overmars
06-09 12:43 PM
My understanding of the Neufled memo does not invalidate the question asked by Saarissimo. The memo refers to a person being the sole owner of a company. If the LLC in question is owned by X,Y and they then offer Saarissimo 33% of the company to own, then Saarissimo's employment in the LLC should fall under employer-employee relationship unless it is specifically written in the operating agreement that the company will cease to operate if Saarissimo is terminated from employment.
I know people on H1B sponsored by ABC LLC, and owning upto 2% of ABC. They have never had any problems, and are well on their way towards Green Card processing. Unfortunately, I do not know if the considerations change dramatically if ownership is 33% instead of 2%.
I know people on H1B sponsored by ABC LLC, and owning upto 2% of ABC. They have never had any problems, and are well on their way towards Green Card processing. Unfortunately, I do not know if the considerations change dramatically if ownership is 33% instead of 2%.
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sledge_hammer
06-17 10:22 AM
For USPS deliveries:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.
vvrmurthy
11-21 05:08 PM
Hello tdasara,
I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).
All the best!
I have undergone the pain of UK transit visa in Sep 2010. I booked my tickets thru AA-BA (RDU-LHR-HYD). I was told UK DATV is very easy to get. Applied on Sep 10th. Got FP done on Sep 27th. Sent original EAD, passport, AP documents, 485 receipt, FP processing sheet and a covering letter explaining why I wanted the UK DATV on Sep 28th by Fedex. Packet reached UK consulate in NY next day. Got a mail on Oct 8th that a decision was made. Received a letter along with passport/EAD/AP which said "Your request for DATV has been rejected since I am not convinced you need the DATV. There is no appeal for this decision". The process itself took 12 to 13 days. I researched later why they could have rejected my application. It seems I had to literally put in my whole life history - original employment verification letter, original bank statements proving my ability to travel, letter from my manager which states I have a job in US and I am going on vacation and I will come back and report to work, address proof, driving license proof, old passport copies, and any other thing u think could bolster your case. All this for what ?? To pee in London Airport in the 3 or 4 hours u stay there in transit...
I rerouted my tickets RDU-ORD-DEL-HYD (paid extra 470 dollars per head), went to Chennai Consulate and got stamping and while coming back, came thru LHR without hassles.. I confirmed in (on my way back) LHR that if I had proceeded without transit visa while going, UK would not have allowed me into LHR.
So if U plan to apply for DATV, please arrange for all the above documents and anything in excess u can muster to prove that u will just pee in LHR and move on. and that u will not land in LHR, tear your passport and get into UK and ask for asylum (This is what immigration offier in UK said most people would do if they were lackadaisical in giving transit visas).
All the best!
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sa.node
02-21 04:16 PM
@Raysaikat, Paskal.
thanks for your prompt replies.
Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch.
I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)?
ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.
I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info.
thanks.
thanks for your prompt replies.
Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch.
I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)?
ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.
I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info.
thanks.
more...
neelu
01-05 01:22 PM
Threads: 2,478, Posts: 38,790, Members: 8,057, Active Members: 3,571
There seems to be a discrepency between the number on the statistics page (the above was picked from there), and the Memberlist page.
I guess, Logiclife was pointing to the 8000 mark on the Memberlist page (which as of this post is 8046), which was reached today.
Can anyone explain the discrepency?
There seems to be a discrepency between the number on the statistics page (the above was picked from there), and the Memberlist page.
I guess, Logiclife was pointing to the 8000 mark on the Memberlist page (which as of this post is 8046), which was reached today.
Can anyone explain the discrepency?
garybanz
09-27 11:03 AM
My EAD cheques got encashed today. I had sent a single cheque for myself and my wife. I do notice two LIN numbers on the back of the cheque. BUT when i search for those numbers on USCIS website its says number DO NOT exist in the system. Has anyone faced similar issue?
Thanks
Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?
Thanks
Did you send two separate checks for 485 or did you combine them into one? How many LIN numbers did you see on the back of the check for 485?
more...
rgpr
03-29 08:42 AM
During my first entry to the US I had been on an F1 visa for my MS studies. I took an OPT corresponding to this level of education and had a COS to H1B within the US (academia, quota exempt). I never had this H1B stamped in my passport as I never left the country.
In order to pursue my PhD, I had another COS from H1B-F1 within the US. This time I had a 221g invoked on my application but it was cleared and I could re-enter US. So I am in my first year and due to some reasons I would like to discontinue the program and go back to work.
I may get employed by either academia or industry. The October 1st start date would correspond to the industry job whereas there would be no such start date for an academic job.
I will surely not quit PhD but wait for an employment opportunity and to have my COS to H1B approved within the US. In the interim can I register for 1 credit over the summer and fall semester respectively in order to remain in full-time student status?
Any other thoughts on the wait time around the COS period?
In order to pursue my PhD, I had another COS from H1B-F1 within the US. This time I had a 221g invoked on my application but it was cleared and I could re-enter US. So I am in my first year and due to some reasons I would like to discontinue the program and go back to work.
I may get employed by either academia or industry. The October 1st start date would correspond to the industry job whereas there would be no such start date for an academic job.
I will surely not quit PhD but wait for an employment opportunity and to have my COS to H1B approved within the US. In the interim can I register for 1 credit over the summer and fall semester respectively in order to remain in full-time student status?
Any other thoughts on the wait time around the COS period?
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sanjay05
11-16 10:36 PM
Still no FP. Should I call USCIS?
more...
newbie2020
10-05 11:40 AM
Yes if someone followed closely on EB3Chinese website you would notice they filed a class action suit and still going back n forth with USCIS on that. I would certainly appreciate the Transparency of EB3Chinese on money being spent on lawsuit as well as taking lead on filing a lawsuit.
If they win the lawsuit you can expect 100s more from chinese/indians/ROW etc
Transparency brings more clarity and more donors ofcourse as the donors know where their money is being spent.
If they win the lawsuit you can expect 100s more from chinese/indians/ROW etc
Transparency brings more clarity and more donors ofcourse as the donors know where their money is being spent.
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raj3078
07-12 10:16 AM
just let adolf tancredo roll of your back...hes just trying to get few more days of publicity out of his quickfading presidential bid. sala tingu
I think his new presidential slogan should be Hail for Natives, Hell for Immigrants ;)
I think his new presidential slogan should be Hail for Natives, Hell for Immigrants ;)
more...
GCBy3000
07-09 10:05 AM
This is removed from dice now. :D
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raysaikat
07-12 02:47 PM
Hello All,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
more...
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azure
03-20 12:34 PM
Not sure....but here is a related link.
http://domenici.senate.gov/news/record.cfm?id=251739
http://domenici.senate.gov/news/record.cfm?id=251739
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abcdefgh
03-29 12:48 PM
If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.
more...
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augustus
05-05 10:52 AM
Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
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gauravsh
05-04 10:36 AM
I assume you haven't filed your I 1485 yet.
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
more...
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Iak123
06-02 11:01 PM
Thank You All for responding. That is very helpful
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milmuk
02-06 07:35 PM
Hello experts,
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
My situation:
1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
Now using ead for working with the present (second) employer as a permanent employee.
3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
In 2011, I used it,since my H1 was also expired.
4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
PD July 2006
Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
Using travel visa won't be helpful for longer stay.
My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.
Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
Since I am working as a permanent employee, it will be easy to renew/maintain H1.
Is it possible to convert ead to H1? What could be the consequences?
Please advice.:confused:
Thanks
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rrajendra
08-05 02:24 PM
Hello all,
Recently I got my H1B stamped at Mumbai India, this was my
third H1B, and fifth US visa(I got two B1/B2s in addition). The
US Visa stamping process has been streamlined and better organized
than it was when I got my first one in 1999!:)
Process started with me paying visa fees upfront at HDFC bank.
after paying the fees, they will give two copies of the receipt,
one for you and one for the consulate.
Next step is to get yourself photographed. Every photo studio
in Bombay knows the specification now, so it was no problem.:)
Get digital copies of the photographs.
Next step is to go online and fill the application forms. One needs
to upload photographs and enter the fee payment receipt number
in the form. Once completed, print the application after saving.
The application form has a bar code, so please make no changes
after the printout, if you do one needs to take a fresh print.
The next step was to arrange an appointment for visa stamping
which can be done online, once appointment is fixed
one can go to the visa application center which is very
near the Consulate at Breach Candy. They will verify the application
and give you a confirmation of the appointment. Make sure
that you submit your application form at least three business
days before the visa appointment.
To avoid the morning hour traffic we checked into a hotel
near the consulate. The appointment was 10:30 AM, but we
reached the consulate at 10:00. The appointment confirmed
suggested we do not go to the consulate before 10:15, but
went ahead anyway. The security let us in. :) The consulate
was full of visa aspirants, and I braced myself for a long wait.
We submitted our application forms after getting our fingers
printed.
To my surprise, we were called for interview at around 10:10.
The consulate officer commented that I have already lived
in the US, to which I said yes. The question was repeated to
my wife, who also had a stint in the US. Then she asked me
what kind of work I will be doing in US. I gave a rather long
answer which I guess bored her a bit. My six year daughter
complained that it she is tired, the consular officer started
small talk with her. Then she said my passport will be sent
by courier. By 10:20 we were on our way back home.
We received our passports separately over the next 10 days.
surprisingly my daughter got hers within 2 days, but my
wife had to wait full 10 days!
I am in the US now :)
Recently I got my H1B stamped at Mumbai India, this was my
third H1B, and fifth US visa(I got two B1/B2s in addition). The
US Visa stamping process has been streamlined and better organized
than it was when I got my first one in 1999!:)
Process started with me paying visa fees upfront at HDFC bank.
after paying the fees, they will give two copies of the receipt,
one for you and one for the consulate.
Next step is to get yourself photographed. Every photo studio
in Bombay knows the specification now, so it was no problem.:)
Get digital copies of the photographs.
Next step is to go online and fill the application forms. One needs
to upload photographs and enter the fee payment receipt number
in the form. Once completed, print the application after saving.
The application form has a bar code, so please make no changes
after the printout, if you do one needs to take a fresh print.
The next step was to arrange an appointment for visa stamping
which can be done online, once appointment is fixed
one can go to the visa application center which is very
near the Consulate at Breach Candy. They will verify the application
and give you a confirmation of the appointment. Make sure
that you submit your application form at least three business
days before the visa appointment.
To avoid the morning hour traffic we checked into a hotel
near the consulate. The appointment was 10:30 AM, but we
reached the consulate at 10:00. The appointment confirmed
suggested we do not go to the consulate before 10:15, but
went ahead anyway. The security let us in. :) The consulate
was full of visa aspirants, and I braced myself for a long wait.
We submitted our application forms after getting our fingers
printed.
To my surprise, we were called for interview at around 10:10.
The consulate officer commented that I have already lived
in the US, to which I said yes. The question was repeated to
my wife, who also had a stint in the US. Then she asked me
what kind of work I will be doing in US. I gave a rather long
answer which I guess bored her a bit. My six year daughter
complained that it she is tired, the consular officer started
small talk with her. Then she said my passport will be sent
by courier. By 10:20 we were on our way back home.
We received our passports separately over the next 10 days.
surprisingly my daughter got hers within 2 days, but my
wife had to wait full 10 days!
I am in the US now :)
ragz4u
02-23 11:19 AM
http://news.yahoo.com/s/nm/20060223/pl_nm/security_usa_india_dc
Maybe we should involve this org too! Let them know that the ordeal does not end with a visa being granted, but in the true sense, just starts (in case the scientist wants to immigrate)
Maybe we should involve this org too! Let them know that the ordeal does not end with a visa being granted, but in the true sense, just starts (in case the scientist wants to immigrate)
kaisersose
04-16 10:00 AM
Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?
Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?
Thanks.
Maverick_2008
The gap by itself is not a problem. However, an abrupt termination or something similar can create trouble as applying for an EAD at that time and waiting for an approval will take months and cause a lot of stress. It can be painful enough to regret every morning the decision to not extend the EAD just to save $600.
If you do not have a copy of your 485 notice, then you cannot extend your EAD. But if you have it (you should), then it is your property and your employer has no say in this matter. Remember that the H-1b and 140 belong to the employer, but 485/EAD/AP are your own.
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