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I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.

I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.

The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.

What are my options?

Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?

I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.

Any other suggestions. If there are tax implications, I would appreciate some feedback.

Thanks for the service.

IV is meant for discussing topics/issues related to employment-based green cards. I am not sure if we can discuss any other extraneous topic here. :confused:

Now I am confused with the PD of labor...

Here is the scenario -

Labor - Approved
PD - April 2007
I140 Pending
6th year H1B expiring on march 2008.

Assuming I140 will not be apprved by March 2008, can we get 1 year Extension?

Please post the following:
Receipt notice date:
How long it took to receive approval:
Category:

That's why I only buy from B&H when there is no otehr choice.
Not this case, not yet.

Hey All,

I am on H1B on Indian passport and my current H1B that is stamped on passport will expire on March 18, 2010.

Recently, I got my H1b visa extension until 2012.

I'm currently working for my end client "X" from last 2 years and H1b holder is company "Y".

I am planning to go to India first two weeks of February and return on 17th Feb from EWR and returning back to EWR.

I do hav an employment verification letter obtained from my manager at end client "X".

I am planning to do my visa stamping while in Mumbai. I have 4 questions :

1) Looking at the current scenario, where most of H1B stamping at Mumbai consulates are going through administrative process;
do you recommend me to go to Mumbai for new visa stamping ?

2) If I simply return on my current visa, will the officer at POE ask me - why I did not get new H1 stamped on passport when I have 30 days for current to expire ?
Any advice ????????

3) I have confirmed tickets for me, wife and kid to arrive at Newark. Do you guys think it is wise to change the aiport to some other airport ?

4) Do you think dropping the plans going to India is more feasible than dealing through points 1-3 above.

I need your advise as soon as you can. Please share with me your viewpoints in the best possible way.

One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.

Hi Gurus...


I am one of the July 2007 EAD filers and did not file for AP at that time.

So I am in the process of the renewing EAD & Applying for AP for the first time.

I have couple of questions..
http://immigrationvoice.org/forum/images/icons/icon8.gif
Angry
do you get Finger Printing for EAD Renewal ?

do you get Finger Printing / Biometrics for first time applying of AP [Advance Parole]

Your help is much appreciated
this is my experience - I efiled for myself for EAD only (no AP applied so far - we had been to India recently) and I got a FP notice. for my wife, we renewed by postal mail and she didnt get any FP notice -- we already recd her EAD card (in roughly 25 - 30 days).
I had efiled mine few days before her and so
far nothing - only soft LUD's.
and yes ..EAD was renewed for only one year ..so I guess USCIS still treats this as a cash cow !!!http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:

The font and color of font doesn't fit in the apple stamp ;)

How about this then?

Hello Leo,

I am not a lawyer so don't take my word ... but this is what I have heard.

Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...

You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.

Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.

Regards,
GreenMe
my freind labor thru PERM is taking upto 150-180 days if ur application is in Atlanta.....they are hatching the files......saala when dates are current my labor in not clear......kya karega pandu jab kismet saala g&%*$u

Dear Lofgren,

Thank you very much for your great effort to resolve our issues.

I-485 RFE details.

Needed evidences:

1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.

We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?

As far as i know medicals are valid for 2 1/2 years.

Answer to your next question is, there could be many possibilities.
1. USCIS might have lost your original 693
2. There could be something which is not clear in the original 693 etc

Don't worry much. Just give them what they asked.
Its good that they opened your file.

Govt. has stipulated some wage while doing LCA. I think these activists should go after the govt. to raise that wage if they feel if it is low.

Sent just now.

Hi All,

Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..

My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...

meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......

I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....

I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...

In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......

If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....

Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...

Please help...any help will be highly appreciated.

I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...

yes, really I missed that oppurtunity by 7 days. my only question is
Can she stay here until I94 expires? or for 180 days?

Thanks

Investing in a company -> Yes (shareholder)

Own a company -> No

On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

This has been my research on the internet and is not from a legal advisor.

Could you tell me what the difference is between owning a company and being a shareholder? :-))

Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.

Please help with the contribution drive

http://immigrationvoice.org/forum/showthread.php?t=21817

My employer is not paying salary. Where I should complain about him so I can get salary.

Thx

Congrats!! you both..

We have some talented hardworking young men & women who are always on top of things. This group of wo/men are IV-Core. They know all the bills that are being introduced, and definately IV will support whichever one (beneficial to us) if/when it comes out (Either House/Senate). But the thing to remember is that there is a long procedure. Just because of introduction, dosent mean they would be on calendar.
Some of these bills are place-holders, some of these are just like pressure building tactics, and some are to please some big lobby (High-tech employers lobby) that "look I got the bill introduced", I care. Dosent mean that it will be on calendar. Lots of these so called bills, never make it to the calendar. It might be that one or two may get bundled into CIR.
NOW. The most important thing for us is to not get excited that this bill, or that bill has gotten introduced. We need to build on it and raise awareness. Not on the forum but by meeting our lawmakers. When lawmakers in all 50 states get some feedback one-to-one meeting with IV members, that will get them thinking. Some of them do not know that these bills are being introduced and mayget introduced.
It is our goal to highlight that this will help us, so when they go back they pay attention to our issues.
So if you havent scheduled a meeting with your congressmen, do it. Leave all the rest to the core team. They are already doing the needfull.



We should definitely support this bill. It will help reduce the EB backlog for us considerably. There are two provisions in this bill which if passed would help reduce the backlog a lot.

a) Exempt spouses and minor children of the principal applicant from employment-based immigrant visa quotas. At least half the backlog is due to dependents of the applicant using GC visas and this should reduce the backlog considerably.

b)� Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas, in addition to those who are deemed to have extraordinary ability, are outstanding professors and researchers, and whose presence is determined to be in the national interest of the United States. Another 20% of the applicants specially with indian passports would fit this category and hence thought would reduce the backlog significantly as well.

c) The most important thing about this Bill is that it offers some relief entirely for the skilled employees without associating them with the fate of illegals. There is very little controversial elements in this Bill. Remember the main bone of contention between Democrats & Republicans in CIR is about the fate of illegal immigrants and how tough an approach they should have on them. This might easily scuttle CIR this year and we might have to wait till 2009 before anything else comes up again. There is not much that the parties disagree on with regards to Hightech skilled workers and a bill such as this which offers interim relief has much better chance of being passed. Agreed some groups such as IEEE-US might oppose it (specially the provisions related H1B increase) but even IEEE-US does support sorting out the EB GC issues and backlogs and might support those provisions on this Bill.

In conclusion IV should definitely support this Bill.



$20 per month.

EB2 - PD Jan 05

My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.

Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.

My question...from anyone else's experience/info

Will I get a RFE for the PERM LC hard copy or a rejection?

How does that affect my pending EAD/485? think i know answer..all goes down, right?

I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..