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  • induk
    03-20 03:13 AM
    if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.





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  • BharatPremi
    07-27 02:37 PM
    After EAD is approved, H4 can work anywhere in any job.

    O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

    Now real question should be "Should I use EAD or Should I be on H1/H4?"

    If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.





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  • godspeed
    01-06 09:19 AM
    very good advice
    thanks for sharing this info
    I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

    Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

    When you first approach the Immigration officer let him know that you are using Advance Parole.

    Surrender all your i-94s while leaving. Make a copy for your records (both sides).

    I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

    The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

    Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.





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  • insbaby
    07-31 01:13 PM
    Dream:
    EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)

    Happened:
    EB3 I - OCT 2005 - 01/JAN/98
    EB3 I - OCT 2006 - 22/APR/01
    EB3 I - OCT 2007 - 22/APR/01
    EB3 I - OCT 2008 - 01/JUL/01

    Expected:
    [Deleted as people take it seriously]


    Here is the updated content:
    EB3 I - OCT 2009 - God Only Knows
    EB3 I - OCT 2010 - God Only Knows
    EB3 I - OCT 2011 - God Only Knows
    EB3 I - OCT 2012 - God Only Knows
    EB3 I - OCT 2013 - God Only Knows
    EB3 I - OCT 2014 - God Only Knows



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  • learning01
    05-24 03:04 PM
    I wrote to a lot of anchors, newsmen. Got 2 replies. One was from Bloomberg, the financial TV channel. I co-ordinated with IV media team and they took it from there and a nice story came two weeks ago, as you can see from a link at 'IV in News' or here (http://www.immigrationvoice.org/index.php?option=com_weblinks&task=view&catid=19&id=52)

    sertasheep,
    I had emailed 4-5 different reporters (Oklahoma City, Tulsa, Dallas, Houston) who had recently published articles on immigration. The reporter from Tulsa emailed me back the same day (within a few hours) saying that he is interested in the "legal immigration" angle and would like to pursue it if I was willing to be interviewed and be photographed. I set up a time and place for the interview and the photo.

    I had two conditions that the reporter agreed to:
    1) He would not use my employer's name, and
    2) After he finalizes his story, he would read back all my quotes to me to ensure no misquotations.

    He graciously complied with both my requests. I was surprised to see front page coverage. I sent a Thank you email to the reporter after the article was published. He told me that various people (legal immigrants) from the Tulsa area had contacted him after reading the article and wanted to know more about Immigration Voice.

    Let me know if I can be of further help.

    Good luck,
    Salil





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  • perm2gc
    01-06 04:46 PM
    My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).

    Please let me know if there is any merit in the above statement?
    Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.



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  • WillIBLucky
    11-17 11:54 AM
    Yes, 2007 will be the best chance we would have. After that its all political stunt as we saw this year before elections.

    I sincerely hope I am wrong in this assumption.





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  • rbharol
    09-20 12:24 PM
    Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.

    Thanks in advance for your answer.

    Answer from my Lawyer is No.

    I tried to commercialize my website which you see in my signature. Plan was to sell
    the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.



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  • ita
    01-16 11:13 AM
    Thank you so much vin13.

    So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
    So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?

    Thank you again.

    Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

    You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

    Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.





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  • amsgc
    06-16 02:02 AM
    AMSGC

    Will this be a problem in name check process of I-485. I have contacted my lawyer and waiting on his reponse. If he gives me a go ahead I am going to fix it first thing monday morning.

    Thanks
    Murali

    Murali,
    I have not even filed the I-485 yet. I just gave an objective thought to your problem - I personally would have had it fixed. At the very least, find out if it is just a typo on the card, or if your name associated with the number is backwards, which I think is a serious issue.



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  • Blog Feeds
    10-28 12:00 AM
    AILA Leadership Has Just Posted the Following:


    http://1.bp.blogspot.com/_BVX2dyjOs1A/Sud-zjPBalI/AAAAAAAAACQ/s1h5c-dE0wU/s320/Immigration+Lines.jpg (http://1.bp.blogspot.com/_BVX2dyjOs1A/Sud-zjPBalI/AAAAAAAAACQ/s1h5c-dE0wU/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.



    I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.



    However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).



    My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:

    First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.



    Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.



    Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).

    Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.



    Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.



    I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).



    The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.

    We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).



    You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:



    India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.

    China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.

    Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.

    And these waits are from when the person STARTS the green card, not when they come into the United States.




    I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.

    The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.



    Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?



    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?

    I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
    https://blogger.googleusercontent.com/tracker/186823568153827945-159310338954847679?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html)





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  • mysticblue
    08-20 02:42 PM
    just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.

    But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.

    Fortunately, the situation has improved now. I just got to know from the USCIS site that my H1B transfer to Company B has been approved (Current Status: Approval notice sent.). So I think, I may now be able to directly transfer my Visa from Company B to C. However, I came to know that my current employer (B) takes a long time to hand over the approval notice to the employee (about a month). I don't think Company C can wait that long for initiating the new H1B transfer. Also, the termination deadline of August end from Company B still remains, which means that I have to transfer to C before end of this month.

    1. If getting the approval notice from B gets delayed, can I use the receipt from B to transfer my visa to C ?

    2. If not, is there any other alternative I can go with ?



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  • sundarpn
    01-08 06:27 PM
    Just FYI.
    Back Feb 08, before going to chennai, I email the US consulate a nogales, Mexico and they did respond that mine was present in the PIMS system. (This might have changed, I don't know)

    Later I heard that they were doing it only if one had actually booked an appointment at that consulate. (which can always be done and then cancel, I hard was cheaper to book appointment at US consulates in mex).





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  • krishmunn
    09-30 11:58 AM
    Unfortunately NO. you cannot declare anything while leaving India.


    Not correct. You can declare your stuff , including Jewellery, right after immigration check at customs counter when leaving India. I did it once for my laptop long back.

    Also, carry your Indian receipts.



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  • gc2005
    11-17 01:35 PM
    SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.
    I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.





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  • days_go_by
    09-12 06:49 PM
    Any advise about Unpaid vacation period in usa for h1b's and staying in usa.

    What is the legal vacation period in usa for h1b's? And how long it could be!!!
    few weeks or few months???

    Thanks...
    -----------

    I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
    You have to be on a payroll to maintain your status.



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  • miguy
    06-16 01:52 PM
    anyone?





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  • TO BE OR NO TO BE
    05-17 01:17 PM
    nshah1968

    Can you please provide me with the information? I am looking for a lawyer too.

    Thanks





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  • TeddyKoochu
    09-25 11:30 AM
    No worries,

    go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

    in the above link go locating the following news line, read and enjoy

    ""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

    Thanks for this info once again ! I was able to read it. I hope its reality by year end. Giving you green.





    lazycis
    08-15 10:15 AM
    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!

    It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.





    VivekAhuja
    02-20 03:45 PM
    GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.



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