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I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.

I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.

When i was in a fortune 5 earlier in my career, Fragomen & Assc were my attorneys as well. Never had such thing in the past nor heard of it. By the way, thousands of people work from home in a company where i was also working from home till yesterday. ( today 7/21 i don't have a job due to EAD processing delays )
it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
Normally my wife is the one who is used to post or follow up on the latest here.

This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

One other point the fragomen lawyer said is - this is going to be the case for all thier clients.

I also work for Big4, but I work in IT. Wait time depends on your country of birth and the category of your application. If you are from India or China in Eb3, then you would be better off not applying because you will most likely retire before you get your green card.

It may be helpful to apply in Eb2. I am not sure if CFA Lvl 2 will qualify you for Eb2. But if you have Masters degree in your area of expertise then Eb2 should not be an issue. Performance bonus is not a measure of exceptional ability for Eb2.

You will have to provide more details or you will have to understand the process to estimating the time it will take for the approval. Given the size of the backlog, Eb2 is always better than Eb3. Ultimately, it depends on your employer and your job requirement.

My self and my wife both are on H1B. Both are working for different companies.

I filled I 485, EAD and AP through my company, for my self and my wife.

Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



Your help will be really appreciated. :)

Last year even I did not get my AP though it was approved. It was lost in mail. I had called USCIS several times and tried to request a duplicate copy. They said they cannot do it. I had sent letters to senator, senator's office sent letter to USCIS and nothing worked. what a PIA, $305 for no reason.

Last month I self applied for my wife and got the approval in couple of weeks. ( On another note, her last approval was until Jan 2010. New approval is until Oct 2010. So we paid $305 for nine months which does not make sense. They should have approved until Jan 2011.)

One suggestion for all self filers is to include a self paid USPS envelope with tracking number and request in your letter to USCIS to send the final decision (not receipt notice) in that envelope. It will cost few extra dollars but its worth. Atleast the chances of getting lost in mail will be less.

so here is exact question , what about if i get GC approval before my PD gets current?

You mis-understood the concept of PD then. Your I-485(GC) won't be approved until your PD is current.

Dear experts.. Need your advise..

I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries

1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )

2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?

3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?

Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?

5) If I come to US on L1, is it possible to change status to H1?

Any help will be greatly appreciated.

How did you come to this conclusion?

From previous experiences, USCIS will work like crazy and use up all
visa numbers for EB2. Like they did last September - approving 60000 or so appplications.

First of all,

If i may ask, do you have valid visa stamp in your passport?
If so, (and if circumstances permit), plan to complete your travel with in that validity.
Honestly if it's a family emergency (god forbid ) then it's a decision one has to take.

Another option is convert your husband's H1B in to premium, so that you can get your H4 with a valid I-94 as well and you are safe. Ofcourse if your visa expires in the passport, all you have to do is appear in one of the US consulates in india. There shall not be any problem for H4 stamping
OMG are you guys saying dont travel even in emergency situations?!!

I was reading up on gift tax. Normally, it is the donor (the person giving the gift) that pays the gift tax (if at all.)

What if your family (who lives outside the USA, and does not have greencard/citizenship) sends you some money, in excess of $12k.
Now, they don't file US taxes, so they don't pay any gift tax.

And this is not declared as an income in your income tax statement.

Do we have to pay any kind of gift tax or anything on it?
Do we have to declare it anywhere?

Thanks To You All It Would Not Have Been Possible Without Your Support!!!!!!!!!!!!!!!!

In 2010 - around 20K visa is issued in EB2 and around 3K in EB3...

Does anyone know the exact demands for each year from 2005 ,2006,2007,2008, 2009 ,2010,2011 -- then it will give clear picture .

Thank you very much for all your support.

Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ? If I leave without informing him, then what he can do on me ?

Please Help Gurus....:confused::confused::confused:

In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

Experts, please comment. I may have to face this scenario.

Thanks!

Abhijit
Contribution so far: $100

The points for to-do-list after GC by Samswas are great..Just a little comment as I talked to my attorney now...

DON'T throw away, rather keep your I-94, as you never know, until you get citizenship, what documents you may need to show in which circumstances varifying legal status leading to GC... It is just a word of caution not to discard the I-94 but to archive safely, but he is right that we should not give it to airline official....

Best wishes to those who are waiting...


Can anyone please explain why we should not give current I-94 card to airline official (after getting GC) when you go out of the USA ?

NSC Dec 2007 Processing Times says:


Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?

If a person is stuck in namecheck, or has an RFE... his/her case in not counted in II485 backlog at that time.

I have filed I-140 in May 2007 and it is still pending. Is there anyone in this same situation??Please let me know to whom to contact.

-M

NSC is processing 140's filed on or before Apr 6,2007 - Once the processing dates shows your filing date, on 31st day, you can ask your employer to open a service request. NSC respond to your SR within 45 days. Hope this helps.

hi,

Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.

Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.

Also what should I fill in the
"Please provide information concerning your eligibility status"

Please suggest.


AOS pending

Easy...

Q6: What happens if an application is filed at the wrong Service Center?

A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.

http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf