and come back again on H4.
What about the kid?
When does the kid loose his/her H4 status? (When both mother and father use EAD)?
This is just my thought, I would believe when the father (or whoever was on H1) uses EAD, the subsequent H4's would get canceled and their status would be Pending AOS. If 485 is denied, and if H1 person has not used EAD, then both son and mother can re enter on H4.
-Suraj
jayleno
07-18 11:27 AM
Well guess what a colon and D turns out to be? Havent used yahoo IM in a while is it? :D
No I didn't point out anything just im sharing the data.And waiting for EB2 to be current.I don't know how the smily comes next to PD?
No I didn't point out anything just im sharing the data.And waiting for EB2 to be current.I don't know how the smily comes next to PD?
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