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Do you think the birth certificate from Indian consulate ( here in US) are acceptable?
Did you try that option?

Birth Certificate from consulate are not acceptable to USCIS. Please check wiki for details.

Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....

Folks,

employer's attorney claims that there is no such thing as H4 premium processing.

Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

I searched all Mathew-Oh updates dated one year ago and can't locate it.

I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

Can anyone please help?

All:

My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.

TSC - 485 went back to January 2007?????

this may help also :-

Alternate Document (http://www.hammondlawfirm.com/alternate_document.htm)

Birth Affidavit (http://www.hammondlawfirm.com/birth_affidavit.htm)

Birth Certificate (http://www.hammondlawfirm.com/birth_cert.htm)

Birth Certificates Green Card Permanent Residency (http://www.usabal.com/permres/AOS/birth_cert_info.html)

can she move from H1 to EAD immediately?
Yes

what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office?
Pros are -
She can work for anyone or even not work at all

Cons -
The only risk here is the probability of your 485 being rejected. Also, having to use AP and renewing EAD/AP every year.

Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
You should be able to start any kind of company. The simplest way would be to get a DBA (Doing business as) for her. Should take no more than 15 minutes at your local county office. That should suffice for independent contracting. She would then be on a 1099 with her client.

Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?


You can always keep your company "open". You don't lose anything if you just have a DBA.

Once she have her own company then she will work thru that company corp-to-corp or 1099??
If you start an LLC or C/S corp, then it will most probably be a corp-to-corp and can get tricky with a lot of paperwork involved. DBA should be the most simple way if you are not planning on actually starting a "consulting firm" with more employees.

Although I was not affected, my colleague who joined most recently this company for $100k salary on consulting project was scammed. He was astonished when he received his pay check, the reason being this company deducted 33% tax then deposited reaming amount on bank which was further liable to tax deduction from IRS.

For example

100k/12 = 8333/pm -company deducted highest tax bracket 2525(33% of 8333) as tax then deposited 5808/pm on bank account, after IRS withholding he got around 4000/pm.

We need to stop such scams by let labor department know about this and arrest him to set an example to other consulting companies saying we are not uneducated.

babu123
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..


Make sure that your co-worker is the one who you reported rather than a peer .It will fetch a lot .

Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?

The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


Thanks

If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .

If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .

What you are suggesting is certainly possible but complicated.

Easy way would be to go on AP and use your EAD and AC21 to move to another company .

But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .

My check that was sent in end of july got cashed on wednesday.. so hang in there. Core team members check the mail once a month or so for all checks.

Can i start a new thread for that :)

Yeah! another tracking thread for july - aug - sept - oct donators checks encashed or not :D

Hello Memebers,
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.

Thnaks

These articles are nothing new. Given the current state of affairs, its only to be expected because people like you and me are actually displacing some jobs whether we admit it or not.
However, what these folks don't seem to get is that outsourcing is a much bigger culprit. And so go after the business owners who outsource to keep businesses profitable and not target a handful of legal immigrants. And legal immigrants are not responsible for the housing mess! Go after the loan defaulters. Catch the greedy banks who dished out bad loans!!

The unemployment numbers are very high and its spoiling people's holiday season and also their moods. A lot of American citizens don't have a choice to work anywhere else. That clouds their judgement and makes them irrational.Please try to understand the opposite point of view and just ignore these articles instead of starting threads on IV.

Probably because Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC and people are getting ahead of some one who are there in line for 6-8 years.\

I am NOT the one who gave you red. I never give anyone red even if i don't like the post..

I will just give you my "green"

Thanks SKD.....I appreciate your green.

Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC.
>> I agree with that, but it was not intended. Actually when I applied for substitute labor, I didnt know what was the importance of GC. I applied within 15 days, of my arrival in usa, since my employer asked me to (for financial purpose). I woe the day I signed the papers. My life has been (worse than hell) at the mercy of my employer. I came here temporary, thinking will enjoy life here in USA for a few years. You don't have such issues in Europe.

This will be useful if you filed your labor after the end of 5th year and the 140
is still pending at the end of the 6th year.

This is going to bump up the no of letters...

I am not sure I understand your comments. Can you elaborate on the risks and required travel documents?

Congrats.

Apparently TSC is having some difficulty with their online system. My lawyer told me this this week.

Don't worry. You should have signed on teh signature waiver section so that they leave it int he mail box. I signed it but still it was received by some uscis person with a different mail box. But mine reached there on 30th and just yesterday my checks are cashed. Looks like there are a ton of applicants, so be ready for some receipting delays...

Well its that time of the year..., Does anyone know if I can add my spouse as dependent and get the tax break. Is there any website where I can get the information on filing procedures with H1 and H4?

I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

Can this create an issue while IO is working on my 485 application?