kondur_007
10-21 10:35 AM
I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
Go for it, I personally belive it is legal and unlikely to cause any problems with your H1.
Your paystub will still mention salary to be 5000, however it will show $500 in pretax expenses and so 4500 will be the amount deposited and taxed. For H1 purposes, you are still being paid $5000.
One thing I am not sure of: as mentioned in one of the posts above, can this be done more than one year? (i do not know the asnwer to this; clarify with your employer and their attorneys; it is not your headache anyway).
Good Luck.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
Go for it, I personally belive it is legal and unlikely to cause any problems with your H1.
Your paystub will still mention salary to be 5000, however it will show $500 in pretax expenses and so 4500 will be the amount deposited and taxed. For H1 purposes, you are still being paid $5000.
One thing I am not sure of: as mentioned in one of the posts above, can this be done more than one year? (i do not know the asnwer to this; clarify with your employer and their attorneys; it is not your headache anyway).
Good Luck.
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milind70
06-21 01:06 PM
my h1b expires in october 2008. my passport expires in july 2007 and at the POE (Dallas), i received an I-94 till July 10th 2007.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.
1) go outside the country and get a new I 94
2) file i 539 cost around 195 USD
I would also suggest to try the local USCIS office where in they could help is some way.
Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.
i now have a new passport and went to the dallas/fort worth airport CBP to get the date corrected to october 2008. i took my I-797 with me and showed it to them. they said i have to file an I-539 with USCIS. several people managed to get the same situation remedied at a CBP. has anyone had success at another texas CBP? please help!
It seems from past experience CBP will only due correction when mistakes were made by the CBP officer at the airport ,since this is the case of passport validity i think u may have two options.
1) go outside the country and get a new I 94
2) file i 539 cost around 195 USD
I would also suggest to try the local USCIS office where in they could help is some way.
Mind you CBP officers are not uniform in their actions ,i believe in your case u have been unlucky. I remember i was in a similar situation where in visa stamp was expiring after the passport expiry date but i was given a I 94 with expiry date of the visa stamp rather than the passport expiry date.
kshitijnt
07-18 01:03 AM
I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
Things will work out. Dont worry. You have to ACT QUICKLY though. Since your marriage was before GC was approved for you, you can do following to join option as well :)
July 1st - Applied Wife's 485
July 8th - My 485 was approved
July 13th - Wife's 485 Denied due to outdated forms
July 14th - My H1, Wife's H4 and I-94 Expired
July 19th - Planning on sending a new 485 application for spouse
I'm mainly concerned about two things
1. Is she out of status for 5 days from July 14th to 19th
2. Can I still apply her as a derivative, as my 485 is already approved.
Thank you,
Things will work out. Dont worry. You have to ACT QUICKLY though. Since your marriage was before GC was approved for you, you can do following to join option as well :)
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kish006
10-30 08:56 AM
I am in the same boat. I USCIS called yesterday still not the in the system. They told to wait next week. Let see what will happen.
more...
dealsnet
08-20 03:33 PM
Did you fille tax retun showing the gas station income ?
gee_see
04-15 10:25 AM
Which country did you charge your GC to?
Enjoy the freedom...:)
India
Enjoy the freedom...:)
India
more...
satishbsk
08-05 11:01 AM
When was ur recent visa issued?
If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
____________________
Contirbuted $280 so far
If it is more than 1 year then G-825A wont be cross checked with the info what you gave on DS-157.
____________________
Contirbuted $280 so far
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greyhair
09-30 05:12 PM
I cracked up reading the post. I never really understood why they call us losers and locusts.
Google translation maybe funny but i think the meaning of the post on Chinese forum is serious. When we giving money to IV which is working for everyone in the backlog, Chinese are only thinking for themselves. Scratch the, Chinese are not thinking for even themselves, they are cutting the same branch of the tree on which they are sitting. They are undermining the effort to address the green card backlog. They are trying to use fuzzy match to argue against removal of per country limits in the the process shooting themselves on the foot. If I understand their logic correctly, these Chinese are saying that we are ok if they have to wait in the backlog for years and years, as long as Indian don't get any benefit. That's just plain dumb for them to think like this.
The other day someone posted that Chinese are calling Charles Oppenheim at DOS, asking him to not advance the dates of Indians, and rather only advance the dates of Chinese, which apparently backfired.
I have many good friends from China and they are all very nice. But as a group why do we always see Chinese digging hole everywhere?
Google translation maybe funny but i think the meaning of the post on Chinese forum is serious. When we giving money to IV which is working for everyone in the backlog, Chinese are only thinking for themselves. Scratch the, Chinese are not thinking for even themselves, they are cutting the same branch of the tree on which they are sitting. They are undermining the effort to address the green card backlog. They are trying to use fuzzy match to argue against removal of per country limits in the the process shooting themselves on the foot. If I understand their logic correctly, these Chinese are saying that we are ok if they have to wait in the backlog for years and years, as long as Indian don't get any benefit. That's just plain dumb for them to think like this.
The other day someone posted that Chinese are calling Charles Oppenheim at DOS, asking him to not advance the dates of Indians, and rather only advance the dates of Chinese, which apparently backfired.
I have many good friends from China and they are all very nice. But as a group why do we always see Chinese digging hole everywhere?
more...
skp71
07-13 07:08 AM
sorry 485, this is gc season. so I thought that's understood.
what case are you talking about ... is it H1 or 485?
-RR
what case are you talking about ... is it H1 or 485?
-RR
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UKannan
01-18 03:50 PM
Chances for an audit are 95%:(
How u know that the chances are 95%? Why can't it be 5%? :D
How u know that the chances are 95%? Why can't it be 5%? :D
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latbsol
10-01 06:03 PM
Hi guys,
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
Sorry, I was absent for a long time. I am back now!
@ Hebron:
Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.
@ veni:
Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.
@ JamesSingham:
James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.
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cs.0
09-28 05:52 PM
hi,
I can give my consultant name and they r very good in salary as well as GC process. If you interested pls let me know.
regards,
c
I can give my consultant name and they r very good in salary as well as GC process. If you interested pls let me know.
regards,
c
more...
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saimrathi
07-17 05:57 PM
I agree.. The flower campaign shouldn't be taken for granted.. let it just be special.. Thank you cards adn notes will be the best..
Couldn't agree more. I will be sending her a personal Thank You card today. Flowers might not be quite appropriate, especially so shortly after the recent "flower campaign". :)
Couldn't agree more. I will be sending her a personal Thank You card today. Flowers might not be quite appropriate, especially so shortly after the recent "flower campaign". :)
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flex
10-02 06:16 PM
Why not?
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piyushpan
04-07 05:05 PM
Yes i think so. You need a U.S degree for stamping.(H1)
My wife changed from H4 to F1. Do you know if she can get stamping in Canada for F1?
My wife changed from H4 to F1. Do you know if she can get stamping in Canada for F1?
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amitkhare77
09-02 10:56 AM
as per IRS - OP is on EAD not on H1B. I-9 form is sent to the Pay-roll company , they report the legal work status to IRS. If you have filled EAD on I-9 your legal work status is EAD and not H1b.
OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
you might want to double check this info from valid source :)
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
OP does not have a F-1 EAD? clearly says he used AC21 whcih can only be used for employement based EAD.
Our admin dept gets alert from Pay roll company when EAD validity is close to expiration. When I use EAD, USCIS does not know if I am using EAD untill I file a EAD renewal. there is a question in EAD renewal form - current status - H1B or AOS pending.
If you want to remain on H1B- you have to go out of country - enter as h1B and also inform pay-roll about your new status.
you might want to double check this info from valid source :)
This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.
AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.
---------
I am not a lawyer. Use at your own risk any information given by me.
more...
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SNLive999
06-09 05:43 PM
Hello Gurus,
Soon after we filed our I-485 in July 07 we went to India as my mother was not feeling well. When my wife and I were in India we got Finger print appointment notices, which we postponed around 8 times. In May 08 we came to US specially to give our finger prints and we did. Few weeks after we gave our Finger prints, My wife went to India to take care of my mom.
Yesterday, we AGAIN got Finger print appointment notices. It does not say if USCIS was unable to read our finger prints or anything, It is a regular FP notices.
Since I am here in the US, I do not mind giving FP's again, but my wife is in India and she cannot give FP now. Another thing is we applied for H1 extension, She cannot come until I get my H1 and she get's it stamped. We do not have AP to travel.
The day we gave our FP's, USCIS has put stamps on our FP appointment notices with the details. I have these notices with me. Are these of any help ???
Biometrics Processing Stamp
ASC Site Code:______
Biometrics QA Review By:_____ On ________
Ten Prints QA Review by:_____ on ________
I really do not know what to do. I request you all Gurus, please help me to handle this issue.
Thank you.
Soon after we filed our I-485 in July 07 we went to India as my mother was not feeling well. When my wife and I were in India we got Finger print appointment notices, which we postponed around 8 times. In May 08 we came to US specially to give our finger prints and we did. Few weeks after we gave our Finger prints, My wife went to India to take care of my mom.
Yesterday, we AGAIN got Finger print appointment notices. It does not say if USCIS was unable to read our finger prints or anything, It is a regular FP notices.
Since I am here in the US, I do not mind giving FP's again, but my wife is in India and she cannot give FP now. Another thing is we applied for H1 extension, She cannot come until I get my H1 and she get's it stamped. We do not have AP to travel.
The day we gave our FP's, USCIS has put stamps on our FP appointment notices with the details. I have these notices with me. Are these of any help ???
Biometrics Processing Stamp
ASC Site Code:______
Biometrics QA Review By:_____ On ________
Ten Prints QA Review by:_____ on ________
I really do not know what to do. I request you all Gurus, please help me to handle this issue.
Thank you.
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MetteBB
05-27 05:08 PM
I liked the apple one the best mette. I have added that one up :)
btw: your footer is killing my CPU :P
First of all...thanx!
re your CPU...:huh: How can I fix this? It's a small file (using your very own tut for snow)
/mette
btw: your footer is killing my CPU :P
First of all...thanx!
re your CPU...:huh: How can I fix this? It's a small file (using your very own tut for snow)
/mette
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gcnirvana
06-18 05:06 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
gc_check
07-07 11:30 AM
Recent VB fiasco has put many of us in confusion and disappointment, but will not hold us back… Most of us must be now be moving on with what we have to do and try to get the best, we can with what we have and can and try to make things better for us.
We all have different advice from our attorneys; my attorney did not recommend sending the I-485 papers to USCIS now or did not provide any advice regarding to joining the lawsuit being discussed by AILA. Also my paper work is handled by the Immigration Attorney in my company legal department and not any external law firm.
Talked to couple of friends and some told, they still sent the AOS papers knowing it will be send back and some are in same situation like mine. . Created this poll just to get some sample data how many had files I-485
We all have different advice from our attorneys; my attorney did not recommend sending the I-485 papers to USCIS now or did not provide any advice regarding to joining the lawsuit being discussed by AILA. Also my paper work is handled by the Immigration Attorney in my company legal department and not any external law firm.
Talked to couple of friends and some told, they still sent the AOS papers knowing it will be send back and some are in same situation like mine. . Created this poll just to get some sample data how many had files I-485
GCSeeker123
03-24 12:07 PM
Yes you can Port your PD if your EB3 I-140 is Approved.
Once the I-140 gets Approved the PD is locked.
You can file a Labor under EB2 Using your MBA degree, once this Labor gets
Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.
Once the I-140 gets Approved the PD is locked.
You can file a Labor under EB2 Using your MBA degree, once this Labor gets
Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.
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