miguy
07-19 10:18 AM
It depends on the hospital's immigration knowledge. Most of the hospitals in the NY/NJ/CT/MA/CA where there are a lot of immigrants are aware of EAD.
So they prefer EAD over H1/J1 as they can avoid the process of application.
This is from my personal experience. Some states like Maine, New Hampshre are not even aware of EAD. In such hospitals you can take a chance with the expectation of getting a Green card and convince them with the Social security number. Also apply for your social security number once you get your EAD. This really helps if you need to convince the hospital.
Overall having an EAD is a big plus when compared to H1. NEVER go for J1. The waivers are very difficult to get and you'd have a lot of mental tension. I dont think its worth it, if you are planning to stay in USA. My wife stayed home for a year, when she was matched for a J1 hospital. She again applied the next year and got a H1.
Thansk for your reply. In the Residency application(ERAS), there are two categories:
1) Visa - J1, H1, EAD etc
2) No Visa requirement - Green Card/US Citizen.
If we check EAD, they will think that we need a visa which we don't
If we check Green Card, technically we do not have our green cards yet
What is the best thing to do?
So they prefer EAD over H1/J1 as they can avoid the process of application.
This is from my personal experience. Some states like Maine, New Hampshre are not even aware of EAD. In such hospitals you can take a chance with the expectation of getting a Green card and convince them with the Social security number. Also apply for your social security number once you get your EAD. This really helps if you need to convince the hospital.
Overall having an EAD is a big plus when compared to H1. NEVER go for J1. The waivers are very difficult to get and you'd have a lot of mental tension. I dont think its worth it, if you are planning to stay in USA. My wife stayed home for a year, when she was matched for a J1 hospital. She again applied the next year and got a H1.
Thansk for your reply. In the Residency application(ERAS), there are two categories:
1) Visa - J1, H1, EAD etc
2) No Visa requirement - Green Card/US Citizen.
If we check EAD, they will think that we need a visa which we don't
If we check Green Card, technically we do not have our green cards yet
What is the best thing to do?
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salai007
07-17 06:05 PM
My Big thanks to IV core members !!!
karthkc
03-20 12:04 PM
RoseBall,, here is my query..Please answer
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.
If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..
My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
You should be okay on the exp letters, but it will be your 2004 W2 that may turn out to be an issue.
If you have been without pay from longer than 6 months in 2004, then you have a serious status issue and you will need to check with a good attorney to handle that..
My recommendation is to get a good immi attorney who has handled these kinds of cases before and have them do your paperwork....
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chanduv23
11-20 08:57 PM
^^^^^^^^^^
more...
pappu
03-27 12:08 PM
IV can contact this organization since they have contact with media and have done research on immigration
http://www.epic.org/epic/board/burnham/
http://trac.syr.edu/tracdhs/index.html
http://www.epic.org/epic/board/burnham/
http://trac.syr.edu/tracdhs/index.html
eastindia
04-26 03:09 PM
Go watch the simpsons instead of starting funny threads
Simpsons is not cool. It is gay.
South Park is hot.
Simpsons is not cool. It is gay.
South Park is hot.
more...
chandler_vt
04-30 08:17 AM
Where did you get this info? Could you please point out a reference that says so?
You have to think about it in these terms.
1) Say you show the experience. Then it means you were working in US while being on h4. It doesn't matter if you received salary here or not. Like say if some VP of infosys comes to US for a meeting, he is getting his salary in India. But he is here on proper visa to do his work.
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
Someone mentioned a British citizen gets paid in pounds while she works in Cali. See my example of Infosys VP. Its important to know which visa she has. I m sure she won't be on H4.
You have to think about it in these terms.
1) Say you show the experience. Then it means you were working in US while being on h4. It doesn't matter if you received salary here or not. Like say if some VP of infosys comes to US for a meeting, he is getting his salary in India. But he is here on proper visa to do his work.
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
Someone mentioned a British citizen gets paid in pounds while she works in Cali. See my example of Infosys VP. Its important to know which visa she has. I m sure she won't be on H4.
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alucard666
08-27 02:20 PM
I have already moved to company B. Have an i-140 approved from company A in 09/2006. Now that my 6 years are over in 5 months, waiting for Fragomen to determine appropriate strategy for extension since new Perm has not been pending for 365 days. Anyone have experience with extending H1 using company A I-140 when with company B?
more...
dhirajs98
08-18 02:18 PM
sorry to break the bad news to you,but this usually means a denial. My I 140 was approved recently, the online status cleared said it's approved. I read many posts on this forum who had the same online status as yours and their I 140's were denied.
Are you sure it would a straight denial or they can ask for more evidence? And if it is a denial then what are my options? I have another I140+I485 filed with my EB3 labor. Is it possible that denial of EB2 I-140 would affect my EB3 I-140 processing. I remeber that my attorney used my EB2-!-140 receipt when filed Eb3 I-140+I-485.
Are you sure it would a straight denial or they can ask for more evidence? And if it is a denial then what are my options? I have another I140+I485 filed with my EB3 labor. Is it possible that denial of EB2 I-140 would affect my EB3 I-140 processing. I remeber that my attorney used my EB2-!-140 receipt when filed Eb3 I-140+I-485.
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Pagal
02-02 02:33 PM
:) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
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Enebreus
02-09 03:31 PM
Ooooh my bad. Sorry about that. It's kind of like joking about bombs in an airport lol. Its kind of an edgy subject. Anyways, congrats!
It's all good.
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.
It's all good.
That's the problem with sarcasm on the Internet. You can never be sure that it reads the way it was intended. No matter how many emoticons you throw in :)
Congrats to you too. You had a hell of a lot of good entries. I really, really liked your lava flow.
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Ramba
06-18 06:15 PM
485 is a very simle procedure you can do your self. The best thing is download the latest I-485 form from USCIS website and spend some time in reading it. It clearly says what should be attached. Each lwyer says different things. Do not send too much. Do not send all the pages of paspoort. It will defenitly add weight.
Here is the list I sent long time back.
I-485 form
Attachements:
1. 140 approval notice
2. Offer letter.
3. Fee
These three are very important.
3. 4 biographic pages
4.Medical cover.
5. Latest I-94
6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
7. Bio-graphic and visa pages of old and new passport.
8. Birht certificate.
Dependent and Child.
All the 3 to 8.
1.I-134 (sponsership)
2. Bank statemnet (no tax or w2 forms, not needed)
3. Marrage certificate.
Thats all.
got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.
Here is the list I sent long time back.
I-485 form
Attachements:
1. 140 approval notice
2. Offer letter.
3. Fee
These three are very important.
3. 4 biographic pages
4.Medical cover.
5. Latest I-94
6. All the approval notice to prove your non-immigrant stay (most cases H1B approval notices)
7. Bio-graphic and visa pages of old and new passport.
8. Birht certificate.
Dependent and Child.
All the 3 to 8.
1.I-134 (sponsership)
2. Bank statemnet (no tax or w2 forms, not needed)
3. Marrage certificate.
Thats all.
got RFE for Birth certifcate, as it was late registered. I sent a affidavit and very old school document in response to RFE.
more...
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srkamath
08-06 04:52 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
You might want to research this. Good luck.
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
You might want to research this. Good luck.
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Dhundhun
10-02 02:53 PM
As I understand, technically there are different situations - for example,
1. If some one is married to Canadian Citizen, his/her requirement of presence not needed and can hold lifelong Canadian PR, while remainig in USA on GC or as US Citizen.
2. Similarly, if someone is hired by Canadian Company and sent to USA, his/her requirement for presence is not needed.
American Citizen do get Canadian PR, there are some advantage too, such as medical.
1. If some one is married to Canadian Citizen, his/her requirement of presence not needed and can hold lifelong Canadian PR, while remainig in USA on GC or as US Citizen.
2. Similarly, if someone is hired by Canadian Company and sent to USA, his/her requirement for presence is not needed.
American Citizen do get Canadian PR, there are some advantage too, such as medical.
more...
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whitecollarslave
01-23 01:37 PM
$1000 is a lot for Premium Processing and VSC is profiting a lot from this. They are running a business for sure....
Its only extensions which are a long time.
USCIS is self-funded from application fees. They don't get any other funding as far as I know. So, sure they are running a business.
I know its not cheap, but atleast there is a way. I have been in this long enough to know times when it took a long time without an option of premium processing.
You can always make your employer pay for the fees.
Its only extensions which are a long time.
USCIS is self-funded from application fees. They don't get any other funding as far as I know. So, sure they are running a business.
I know its not cheap, but atleast there is a way. I have been in this long enough to know times when it took a long time without an option of premium processing.
You can always make your employer pay for the fees.
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gc28262
04-28 09:12 PM
I guess employer need to revoke unused H1Bs as part of H1B rules. Maybe that is the reason employer revoked past H1Bs to keep their side clean.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
I remember reading Murthy bullettin where she mentioned back-wages are an issue if H1B is not explicitly revoked.
My guess.
more...
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sheela
09-25 01:22 PM
Has your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
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kondur_007
02-23 07:11 PM
Well, in the middle of negative comments, I have something positive to add here.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
I do agree that what you did was not a right thing to do on H visa; however, it is not uncommon, mostly because many people are unaware of it.
In any case, I have following comments/solutions for you:
1. When you worked on 1099, you violated H1 visa status, so you were out of status starting from the day you first worked on 1099. However, you were not "illegally present"; only "out of status".
2. Since you have not filed 485 yet, you can correct this thing before filing 485, and here is how:
If you have H1 visa stamped on the passport already, it is very simple. You need to go to Canada, Mexico (to have a margarita :)) or any other country and come back (make sure you get new I94; so preferably do this by air). And then file 485. The rule is, your "out of status" period counts from your last legal entry and nobody will question you for the "out of status" period before that.
If you do not have H1 stamped, you need to go to your home country and get it stamped first and then come back on new I 94.
Above applies to all the dependents as well.
3. I know of a case on a different forum where USCIS actually denied 485 on the grounds of this 1099 issue (do not want to scare you, but it can happen as your "out of status" days will exceed 6 months and 245 (k) will not protect you). In that case, the person affected is going to "reenter" and then refile 485 (using the same 140 and PD); and I believe he will be successful (I donot know whether he already did it or not). In your case, since you have not yet filed 485, above solution 2 will be the best option.
Lastly, I AM NOT A LAWYER and I do not know all the variables in your case! Follow the advise of a good lawyer.
So at the end; I will not advise anyone to break the law and work on 1099 on H1 as it is clearly unintended use; but yes, it is fixable....
Good Luck.
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omved
07-17 06:48 PM
We should thank them all who worked for the cause. An official thank you gesture from IV would be sufficient I guess...
pbojja
10-24 12:22 PM
Hi,
I am in the same situation.
I went to India to get married in sep 2008 and went for stamping for my wife and she got stamped for H4 untill 2011 feb. and we are back on to US. After reaching here I have my GC in my mail.
my PD is may 2006 I am waiting to add my wife to my GC I talked to the lawer and he said once the dates are current we can add her.
lease let me know if we need to do any thing..
Thanks,
There is nothing like adding her to your GC.You have to apply for her 485 when your date is current again ..Nothing you can do till your dates are current again ..I guess you missed opprtunity in Sep 08 .
I am in the same situation.
I went to India to get married in sep 2008 and went for stamping for my wife and she got stamped for H4 untill 2011 feb. and we are back on to US. After reaching here I have my GC in my mail.
my PD is may 2006 I am waiting to add my wife to my GC I talked to the lawer and he said once the dates are current we can add her.
lease let me know if we need to do any thing..
Thanks,
There is nothing like adding her to your GC.You have to apply for her 485 when your date is current again ..Nothing you can do till your dates are current again ..I guess you missed opprtunity in Sep 08 .
Berkeleybee
03-07 10:38 PM
Glad you got in touch with Jay (logiclife). I will let him respond to these questions.
Thanks,
Berkeleybee
Thanks,
Berkeleybee
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