s_r_e_e
08-05 04:59 PM
Apply EB2 if you can.
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.
SeanDell
05-29 01:40 PM
?....
pappu
12-20 10:05 AM
Thanks. Havnt contacted him yet.
post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.
post a contact link or email here (for both Stephen Colbert and Jon stewart) so that some members can write to them.
more...
sk.aggarwal
02-16 08:29 AM
Thank you very much for your reply.
painful_GC
05-24 11:47 AM
Hi..Many thanks for the reply..I recieved my H1 B approval but as i want to take a break i would like to proceed with my L2...So one more query..I would like to proceed with Online filing..once done online..how to send the Paper by Post ?? will they notify after i e-file ??
Sorry for the trouble
Sorry for the trouble
more...
gcwaiting17
08-07 02:31 PM
Also there are no LUDs on both the cases. Not even a single LUD since the case moved from CSC->NSC. After that we went for FP in Nov. 2007.
No LUDs for that also.
No LUDs for that also.
Mr. Brown
09-30 05:53 PM
... there are always idiots in any group.
more...
krishnam70
03-26 12:40 AM
Roseball,
This is a very good alternative that you have suggested. Does this mean that i can have my full 12+17 months of my OPT, and my H1 will only start when i do the stamping in India. But in that case i would need to have the same employer at the time i enter correct? Also what if i want to change my employer after i have my H1 stamped while coming inside the country?
Thanks in advance.
Comes with a risk at POE. You could be stopped and its happening to H1's too.
- cheers
kris
This is a very good alternative that you have suggested. Does this mean that i can have my full 12+17 months of my OPT, and my H1 will only start when i do the stamping in India. But in that case i would need to have the same employer at the time i enter correct? Also what if i want to change my employer after i have my H1 stamped while coming inside the country?
Thanks in advance.
Comes with a risk at POE. You could be stopped and its happening to H1's too.
- cheers
kris
Chris Rock
08-12 01:27 AM
IV core,
Thanks very much for your tireless work.
I have some serious questions to you. Hope you will answer them. I fully understand that you are all volunteers. I am not demanding anything; rather this is a request...
1) Does IV working on any temprory EB visa fix for people waiting for 8 years? Or IV is waiting for CIR to happen?
2) A simple one line amendment (that is easily acceptable by the lawmakers) in a must pass bill will fix the problems of long time sufferers. Does IV have anything in its agenda?
3) Does IV beleive in bringing releif to IV members in steps or do you want to solve all members problem in one shot? If the second case is true, is it possible in this economy?
4) Recently many immigration related amendments are debated in congress; not for one bill but during two bills. There was no single amendment that helps the heavily retrogated categories. Why IV is not successful in requesting the lawmakers to bring up an amendment? Is there a single soul (lawmaker) sympathetic to our cause? If money is the only issue, I will donate first and persuade my friends to do the same.
We (me and many of my friends) were once active members right from the early days of IV. We contributed and involved in every IV initiative before. Now we are in the sidelines. I strongly beleive, members like me will be active again once we see any hope. Right now there is none.
Thanks very much for your tireless work.
I have some serious questions to you. Hope you will answer them. I fully understand that you are all volunteers. I am not demanding anything; rather this is a request...
1) Does IV working on any temprory EB visa fix for people waiting for 8 years? Or IV is waiting for CIR to happen?
2) A simple one line amendment (that is easily acceptable by the lawmakers) in a must pass bill will fix the problems of long time sufferers. Does IV have anything in its agenda?
3) Does IV beleive in bringing releif to IV members in steps or do you want to solve all members problem in one shot? If the second case is true, is it possible in this economy?
4) Recently many immigration related amendments are debated in congress; not for one bill but during two bills. There was no single amendment that helps the heavily retrogated categories. Why IV is not successful in requesting the lawmakers to bring up an amendment? Is there a single soul (lawmaker) sympathetic to our cause? If money is the only issue, I will donate first and persuade my friends to do the same.
We (me and many of my friends) were once active members right from the early days of IV. We contributed and involved in every IV initiative before. Now we are in the sidelines. I strongly beleive, members like me will be active again once we see any hope. Right now there is none.
more...
HOPE_GC_SOON
07-15 10:56 AM
Guys:
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
krupa
07-09 12:29 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
more...
krupa
07-10 09:02 AM
Can u post the link to that bulletin announced on 9th july 2007? We didnt find anywhere ?
vaishu
Visa Bulletin
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
Input by Krupa:
The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.
vaishu
Visa Bulletin
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
Input by Krupa:
The above is the visa bulletine. I wanted know what is the impact on leagal status of old bulelletins.
Bezzer
09-07 08:38 AM
yeah i thought the older one was better... but hey do what u want...
:)
:)
more...
bestia
11-10 03:56 PM
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.
Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.
helpfriends
04-15 11:55 AM
It's not for me(thank goodness!). I was just curious - someone else I know has done this.
more...
freedom1
01-19 04:19 PM
Hi to all,
This morning I received the e-mail message below.
Does this means that an approval letter has been sent to me?
Has anyone received such an e-mail?
Thanks,
Freedom1.
-----------------------------------------------------------
Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
This morning I received the e-mail message below.
Does this means that an approval letter has been sent to me?
Has anyone received such an e-mail?
Thanks,
Freedom1.
-----------------------------------------------------------
Application Type: I485, APPLICATION FOR STATUS AS A PERMANENT RESIDENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On January 19, 2007, we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
royus77
06-25 10:19 PM
Yes, I believe they were filed together - I saw a note in their web site. But why would they file 539 ? she is out of country already. Isn't I539 to extend stay only if u are already in the country ? And yes i already got an appointment in chennai. But the twist is, HR says they "informed" the attorneys to do PP. It is already 11 days and no receipt #. HR is tight lipped as to whether attorneys did infact file PP. If they did not, am i screwed ? Dont you need a receipt# atleast to bump up to PP?
I got notification for the same Receipt number which i had( Applied regular processing on May 15 and bumped to PP on 06/20 .Infact USICS notification came 2 days after my attroney received mail for PP
Receipt Number: EAC0716050372
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Request for Premium Processing
Your Request for Premium Processing Service for your I129 PETITION FOR
A NONIMMIGRANT WORKER was received on June 22, 2007. We mailed you a
receipt with information about processing. We will mail you a decision as
soon as processing is complete You can use our processing dates to
estimate when this case will be done. Follow the link below for current
processing dates.
I got notification for the same Receipt number which i had( Applied regular processing on May 15 and bumped to PP on 06/20 .Infact USICS notification came 2 days after my attroney received mail for PP
Receipt Number: EAC0716050372
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Request for Premium Processing
Your Request for Premium Processing Service for your I129 PETITION FOR
A NONIMMIGRANT WORKER was received on June 22, 2007. We mailed you a
receipt with information about processing. We will mail you a decision as
soon as processing is complete You can use our processing dates to
estimate when this case will be done. Follow the link below for current
processing dates.
rockstart
02-05 01:13 PM
Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.
hdos
06-10 05:00 PM
What if my employer does not respond at all.
What are the chances for the extension? there must be some way.
How can I buy some more time so that I can find some other way around?
What are the chances for the extension? there must be some way.
How can I buy some more time so that I can find some other way around?
yagw
07-27 01:55 PM
yagw,
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
By law, you need to notify change of address within 10 days of your move.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
By law, you need to notify change of address within 10 days of your move.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
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