freddy22
07-17 11:41 PM
misdemeanors can be CIMT's if they involve theft or dishonesty. a single misdemeanor might qualify under the petty offense exception, but because your son now faces a second conviction, the petty offense exception won't apply. One question: are you a naturalized US citizen? If so, your son might actually be a US citizen as well.
does not the INTENT to cause harm or INTENT to steal decide whether its a CMT?
He has on record 1 criminal mischief 4th and 1 petty larceny - he was with other boys when THEY joy rided snowmobiles - he did not steal anything just tagged along with them and rode with them but he did not intend to steal or take anything - both the criminal mischief and petty larceny charges are tied into this incident:
His latest charge will be reduced to a simple TRESSPASS from Burglary 2nd we know that as the DA has already indicated that to us:
So does this information make any difference to your opinion?
I thank you for responding!
He is a green card holder since December 2005 and eligible for filing naturalization in November next year but we have been physically present in the USA from 1999 gained entry legally and changed status while here:
He has no priors to any of this:
He has no convictions in any other country:
His mischief and petty larceny charges for the snow mobile incidents were charged as a youthful offender and sealed supposedly:
He is 19 in November this year:
He has never left the USA for any period of time or vacation or anything
does not the INTENT to cause harm or INTENT to steal decide whether its a CMT?
He has on record 1 criminal mischief 4th and 1 petty larceny - he was with other boys when THEY joy rided snowmobiles - he did not steal anything just tagged along with them and rode with them but he did not intend to steal or take anything - both the criminal mischief and petty larceny charges are tied into this incident:
His latest charge will be reduced to a simple TRESSPASS from Burglary 2nd we know that as the DA has already indicated that to us:
So does this information make any difference to your opinion?
I thank you for responding!
He is a green card holder since December 2005 and eligible for filing naturalization in November next year but we have been physically present in the USA from 1999 gained entry legally and changed status while here:
He has no priors to any of this:
He has no convictions in any other country:
His mischief and petty larceny charges for the snow mobile incidents were charged as a youthful offender and sealed supposedly:
He is 19 in November this year:
He has never left the USA for any period of time or vacation or anything
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iptel
05-18 03:26 PM
Great work IV core team! EB immigration will be benefited by the work done by IV core team sooner or later. Keep it up!!
One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.
Just a thought,
Involving India or any other foreign Government is not a good idea. It can result to severe backlash.
One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.
Just a thought,
Involving India or any other foreign Government is not a good idea. It can result to severe backlash.
chanduv23
05-08 10:24 AM
There are situations when a h1b transfer or extension is granted but the approval notice does not have a i 94 atttachment that adjusts your extension to stay till the end of your petition date. In such a situation, the benificiary has to go to his home country for stamping and then come back.
The best thing you can do in your case is to approach murthy's firm and get a paid consultation.
The best thing you can do in your case is to approach murthy's firm and get a paid consultation.
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bkarnik
07-21 04:34 PM
I had a similar situation at my work place (attorney is Fragomen...what a coincicence). This was in response to recent stepped up H1B site inspections by USCIS. As a reult, Fragomen recommended that "working from home" or "teleworker" status is not allowed under H1B. So, no more working from home for me :(
more...
pnjbindia
10-08 03:07 PM
Monkeyman,
I don't think your comment on adding a spouse is accurate. If the GC is approved prior to your marriage and if your spouse is here, you are NOT golden. As to apply in the family based category, the family based PD in that category (I believe it is 2A) should be current. And that is backed up as well..
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
I don't think your comment on adding a spouse is accurate. If the GC is approved prior to your marriage and if your spouse is here, you are NOT golden. As to apply in the family based category, the family based PD in that category (I believe it is 2A) should be current. And that is backed up as well..
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
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dilipb
04-21 03:20 PM
This query is for a friend of mine.
His labor and 140 was pre-approved.
In jun 2007 he applied for 485 / EAD and AP.
He got EAD, is working on it.
He also used AP to go to india and back.
His H1 is already expired this month.
All he has is a new AP based new i94 which expires on the day his EAD expires.
Now his drivers license is expiring.
Does anyone know the documents he will be required to submit to DL center to get DL extended.
Also the most important thing is, can the DL somehow be extended for more than 1 year. Because doing this every year is a pain.
Thanks in advance.
His labor and 140 was pre-approved.
In jun 2007 he applied for 485 / EAD and AP.
He got EAD, is working on it.
He also used AP to go to india and back.
His H1 is already expired this month.
All he has is a new AP based new i94 which expires on the day his EAD expires.
Now his drivers license is expiring.
Does anyone know the documents he will be required to submit to DL center to get DL extended.
Also the most important thing is, can the DL somehow be extended for more than 1 year. Because doing this every year is a pain.
Thanks in advance.
more...
tharu
06-29 12:32 PM
Hi Ms Martin,
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa pettion gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa pettion gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
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valuablehurdle
02-23 04:14 PM
Can anyone tell me which are the states that have in-state tuition fees for the H4 visa holder? It maynot be an exhaustive list but atleast need to start somewhere... Pennsylvania does not allow it... and this is the reason it is becoming increasingly difficult for my wife to keep on studying on my salary.
Answers greatly appreciated...
Answers greatly appreciated...
more...
Asian
11-21 09:38 AM
I am all for it. I know some members are bitter about this potential price hike but they can still choose not to, if they don't want to.
Actually, time is money. We should not underestimate the time value of our waiting in terms of dollars. It would be still beneficial to get the GC sooner despite higher cost and find the better paid jobs without strings attached. Still many good companies are unwilling to hire h-1 b for various reasons. The time value I have lost in years of waiting is a lot more costly.
As you all remember in economics, when the demand and supply doesn't meet and regulated with fixed price, there is a long line of waiting.
As the legal process is stuck, many people are considering marriage with citizens, which is not an option for me. If not well thought of before making a decision, many will eventually divorce and the cost will be even more costly for the individuals and to the society.
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
Actually, time is money. We should not underestimate the time value of our waiting in terms of dollars. It would be still beneficial to get the GC sooner despite higher cost and find the better paid jobs without strings attached. Still many good companies are unwilling to hire h-1 b for various reasons. The time value I have lost in years of waiting is a lot more costly.
As you all remember in economics, when the demand and supply doesn't meet and regulated with fixed price, there is a long line of waiting.
As the legal process is stuck, many people are considering marriage with citizens, which is not an option for me. If not well thought of before making a decision, many will eventually divorce and the cost will be even more costly for the individuals and to the society.
Sorry if that title is misleading.
How many people here are positive that USCIS will come up with premium processing feature for I-485 stage?
Don' worry about the available visa numbers. Just express your hunch feeling.
Incrementally the waiting game is being reduced by incorporating premium processing for H1-B, Labor and lately I-140. Why not for I-485?
I am hopefull of this happening next year.
What about you?
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peer123
04-03 07:20 PM
Thanks for your inputs,... I welcome others thoughts and experience on this topic
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pcs
01-02 08:05 PM
Many people like us want to do an automatic contribution. Can the website be modified for this. Setting up direct payment from bank account is more cumbersome as suggested by one member
thanks
thanks
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misha
07-21 01:10 PM
Are you sure about Advance Parole stamp in a passport. I know about Green Card approval stamp in a passport but not AP. Have you ever had that AP stamp experience?
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bluekayal
09-16 05:05 PM
Thank you!
here is an article from murthy about unemployment benefits:
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
here is an article from murthy about unemployment benefits:
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
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nvishy
05-12 09:36 AM
You have no other option except to wait in Toronto. If the consulate decides to issue visa, then there is no need to go to stamping in India as they will issue the visa themselves.
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GotFreedom?
07-30 10:49 PM
The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.
lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.
They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.
lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.
They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.
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gotgc?
02-04 09:52 AM
My wife was allowed to travel on BA when she went from US to India. But when we were returning to US, the ticketing agent in India would not issue bording pass because Canadian PR can only be used if you are travelling to Canada and NOT to USA. The ticketing manager even called someone in London Airport to get the confirmation and after that they just denied my request even after showing the document that says Canada PR issues after Apr 2005 does not require transit visa.
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
Thanks deba and kk_kk...for sharing your expereince...based on what you guys say, the cheap deal i get with BA is not worth taking this risk. I am giving up on London transit..i will take Lufthansa or pacific route....thanks a lot again....
I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.
Thanks deba and kk_kk...for sharing your expereince...based on what you guys say, the cheap deal i get with BA is not worth taking this risk. I am giving up on London transit..i will take Lufthansa or pacific route....thanks a lot again....
more...
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raysaikat
10-10 11:26 AM
Thank you!
I am not quiting my company but I am moving to India. In that case what will happen ?
Your valuable inputs are greatly appreciated.
Thank you very much!
I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.
I am not quiting my company but I am moving to India. In that case what will happen ?
Your valuable inputs are greatly appreciated.
Thank you very much!
I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.
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michael_trs
05-12 02:51 PM
Please review my ETA 9089, it must fit EB2.
H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY
I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.
Thank you,
H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY
I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.
Thank you,
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bigboy007
10-11 05:01 PM
Thanks for replying... Appreciate it ....
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.
I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.
As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.
180 days is from when 485 filed as per yates memo... Check with attorney and you should be fine I dont want to draw conclusions here though. You may need to switch to AC21 aka use the EAD.. again I am not the lawyer here just coughing up what i know. H1B may be renewed if you have any of 6 years left. Why does he need to start entire GC process for just renewing H1B i dont understand.
dixie
09-05 01:12 PM
If you consider carefully, all the sponsors of SKIL whether its the house or the senate are republicans. Dems are pro-immigration in general, but they are more concerned about the illegals.Republicans on the other hand are anti-immigration in general, but pro-business; which roughly translates to pro-legal immigration. So by no means is SKIL a slum-dunk; if anything, CIR might come in for more favorable review by the dem-controlled house.Things will get interesting is all we can say.
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
I would like to discuss two issues
1) Is there a reasonable chance for Democrats to take control of the House after Nov elections.
2) What would that mean for skilled legal Immigrant community (aka will my GC come faster :))
It looks like Americans are fed up with the war in Iraq and other issues. Especially here in TX there is one seat definitely going to Democrats ( Tom Delay's seat). Would a Democrat majority make passing SKIL a slam dunk ?
madhu345
03-14 07:09 AM
From my experince you can earn referral fees but you have to file your taxes for that amount, send me PM if you need any further details.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
-Madhu
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
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