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Written By muthmmuuuaaanniish on Monday, June 13, 2011 | 7:05 PM

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  • gauravsh
    05-04 10:07 AM
    Hi,
    My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
    My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.

    I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?

    Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?

    Any inputs will be extrremely welcomed.





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  • TomTancredo
    01-11 04:21 PM
    Clearly Explaining

    I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status

    what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues

    I stayed with them only one month and one more month

    when can I Use AC21 for safe side

    Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.





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  • validIV
    02-03 04:37 PM
    Looks like China and Mexico are the fastest countries EB3-wise to get their GCs.





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  • veritas1
    10-16 10:36 PM
    I'm surprised a new I-140 needed to be filed in the first place. I didn't think a new company needed to refile if its a successor in interest...



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  • garga
    12-09 04:26 PM
    Thank you all for the replies. I had an inclining that my lawyer was pulling stuff out of thin air...your replies does prove it.

    I will google some more on the 104c rule but once again, Thanks to all of you!





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  • shantak
    07-18 07:57 AM
    e-filled.
    Thanks

    Can I call them and ask about it ? This is scary. My friends who applied after me got it and I'm moving in 2 weeks.

    appreciate any suggestions.

    dont worry, it is taking a little longer because of the flood of applications. 3 weeks is nothing to worry.



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  • s416504
    02-03 09:34 AM
    I think Your 1 year extention (instead of 3 year) could be cause of two diffrent A# numbers on I140 & I485.
    I checked I have same A# numbers on I140 approvals & 485 receipts for both EB1(which already denied) & EB3 petitions.
    I think It is neccessary to pass on/correct same A# numbers on I140 & I485 petitions (from same set) to avoid this kind of problems.

    I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?


    I-140 Reciept : No A Number
    I-140 Approvel Number 1
    I-485 Reciept : Number 2

    EAD/FP/AP : Number 2


    I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140

    Is this anything I need to be concerned about ? Appreciate your suggestions





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  • 485Mbe4001
    03-20 02:56 PM
    instructions from Oh's site

    03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire

    AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
    Those Who Are Subject to the New Law:
    Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
    New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.

    Those Who Are Not Subject to the New Law:
    H-1B petition to extend the H-1B status (EOS) of a current employee with
    the same employer (TARP funded).
    H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
    It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.



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  • krishmunn
    02-07 10:17 AM
    How much is the diffference ? If the pay (you are getting) and the required pay is not vastly different (say within 10-12 % range) you should be OK if company can prove their ability to pay.

    The GC salary offered need not be paid now, it need to be paid after 485 is approved (which possibly will take years)





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  • rameshk75
    02-14 03:48 PM
    Payroll should be run regularly for a person on H1B. USCIS may ask all the paystubs if they call for an interview(not everyone will be selected for the same) during 485 approval..If the person changes to EAD then in case if he is out of job then it should be fine... my thoughts...



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  • eagerr2i
    08-29 04:11 PM
    I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.





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  • samrat_bhargava_vihari
    02-11 06:04 PM
    you are screwed, yes seriously

    Why did u change employer, w/o getting any info about filing with ne wemployer befor ahead.

    If you file in 2008 (No matter whetehr it is Eb2 or Eb3), as per present situation u can forget for next 10 + years.

    I feel this may not be true.

    Do you have any evidence for your information or can you show any documentation from USCIS supporting your comments.



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  • 12samanta
    07-18 11:07 AM
    Is your friend from a Desi consulting firm or a American big company? Is it EB2 or EB3? Please let us know this will help.





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  • swarnapuri
    01-22 06:16 PM
    Thank you all!



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  • crystal
    02-14 07:49 PM
    You cannot jump to EAD unless you file ur wife I-485 . Before that if you jump to EAD , your wife has to leave the country as she become out of status as you are no more on H1b.

    ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current

    please advice





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  • samrat_bhargava_vihari
    02-08 09:06 AM
    What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.

    L1B is comany transfer, for L1B company need to have good revenue for sponsoring L1b and L1b holder must work on the it�s country for minimum of year. Now a days there is restrictions like only computer back ground people need to apply for L1 ( BE/B.Tech in CSE,EEE,ECE) on this because companies are misusing it for no annual cab.

    Since it is company transfer H1B is not eligible for L1B ( you have to work in the company home country for 1 year to be eligible) but L1B is eligible for H1b. But many of the Indian companies are not sponsoring green cards for L1A and L1b of then do then they will also face retrogression.



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  • sanax
    11-30 09:33 PM
    I cannot resist to say that how glad America is to have an idiot like u as a permanent resident whereas people with clean records are left in the lurch...

    Way to go USA... :mad:

    as you said Stupidity has no boundaries! :mad:

    Thanks for your opinion! I have been already enrolled in the USA military... just waiting for the CG!... maybe more than what you can say!???

    At least I'm prepared to defend my new country!... or is it only 'idiots' who are defending their country?





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  • hur11
    01-22 10:08 PM
    Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.





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  • shortchanged
    08-17 08:38 AM
    In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
    Marriage Certificate is a must.
    Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
    A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
    Wish you all the best!





    WeShallOvercome
    07-25 01:37 PM
    >>>>





    InTheMoment
    02-15 11:48 AM
    Yes, it does apply to nationals from India.



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