suavesandeep
01-08 02:30 PM
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
Having a green card would be your best option. By even asking this has an option, it looks like getting one would be a piece of cake for you.If thats the case good for you :) Many of us here have waited/waiting for 8+ years to get one.
If getting Green card immediately is not an option I would recommend extending your L1/L2. because on basis of your L2 visa you should be able to get/extend your EAD and be eligible to continue to work here.
As others said on H4 visa you cannot or are not supposed to work.
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
Having a green card would be your best option. By even asking this has an option, it looks like getting one would be a piece of cake for you.If thats the case good for you :) Many of us here have waited/waiting for 8+ years to get one.
If getting Green card immediately is not an option I would recommend extending your L1/L2. because on basis of your L2 visa you should be able to get/extend your EAD and be eligible to continue to work here.
As others said on H4 visa you cannot or are not supposed to work.
cdeneo
01-05 04:44 PM
I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).
Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
McLuvin
03-04 05:31 PM
Sorry!!! Handle?? Short Name??? I did not get it
loudoggs
11-29 06:36 PM
In my opinion, honesty is the best policy. This was 6 years ago and if you have a clean record ever since, you should be ok (according to me). You committed a mistake, admitted it and learned from it.
On the other hand, if you do not declare the conviction and they find out somehow, then that is a certain denial.
You have to make the choice. Good luck.
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
On the other hand, if you do not declare the conviction and they find out somehow, then that is a certain denial.
You have to make the choice. Good luck.
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
more...
rta2009
11-25 07:38 PM
I'm not attorney but I'm suggesting based on my experience .I know answers as Ive gone through this recently...
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
1. Yes , Your PD for approved 140 is your possession. You can port it in your future 485 process of GC with your future employer even if your old employer revokes it.
2. You can get three year extension to your new H1 transfer with your current approved 140 of old employer.
3. Yes, You can.
Please let me know if you have any concerns.
Dear peacocklover,
Thank you for your helpful answers.
I'm in a similar situation even though in my case, the reason for H-1 transfer is because I might get laid off (my boss tell me to start looking around - massive lay off is coming).
May I ask one question to clarify your answer?
It's regarding #3, "once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer", and your answer is yes.
So, once I complete the transfer to a new employer, can the previous employer "safely" revoke the H-1 and I-140, and won't have any effect on my newly transferred H-1?
(My boss will try to work it out, to keep I-140 open, but they plan to revoke it as soon as I got a new job).
Many many thanks :)
Have a wonderful Thanksgiving.
larmani
08-14 12:30 AM
Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.
My lawyer also done the same thing. However, TSC sent a reply back saying contact National Service Center.
My lawyer also done the same thing. However, TSC sent a reply back saying contact National Service Center.
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validIV
03-25 12:13 PM
Donno what to experiment on this market...wether to try in related techologies or WAIT?
Wait for what? You are technically out of status being unemployed for 4 weeks. Talk to an immigration attorney to find out what your choices are.
Wait for what? You are technically out of status being unemployed for 4 weeks. Talk to an immigration attorney to find out what your choices are.
sam_hoosier
11-27 01:34 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.
more...
ashkam
02-25 01:00 PM
She doesn't have to go for H4 Visa stamping, as she already has a valid H4 Visa stamping valid until Aug 2009. (I think). I'm more worried about Port of Entry, if she will have any problems..
You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.
You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.
roseball
04-20 02:04 PM
I dont think there is any need to apply for amendment in premium processing as long as you file the amendment before your current I-94 expires (which in your case is the date of EAD expiry).....I would suggest you to check with some other lawyer too regarding this because $1000 is not a small amount....
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checklaw
07-19 11:30 AM
CIS AFM (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2)
Thanks very informative.
Thanks very informative.
meet_rayhan
08-10 06:43 PM
Hi,
I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.
My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.
Thanks,
Rayhan Khan
I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.
My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.
Thanks,
Rayhan Khan
more...
nisthana
02-18 06:11 PM
Thanks for replying. I just came back from the court and got back the following
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
ganam
02-21 08:57 PM
Yes. It is possible to do H1 Transfer and use AC21 without disrupting the GC process.
Please go to
http://www.murthy.com/news/n_nuacp2.html
and see Question 11. Do I have to use an EAD to use AC21?
Please go to
http://www.murthy.com/news/n_nuacp2.html
and see Question 11. Do I have to use an EAD to use AC21?
more...
ameryki
06-27 04:05 PM
I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????
I think it is 2 years for approvals that occur after June 30th. Which means yours might be a 1 year deal
I think it is 2 years for approvals that occur after June 30th. Which means yours might be a 1 year deal
venky321
02-24 12:53 PM
Its probably a good thing that LCA laws are being enforced. If a person hasn't gone on the bench and has a valid LCA, I don't think that person would be affected by this.
Consulting companies who adjust with the times and work to comply with the enforcement might come out of this stronger when the recession ends.
Consulting companies who adjust with the times and work to comply with the enforcement might come out of this stronger when the recession ends.
more...
yabadaba
07-23 07:10 AM
akshayadalti -> person who voted yes...please provide more details
hibworker
03-21 11:04 AM
I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.
It is part of new employer - employee relationship memo. One of my friends has been working for 3 yrs at US Company via 2 layers of vendors. He went for stamping at Delhi 2 months ago. During the interview he was told that his visa has been approved - however a week later his passport arrived with visa denied.
It is part of new employer - employee relationship memo. One of my friends has been working for 3 yrs at US Company via 2 layers of vendors. He went for stamping at Delhi 2 months ago. During the interview he was told that his visa has been approved - however a week later his passport arrived with visa denied.
raysaikat
06-05 09:27 PM
I think my question is: is it possible for USCIS to review the case and change the decision they made after approval? Thanks.
Yes, it is possible.
Yes, it is possible.
tdasara
08-28 04:02 PM
Remember to get a MS in Computer Science you have to complete a few prerequisites else no University would offer you the degree.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
If your Prevailing Wage Requirement states the minimum requirement is MS in CS (and/or experience) you should be good.
kshitijnt
04-25 09:33 PM
New OPT rule says that you should not be unemployed for more than 90 days on OPT. Since you are on OPT, you are not out of status. You need to find a new job ASAP.
If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
You will need approved petition or receipt number to transfer H1.
As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.
If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
You will need approved petition or receipt number to transfer H1.
As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.
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