Mentol Blog's

I agree, I think you can recieve incentives, but you cannot work (as an employee) for a corporation other than the H1B sponsor. In any case, as long as you report all of your income you are fine. I do'nt think IRS checks your status to validate your income.


H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.

The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.

I have been looking to possible cause of getting RFE at I-140 stage and I came up with the following:

1.If your qualification doesn't match with the job description, like you have AMIE,Diploma,M.Sc 3 years courses but I-140 says Major required is Engineering or B.Tech(chemical) or B.Tech(mech) but working in Software.

2.Ability to pay, which means how many I-140 that company currently has and whether that is equally distributed for wages.

3.Ability to pay, which means have you submitted the required Tax document etc so that it shows company can pay future wages.


I would like to get more information so that others who are planning to apply for GC should take this into consideration.

Any inputs is appreciated.

Thanks,
-M

Dude what are you talking about? The only thing that is linked to Feb 15 is that provision that IV is proposing for 485 filing/H1B increase.

As per immigration-law.com:
01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline

* Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
* As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned.

Nowadays immigration-law has more up to date information.

You asked for any news at all and here is update posted today on immigration-law.com

"01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline

Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."

Hope you feel relaxed for the day

perks included..

Hello everyone,
I got to know about this website recently and I wish I had known it earlier.


Anyway, I need advice/conformation


I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.

4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...

Sorry Bostongc

I am certain you cannot count expeience gained from your current employer even if you are applying for another position. All attorneys are aware of this and will advice you not to do.

Sorry for not being able to give an answer in the affirmative but that is the fact.

Call it a low hanging fruit or Optimistic people's power of attraction...

Someone I know eb3I PD 2k3 got GC 6 Mos back, I know them personaly - first hand info.

Problem is they do not report it on froum or tracker, and leave the forum for ever... because they know there will be a lot of people asking questions or making them miserable by trying to prove them wrong... go figure...

Be + ive...

True Story!!!:cool:

I received RFE today that says" your application contained form I-693 in which the required TB skin test was not conducted. Please note there may be conflicting information on some published form I-693 instructions regarding when the chest X ray Report should be performed. It is required only when the TB skin test indicates a reaction equal to greater than 5 mm, or when the reason for why the TB skin test is medically inappropriate to perform has been annotated on theform I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.

On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"

I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.

On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:

1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?

2. Do I need to send them only this page of Form I-485 or complete I-485 form?
Please help.

Hi Smuggymba, very sorry to see you in such a situation...



These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.

There are several spots in the Indy area where you can get such a perspective. One with easy access is high atop Crown Hill cemetary (i.e., the James Whitcomb Riley hilltop gravesite). Sunrise or sunset would be your best bet unless you hit on a really crystal-clear day with no midday haze. You might find something close to what you are after around 16th and Georgetown road, too ;)

Awesome idea!
Anymore idea anyone while I'm out and about on my day off?;)

No big deal man...mine was approved in 2 days from NSC..;)

I think you guys just got lucky and should stop yapping!

There are many individuals who are stuck in Security/Background checks in the I-140 stage even with premium processing for almost a year.

If you did not know about this, then whomever was advising you did you a disservice.

I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.

hello ..EVERYBODY..need help..

this is the email came from my lawyer today..for the inquiry they did with the consulate regarding my visa.

Hi Shweta,

We understand how frustrating this is for you. We received a response to our inquiry with the consulate. It seems the application is being kept pending for additional administrative processing. The stated reason for the review falls within the law under Section 221(g) of the Immigration and Nationality Act. Under these circumstances, we typically see that the government issues a notice to the applicant wherein additional information is often requested. Kindly advise if you have received any notification from the consulate on this issue.

Best regards,


IS ADMIN PROC DIFFERENT FROM ADD ADMIN PROC ???

also the same day i called DOS and they told me case was approved already in jan..so that means that now more processing needs to be done ??

ADVICE ??

u don't even know what a labor is and u gotten through ur 140 stage... sounds weird tho...:rolleyes:

Congratulations

I'm not sure if Indian citizens are eligible to apply for an investment visa here...

21. The Department Of Homeland Security And The Department Of Labor Will Study And Report On Potential
Administrative Reforms To Visa Programs For Highly Skilled Workers.

... what about the existing backlog. They need to address the backlog even before they can think of raising fees or admin fixes.

Cheers,
Rayoflight

I wonder if my child who only has ITIN will get the $300..probably not ...Waste of money to apply for EAD for a 10 yr old!

Hey all,


Saw August Visa Bulletin on Mid July.
Checked the appointments PDF in chennai consulate and did not see appointments for August yet.
Sent an email to Chennai consulate requesting when will my appointment be as per the new august bulletin and surprisingly they sent a reply saying that I was scheduled for August 11nth.
Started preparing for the interview. Told my employer and client that I am leaving to India for the interview.
Got the notarized copy of the employment letter.
Started on July24th and reached July25th night.
Got some sleep and went to local police station and applied for the PCC but the local police station asked too many question and gave me hard time.
Went to Lister Laboratory and took the medicals.
Went to local police station for atleast 10 times between saturday and Sunday following up but no proper answers
Got the results from Listor laboratory and went to the Doctor and got the medical report done.
Got frustrated and went to commissioners office on Monday and came to know that there is a official PCC format request in that office and applied for the same immediately.
Personally met ACP and explained the situation and he promised me to get the PCC the very next day.
went directly from the commisioner office to Passport office and applied for the PCC there too since the US consulate in chennai requested the PCC to be given form both passport office and the commissioners office.
Tuesday Morning got police verification for me and my wife in our homes.
Tuesday evening went to passport office and collected the PCC stamped in the passports and collected the PCC from them.
Went to Commissioners office and collected the PCC from there too.
Wednesday executed the secondary BCC affidavit since my name was not written on the BCC.
Wednesday took all the documents and went to local VFS office and submitted all the documents and paid courier fees.
Went to US Consulate on August 11th Morning around 7.30 AM.
We were let inside and asked to wait in the waiting room for couple hours now.
We were called around 10.00 AM and an Indian lady verified all the documents and asked for all the originals.
The original documents requested are BCC, PCC, Offer letter, Affidavit, Marriage photos, marriage invitation,.....
We told the officer that we have an infant and asked if it will take more time. The officer promised to call as first.
10.45 AM they called us around 10.45 and took finger printing for me and my wife.
11.15 AM an American lady officer called us and asked some questions like how long I have been in US, whom do I work for, whats my designation, and asked couple question to my wife.
Finally congratulated us and said they are issuing the immigration visa to us and that we will get our passports in a week and handed over all the original documents back to us.
Started from the consulate.
Started to US on last Thursday.
Reached on Thursday here at LAX port of entry.
Asked to wait for an hour.
took finger printing and asked us to get our baggage and waited in the waiting area.
One hour from there one officer called and said the passports are stamped and we are all set to go.
They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then.
Job done.

Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.