Berkeleybee
02-09 07:17 PM
This letter is superb, we should include a copy of in our materials for lawmakers -- because it highlights the black box issue at the BECs
best,
Berkeleybee
best,
Berkeleybee
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sharadara
09-01 12:05 AM
Hi,
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
motown
10-21 10:50 PM
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated
AC-21 Public law 106-396 might be applicable to your case. Please read the last paragraph in page 10 from the following link
http://www.uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf
I am not an attorney. Use it at your own risk.
Good Luck.
Motown
AC-21 Public law 106-396 might be applicable to your case. Please read the last paragraph in page 10 from the following link
http://www.uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf
I am not an attorney. Use it at your own risk.
Good Luck.
Motown
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kumar1305
02-10 01:07 PM
5 Years should be fine.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
more...
gveerab
08-21 11:06 PM
Don't worry about GC, all these calculations are useless. Based on your luck your GC will be approved, not based on all these logical things.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
If you invoke AC21, that might trigger GC approval also. :D
:D
Thanks for your opinions.
Sorry, I should have included my Category EB2 and Country India in the original post.
I am leaning more towards AC21 as well. But not sure how it will affect the overall scenario (as far as paperwork right now and may be years from now).
I have been patient enough for 5+ years and one thought says "stick it out" the other says "enough is enough, its time to move on"
I am sure there are many on the board like me, and I guess I am looking for some courage, either way.
gccovet
06-09 09:22 AM
Hi all,
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
Keep you head cool, don't panic (i know, it is easy to say...)
First things first,
Launch a police complaint (this is very essential). (Get 8-10 photocopies made for these).
Take the complaint number and papers from police to Indian consulate and get a passport (1 year validity passport will be issued in 2-3 working days in this situation). I hope you have photocopies of your old passport including VISA page (hope you have I-94 photocopy as well). Approach local USCIS office and give them your stolen passport photocopies, complaint papers etc. They might be able to help.
My friend went thru even worse situation then you are in, his laptop bag with his passport, money, cell phone etc.. Got stolen from Frankfurt airport while was flying from Delhi to JFK, he got stuck in Germany for 4-5 days. He was in very bad shape, fortunately, he had few dollars and credit cards (corporate and personal with him)..... He was able to enter into USA on 5th day. I quoted my friends incident here just to boost your morale. Keep tight, hang in there.
HTH
GCCovet
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
Keep you head cool, don't panic (i know, it is easy to say...)
First things first,
Launch a police complaint (this is very essential). (Get 8-10 photocopies made for these).
Take the complaint number and papers from police to Indian consulate and get a passport (1 year validity passport will be issued in 2-3 working days in this situation). I hope you have photocopies of your old passport including VISA page (hope you have I-94 photocopy as well). Approach local USCIS office and give them your stolen passport photocopies, complaint papers etc. They might be able to help.
My friend went thru even worse situation then you are in, his laptop bag with his passport, money, cell phone etc.. Got stolen from Frankfurt airport while was flying from Delhi to JFK, he got stuck in Germany for 4-5 days. He was in very bad shape, fortunately, he had few dollars and credit cards (corporate and personal with him)..... He was able to enter into USA on 5th day. I quoted my friends incident here just to boost your morale. Keep tight, hang in there.
HTH
GCCovet
more...
friend99
08-12 12:08 AM
Thanks a lot for the replies! I am going to wait and see and hope for the best as I know sending any contradicting document at this point will just make matters worse.
Thanks a lot!
Thanks a lot!
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singhsa3
08-19 01:03 PM
I hear you, I've been in this country for last almost 10 years now. Came here to do my MBA too. The journey that began on Aug 2, 1999 is still continuing as of Aug 19, 2008... Anyways, best of luck to both of us.
started teaching in the same uni after my MBA... thought will get into a phD prog or fninsh the CFA the get into investment analysis,...
5 years have passed, CFA was over long ago.... but just waiting for GC...
started teaching in the same uni after my MBA... thought will get into a phD prog or fninsh the CFA the get into investment analysis,...
5 years have passed, CFA was over long ago.... but just waiting for GC...
more...
InTheMoment
02-06 11:53 PM
Senthil,
If you invoke AC21 and get your own EAD, it beats me ...what stops your wife from getting her own whereby both of you stay in status !
If you invoke AC21 and get your own EAD, it beats me ...what stops your wife from getting her own whereby both of you stay in status !
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Project_A
10-27 10:07 AM
Thank you.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?
Thanks a lot for your kind help.
more...
snathan
06-25 10:38 AM
Hi all,
I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.
Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.
Questions:
1: Can my company issue a W2 for 2007 now ?
2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?
3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?
4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.
Thanks in advance.
You company must provide you the W2. Otherwise its illegal. Ask them to give you the W2 or contact IRS/DOL
I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.
Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.
Questions:
1: Can my company issue a W2 for 2007 now ?
2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?
3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?
4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.
Thanks in advance.
You company must provide you the W2. Otherwise its illegal. Ask them to give you the W2 or contact IRS/DOL
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anilsal
10-30 04:42 PM
I understand what you are saying but its difficult for people to check their typos when posting online. I mean not every one has that time when they are juggling things. It's not M$oft outlook right :) B T W, I am not the one who posted it.
I think if the person misspelt Stanford once, it is fine. If there have been multiple references and he misspelt all of them, then there is a problem.
My opinion (and mine only) is that if we claim high skills/higher education for our immigration, then we should be able to type decent english even with eyes closed. ;)
I think if the person misspelt Stanford once, it is fine. If there have been multiple references and he misspelt all of them, then there is a problem.
My opinion (and mine only) is that if we claim high skills/higher education for our immigration, then we should be able to type decent english even with eyes closed. ;)
more...
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bindas74
05-15 08:38 AM
Hi Gurus,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
I have efiled for my wife's EAD/AP renewal. When I finally submitted, the total payment asked was only $645( 340 for EAD and 305 for AP). But, there is a note stating the following:
"The biometric fee is $80 for applicants ages 14 through 79 who request a Refugee Travel Document or Re-Entry Permit, unless the applicant resides outside the United States at the time of filing their form."
How am I supposed to send this? I was not asked to pay this amount during my efiling of the AP/EAD concurrent filing.
How am I supposed to send this? Can I send it as a separate check for $80 only for the biometric fee( because I had already paid for the EAD/AP using my credit card)
Please advise.
Also, during the AP filing, I got this:
"On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.) "
What an I supposed write in the document that I am going to send to USCIS?
Please advise.
Thanks in advance,
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admin
02-12 09:19 AM
sundar99,
That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.
As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.
That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.
As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.
more...
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chanduv23
11-14 08:36 PM
I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(
In a recent bollywood movie (Om Shanti Om) is this popular dialog "If you want something and you make sincere efforts and have the confidence and are persistently trying with a open heart, the whole world will do what it takes to make sure you get what you want, and if you have not yet got what you want then the show is not yet over, it continues " :) :) :)
You very much belong to the US. Try to understand the politics. This is a democracy and everything goes through legislative and administrative processes.
If there is some place you can do to help yourself, it can be possible in the US only. Politicians listen to us and definitely do something.
So think positive and start participating in grass roots efforts
In a recent bollywood movie (Om Shanti Om) is this popular dialog "If you want something and you make sincere efforts and have the confidence and are persistently trying with a open heart, the whole world will do what it takes to make sure you get what you want, and if you have not yet got what you want then the show is not yet over, it continues " :) :) :)
You very much belong to the US. Try to understand the politics. This is a democracy and everything goes through legislative and administrative processes.
If there is some place you can do to help yourself, it can be possible in the US only. Politicians listen to us and definitely do something.
So think positive and start participating in grass roots efforts
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JunRN
12-27 08:12 AM
Just an advise: Check what's on your I-797 and that's your official receipt date. Count 180 days plus 1 after that and you're good to change employer with same/similar occupation.
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WeShallOvercome
12-26 12:49 PM
I suppose you are living in USA.
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
Venram,
I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.
In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.
Resident alien - An alien living here on a permanent basis
NonResident Alien - An alien living here on a temporary basis
I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
Venram,
I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.
In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.
Resident alien - An alien living here on a permanent basis
NonResident Alien - An alien living here on a temporary basis
I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..
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surabhi
10-22 01:29 PM
I filed second set on August 16 as a insurance policy . ANd sure enough, I didnt actually got the checks cashed until October 13th. I am glad I didnt spend sleepless nights specially after 90 day window.
The second set got cashed on October 15th.
Now I have 2 sets of receipt notices.
I have indicated in the cover letter when I filed the second I-485 mentioning that this is a second appliication. I indicated in the actual application as well.
As per the USCIS' SOP manual, they have to check if there is a duplicate filing and in case they find one, they will attach to the first application.
According to USCIS updates, they are doing minimal data entry to ensure faster receipting and hence it is possible that they didnt validate if there was an existing filiing.
This is different from "second I-485' which you will do if you and spouse claim each other as dependents. In this case, the application will go to review by a IO.
I didnt do stop check becuase I didnt want another set of issues and treat the second application as insurance fees . What else I could do.
Plan of Action:
I will write another letter with both receipt notices asking to merge the application. In the meanwhile, if I will attend both FP if I get them.
I will ask for refund on that application. If they dont, I understand that.
but I think overall application will not get affected since such scenario is part of USCIS Standard Operating Procedures.
The second set got cashed on October 15th.
Now I have 2 sets of receipt notices.
I have indicated in the cover letter when I filed the second I-485 mentioning that this is a second appliication. I indicated in the actual application as well.
As per the USCIS' SOP manual, they have to check if there is a duplicate filing and in case they find one, they will attach to the first application.
According to USCIS updates, they are doing minimal data entry to ensure faster receipting and hence it is possible that they didnt validate if there was an existing filiing.
This is different from "second I-485' which you will do if you and spouse claim each other as dependents. In this case, the application will go to review by a IO.
I didnt do stop check becuase I didnt want another set of issues and treat the second application as insurance fees . What else I could do.
Plan of Action:
I will write another letter with both receipt notices asking to merge the application. In the meanwhile, if I will attend both FP if I get them.
I will ask for refund on that application. If they dont, I understand that.
but I think overall application will not get affected since such scenario is part of USCIS Standard Operating Procedures.
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casinoroyale
08-21 03:28 PM
Yes, i used AP before and after that I got my H1B extended with the same employer. I want to get visa stamped as I am still single and need to retain H1B status.
Based on other's experiences and attorney's suggestions, it seems like one can enter on AP if there are delays in visa issuance, however, i was always cautioned that there might be problems at POE but I have not come across such case (atleast thru forums). Also, I do not think there will be any problems using old or new petition at the consulate for visa stamping as long as its not-expired (obviously).
CasionRoyale,
From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?
Do you expect any issues using old petition?
If there are any can we enter using AP?
Thanks
Based on other's experiences and attorney's suggestions, it seems like one can enter on AP if there are delays in visa issuance, however, i was always cautioned that there might be problems at POE but I have not come across such case (atleast thru forums). Also, I do not think there will be any problems using old or new petition at the consulate for visa stamping as long as its not-expired (obviously).
CasionRoyale,
From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?
Do you expect any issues using old petition?
If there are any can we enter using AP?
Thanks
cendra
04-30 11:15 AM
EB3-PD Jul 02
LC Approved Jan 07
I-140 Pending since March 07
LC Approved Jan 07
I-140 Pending since March 07
SpotanAnti
10-08 06:37 PM
When you are not that smart how come you applied for EB2 ??
I smell an anti here.!!!
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
I smell an anti here.!!!
Mr.Smuggy - Easy buddy. Relax.
I am not as bright as you. I am trying to understand how it works. Since you know it all, what if Company A cant get me a job after i got GC and Company C is ?
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