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Social Security and Medicare taxes : Any benefit for H1 holders ?

My question revolves around these taxes we pay. I have contributed to the system for 10 years (still on H1).
Are there any benefits that I can get ? Specifically unemployment benefits?
If I have to permanently move out of US, is there a way to reclaim these taxes?

If there are NO benefits whatsoever for an H1 holder, why are we forced to pay these?
 
H1B application for 2010

Hello Rajiv,

I would like to thank you for providing this service to the immigrant community. I had a question about H4 to H1 application.

My wife has just joined me on H4, Can I still file for H1B application for 2010?
Is the quote for 2010 still open?

Thanks in advance for your help.
 
L 1 extension query

My husband has applied for visa extension in US. However we are not sure if concerned office has received the request or not. May be it would be in process. Now we have an emergency and have to go to India and come back within a week and our visa expires in a 15 days time from the day of travel. A copy of existing I 94 has been submitted along with other documents. My question is when we come back to US we would have new I 94. What would happen to the application which was submitted with old I 94?. Do we have to send a copy of new I 94? Is there a possibility that immigrant officers would deny re-entry in US ( even if visa is still valid for a week from the day of arrival in US).
 
Hello Rajiv:

I an Legal Permanent Resident, who received my GC about 4 years ago. I met and married my wife last year while on GC. My wife is currently on H1B VISA status. Due to current economic situation her job is in jeopardy i.e. her company is threatening layoffs. I have a few questions related to her status.

Q1. How can I keep keep my wife in status if she loses her job? Can I sponsor my wife by filing an I-130 while on GC? Will this application help me to keep her in the country if she loses her job or does she have to return to India?

Q2. I am planning to apply for citizenship next year (Jan 2010). Will my application to Naturalize (N-400) have any impact on my wife's I-130 application status again taking into consideration that she loses her job this year due to layoffs?

Please advise.

Best Regards,

SM
 
Hi Sir,

My I-140 was applied in april 08 (PD sept 07). I received a RFE on sept 2008 and reply was received by them in oct 08. after that till today there have been no update yet. My Lawyer has sent a inquiry through the AILA system about 2 months ago What should I do? Is there a reason why it has been delayed so much? My lawyer said that because I have an Indian MBBS so there was a Equivalency issue for EB-2 purposes at texas service center and maybe that was the delay. but also now that has been clarified but my degrees are equivalent to MD and MPH, so what could be the reason? What should or can I do?? The RFE said to furnish 5 years of experience but my lawyer replied by saying that the requirement in my labor is masters +1 and I do have that experience, she sent my 1 year experience letter and degrees back as a response. Do you think this was right move by her? When they say processing dates at Texas they are at oct 2008 now and my I-140 was recd in april 2008 Does it mean that now they will process my case based on receipt of RFE which is mid oct and processing dates now are 1st oct for I-140?? what should be my plan of action based on your experience

Please help..
 
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Expiring L1

Dear Mr. Khanna,

thank you for this wonderful service.

I have a query regarding expiring L1. I came to US in Sep06 on L1, which expires on Jun4th 2009. (however petition is blanket L1B which is valid for 30 more years)

-> Can I stay after my visa expiration, since I have my I94 valid till 2011 (as I reentered on this VISA in 2008)

-> A different employer has applied for my H1B this year with COS. I was told that because my L1 expires in June and H1 is not active till Oct, the COS will not go through. Is this correct?

-> I have to go to Canada for a couple of days (before June ie before VISA expiry) to process my canadian green card. For this 2 day visit, will I have any problem, to reenter USA as my VISA will be expiring within a few days.

-> also, I have heard that I dont have to submit my I94 while going from USA to CANADA via road, if the visit to canada is intended only for a couple of days. Is this true. If yes, what should I inform at the border, to make sure I retain my I94.
 
Parents are on B-2(Visitor's Visa) and sponsoring for LPR

Dear Mr. Khanna,

My parents are on their second visit to the US on B-2(Visitor's Visa).
They entered the country in Jan 2009 and their I-94 expires in July 2009.

Am a US Citizen and considering sponsoring for their LPR.

How likely is it that I could apply for their I-130 and I-485 and be approved?

Regards,
Praveen
 
EB3 to EB2 porting (485 pending)

Rajiv,

Thanks for your great service !!

I'm single and getting married in Sep'09. I have EB3 labor and 140 approved(PD - OCT'04)...485 is pending for more than 1year and need to add spouse in 485 when PD is current.

My EB2 labor (perm process) approved with same employer. Ready for Priority date porting. Please advise us on the process of porting the priority dates from EB3 to EB2 when 485 is pending....

1. Do we need to request USCIS to port the priority date - before filing EB2 140 ? OR after approval of EB2 140 ?

2. How do we know Priority date transfer is sucessful ? so that I will know when to file my spouse application (based on EB2 or EB3 PD current??)

3. Are there any possiblity Priority date transfer would go wrong,in that case would it be problem for approved EB3 -140 and pending 485?

4. Once PD ported on EB2 labor, Still EB3 140 is valid? Can we reuse EB3 140 when we have problem with EB2 labor?
 
Hi - I am a Canadian citizen and have been working in the US on an H1 B visa since May 2002. I completed my 6th year in May 2008 and my employer requested an extension which expires Nov 2009, given my Green Card EB3 application was in process. My I-140 was approved in Nov 2008. I-485 was not filed as my filing date is not yet current.

I got laid off from work and my employment termination date was in Feb 2009. My severance/benefits package expires in May 2009. I am currently speaking with other potential employers. I have not left the country since my employment termination.

Please advise on my next steps.

Am I supposed to leave the US and come back as a Canadian visitor given that I am interviewing with companies?

What documents should I request from my previous employer's lawyers?

Also, I own an apartment in the US... does that matter?

Thanks much
 
Pending GC and education.

Hi Rajiv,
My GC is under EB 2 india, Priority date sept 2005 ( not surrent). I currently work on EAD at a community clinic in Illinois.

I completed a certificate program at the local university in 2003 and was licensed to work as a dentist in Illinois.
In 2008 the university decided to offer a DDS degree completion course for ex participants between 1996 to 2007 - 4 week part time course.

However the university officials are not allowing me to apply since I am NOT a US citizen, GC or refugee status as stated on their website.

2010 is the last year they will offer the said program, so by Nov 2009 if i dont get the GC I can't apply and will be stuck without a degree.

My qs is - Is this a valid to take up a case with either USCIS or civil lawsuit against the university? Do I deal with an Immigration or a civil lawyer???

Your time and answer are greatly appreciated.
Thanks a lot.
booz.
 
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-I have a stamped H1B valid thru Jan2010.
-We (wife on H4) have filed for greencard thru Adjustment of Status.
(Current processing date is Feb2004. My Filing is Jan2006. Approx/WAG 2 more years to get GC)
-We both have EAD/AP approved thru 2010, but still not utilized.

For family reasons, I am considering to leave the job, move to India with family, till above period.

Hence considering to switch to "Consular Processing".

Can I please be helped with following questions...

Q#1 Will switching from AOS to CP,allow me to be In India without US job till I get my GC ? Or Am I missing some legal/practical fact which may not allow me to do so ?

Q#2 Is there any potential risk involved in switching from AOS to CP ?

Q#3 Must I have the same job..or any job, while switching from AOS to CP?

Q#4 Must I have any US job after switching till, and at the point when I get GC ?

Q#5 If I start today,what'd be approximate time involved in switching ?

Q#6 Is there any way involved, by which If I wish I could still visit USA before getting GC.

Q#7 Is there alternate (to consular processing) legal and practical way by which we can still stay in India till we get

GC?

Q#8 ...

Q#9 ...

Q#10 shall I be required to perform additional action apart from I-824, to ensure that my case has been switched from AOS to AP ?

Q#11 After switching, how will I be able to keep track of our GC progress from India ?

Q#12 How much added (approx/WAG) delay would be involved in switching from AOS to CP ?

Q#13 Is it more difficult to get GC thru consular processing, than thru "AOS" ?


Q#Q14 Alternatively, is there a practical and legal way by which I can maintain my AOS, leave the job, go to and be in India till I get my GC (approx 2 years) ?

Q#15 Likely there may be someone else who has been in my shoes. I'll appreciate any link to such thread(s).


Currently I am in USA, wife (with US born kid) is in India.

Thanks
 
Hello Rajiv,
Am in US right now as H1B started on Oct2008 after my OPT. Due to recession my Co. couldn't give me any project till date so no pay stubs or W2. Am in US presently and want to apply for COS to H4 under my husband's H1B. My questions are:
How can I do it here in US without paystubs?
How many paystubs are needed for COS here(if company gives them that is)?
Do I need to hire Immi Attorney for this?
Is it better to go to India to get H4 stamping?
What if they too ask for my status or proof vis paystubs?
Which option is safest and surest?

Thanks,
I appreciate your help.
 
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Dear Rajiv,

This is a question for my friend. He came here in Nov 2005 on H1B Visa. His first H1B expired in Nov 2008 and he has new H1B approval from his current employer till Nov 2011. He is still working for the same employer who is first came to US. His passport visa is expired. He is planning to visit india sometime later this year. He wants to go to Canada or Mexico for H1B visa stamping. fyi, He was never out of status or no other problems. His questions are

1. Is it wise/safe to go there ?
2. Do they still do the H1B visa stamping in Mexico or Canada ?
3. Which country is better for the stamping (meaning giving less troubles)
4. Is it possibility of getting stuck in Mexico or Canada or any other un-forseen problems over there ?
5. Does he need to get visa of either Mexico or Canada whichever he decides to go for stamping ? If yes, what kind of visa ?

Thanks a lot in advance for your help !
 
Hello Rajiv,

Thanks for the support to our community. I have a question anout a rfe recived for my son, actaully we filled our GC on 2002 Mar and the Labor and I140 approved. few months back we recived our 2nd EAD also. Since i travel a lot on my job i gave my texas address but when we applied for AOS in 2007, we changed the address in CT on AR11. Again in March 2008 we changedback to Texas address for me and my wife, but he forget to change AR11 to my son who is 8 years old. Now the USCIS asked us why my son address is showing Ct address and ours is Texas address and they are now asking evidence that my son is staying with us, so what evidence we have to submit?
We are really worried on this , i waited for almost 8 years and now we have this RFE at the last minute. Could you pls help us on this issue

One more thing here is we went back again to CT and we didn't change the address b'cos my job where i will be and i don't want get GC mail lost. So i kept my Texas address. My lawyer is still thinking what to reply on this issue.

Thanks
slnsavalli
 
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Card not received

Hi Rajeev,

I applied for my I485 in Sept 08 and it got approved in Dec 08. I worked for my current employer until Dec 08. I had worked for this employer for the past 4 years. I have following questions:

1.I haven't received my physical greencard in mail yet? Opened a SR after 60 days have passed and was asked to wait another 60 days? What should I do after this 60 days have passed and don't get my card?

2. Currently I am on vacation abroad and don't have AP but have valid H1b visa until another 2 years? Can I travel back using the approval notice? what other documents do I need to carry and what questions can we expect at POE?

2.Can can I take up FT employment with other firms or do I need to work some more time for my current employer?

Thanks,
Rao
 
GC process issue

Hi Rajiv,
I have following questions regarding GC process.

1. Labor and I-140 cleared and I-485 pending more than 600 days. Priority date Dec 2006.
2. I would like to take care of my kids for few months (say 6 months) and for this I wanted to stop working. If I stop working by taking unpaid leave in this situation is there any effect for my GC process and getting Green Card.
3. If I am not able to get Unpaid leave, I may resign job and take 6months break. In this situation waht could be the effect for my GC process and getting Green Card.
4. If I get a same or similar Job with a salary difference of 30% in a different company (Other than sponsoring employer) after the 6 months break, is there any issue with my GC process or getting green card.
5. What if I join the same sponsoring employer after 6 months break what are the consequences and effects for my GC process and getting Greean Card.

Thanks & Regards,
Mohamed.
 
EB2 criteria + PERM

I have read somewhere that USCIS is about to introduce a limitation that would allow only US Masters degree to apply under EB2. Is that true?

Also is there a possibility in the coming months that PERM process would get accelerated?
 
sandeep_wxyz said:
-I have a stamped H1B valid thru Jan2010.
-We (wife on H4) have filed for greencard thru Adjustment of Status.
(Current processing date is Feb2004. My Filing is Jan2006. Approx/WAG 2 more years to get GC)
-We both have EAD/AP approved thru 2010, but still not utilized.

For family reasons, I am considering to leave the job, move to India with family, till above period.

Hence considering to switch to "Consular Processing".

Can I please be helped with following questions...

Q#1 Will switching from AOS to CP,allow me to be In India without US job till I get my GC ? Or Am I missing some legal/practical fact which may not allow me to do so ?

Q#2 Is there any potential risk involved in switching from AOS to CP ?

Q#3 Must I have the same job..or any job, while switching from AOS to CP?

Q#4 Must I have any US job after switching till, and at the point when I get GC ?

Q#5 If I start today,what'd be approximate time involved in switching ?

Q#6 Is there any way involved, by which If I wish I could still visit USA before getting GC.

Q#7 Is there alternate (to consular processing) legal and practical way by which we can still stay in India till we get

GC?

Q#8 ...

Q#9 ...

Q#10 shall I be required to perform additional action apart from I-824, to ensure that my case has been switched from AOS to AP ?

Q#11 After switching, how will I be able to keep track of our GC progress from India ?

Q#12 How much added (approx/WAG) delay would be involved in switching from AOS to CP ?

Q#13 Is it more difficult to get GC thru consular processing, than thru "AOS" ?


Q#Q14 Alternatively, is there a practical and legal way by which I can maintain my AOS, leave the job, go to and be in India till I get my GC (approx 2 years) ?

Q#15 Likely there may be someone else who has been in my shoes. I'll appreciate any link to such thread(s).


Currently I am in USA, wife (with US born kid) is in India.

Thanks
Click to expand...

There is no way I will be able to answer 15 questions. I can understand 2-3 questions, but 15? :) Sorry.
 
Rajdeep.Singhan said:
Hello Rajiv Sir,

I am on bench since December (4 months) and my employer has not been able to find any projects for me.

I am on H1-B Visa (3 more years to go) and my employer is also doing my GC processing.

I had used a pre-approved LC and applied both I-140 and I-485 concurrently during the July 2007, when the priority dates were current. I have my EAD valid for 2 years.

My I-140 was approved in Feb 2009 and my I485 has been pending for more than 180 days.


My questions are:
1) Should I inform my current employer that I am quitting his company before filing AC21 or after filing AC21? When is the correct time to inform him?

2) I have my I-140 approval copy (complimentary copy) with me. Can my current employer revoke my I -140 even after it has been approved and I have filed for AC 21?

What are the implications if the employer revokes my I-140? What should be my action if he does that?

3) My H1-B visa from my current employer is stamped on my Indian Passport. Can I travel to India on 25 June 2009 and come back to US on 20 Aug 09 on my current H1 visa, even though I switch my employer in April 2009?

4) I have a copy of the pre-approved LC, my ETA 750 B form (about job description) and I-140 approval receipt. What else do I need from my current employer to be able to file AC21 successfully?

I want to be fully prepared and fully aware of the damage my current employer can do to my GC processing after I file AC21.

5) Till now, my case was being handled by Lawyer A. After I switch employer, Lawyer B will be filing my AC21. How do my entire bundle of documents (140, 485 filling documents) would go from Lawyer A to Lawyer B.

I am asking this because in case there is an RFI on my 485 application from USCIS then how will Lawyer B (new Lawyer) know exactly what all documents were sent to USCIS.

6) My future employer has also agreed to file H1 transfer for me. Does it make sense to do H1 transfer as well as filing of AC21?

After H1 transfer has been filed, will I still be able to make my trip to India and come back on the same H1 Visa that I have on my passport in Summer 09?

7) I assume that my current employer will revoke my H1 as soon as I tell him that I have plans to leave him. Therefore, what should be my strategy to do H1 transfer and AC21 filing sucessfully without giving him much time to do any damage to my GC processing (I am too scared to getting out-of-status or having any kind of issues with my GC processing).

8) A friend of mine suggested to write to the US President's office about the delays in the processing of applications by USCIS, specially at the Nebraska Center. Does it make sense?

Please help.

THanks and Regards,
Raj.

P.S: Although, I could see several threads on your website about AC21, I could not find your blog about AC21 which you mentioned to me last time that you have published it. Please send me the link of that to Rajdeep.singhania---at---yahoo.com
Click to expand...

Too many questions, Raj. All you had to do was go to my blog and look under the category I-485 OR search for "AC21." Many of these questions are already answered. Post your questions here: http://forums.immigration.com/blog.php?b=25 AFTER reading all the text and comments at the link I have given you. I will do my best to answer.
 
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