| |
|
|
I am from Australia |
| I last logged in 13 hours 52 minutes ago |
|
I have been a member since 18 May 2008
|
| I have added
777 posts in trackitt forums
|
|
I added my last post on 13 Mar 2010
|
|
|
| DoItLegally's Posts |
|
Topic: Taxes if on EAD
1099 on EAD is fine. Just not on H1B. File as a Resident Alien would. | |  |  |
|
|
Topic: How long does it take to get GC if my date is current?
I got my GC within 2 weeks of my date being current after it was not current for about 6 months. Total time was about 9 months after filing 485 and 140 together in June 2007. (Was lucky - missed the fiasco by a month and PP was still available on all 140s). | | | |
|
|
Topic: Travelling with green card
YOu have no way of predicting if they will or won't ask questions. It's not as if it's the same for everyone.
WHen returning to the US from a major Canadian airport, you will go through US customs and immigration before you leave on your flight. Most have a one line for GC/Citizens and one for others.
Theoretically you can enter the US with your GC (it is actually an acceptable form of ID even for flight) but you are best off carrying your passport and just presenting it. Why stand out from the crowd.
Have passport and GC and you'll have no problems at all. | | | |
|
|
Topic: Who Should file AR-11 Form
There is nothing you can do about the past. Just file an AR-11 for your CURRENT address IMMEDIATELY.
In the future, you must complete an AR-11 within 10 days of moving no matter how small the move.
Only citizens are exempt. Even Green Card Holders must continue to file this form when they move.
Do this immediately. It can be done online at the www.uscis.gov website. | | | |
|
|
Topic: Reform: reduce family based immigration allocation
It blows my mind when people who are waiting for Green Cards start spouting off about how they are more deserving than others and that the others should be eliminated in their favor. No consideration for the pain that many families are going through during long separation. To actually call non-skilled laborers "crap" is just beyond words. Some of which have been waiting for 10-15 years for priority dates to surface. Typical scapegoatism. Picking on the next person down the totem pole. What a shameful display. | | | |
|
|
Topic: Can Spouse work and earn income through online business on H4
You can't have any full time OR part time business for which you do not have a specific visa or an EAD. Simple as that. And yes, as per earlier poster, you must declare all worldwide income, including rental overseas on your US tax return. See an accountant about possible deductions too. | | | |
|
|
Topic: Can Spouse work and earn income through online business on H4
I think she can work online for a non US entity and get paid outside USA. Thats the only choice you have I believe.
Could be. What is for sure is she cannot earn any income of any kind that is derived from any US based entity. If you get a 1099 form the company for earnings then that's US earnings. Online pyramid marketing businesses will almost certainly do this. | | | |
|
|
Topic: Anybody has travel experience on AP from TORONTO,CANDA
Thanks a lot DoItLegally.You gave me whole picture how it works.Out of curiocity ,did u travel to Tornto on AP.
Our two kids are US citizen so we can stand in LPR &USC line or VISA holder line?
And US side POE,what kind of question they asked,since we are going to complete our CANADIAN LANDING.
I hope u will reply.
Thank u in advance.
I was still on H1B and although I had my AP in my bag, I never presented it, instead chosing to do so only if required. The H1B was sufficient so I had no problem.
I think you should ask a person there which line you should go in. The USC/LPR line goes a little faster but either way, you'll get through. As for Canadian Landing, I have no idea what sort of questions you may face. The main thing is never lie about anything. If you do, you're screwed. Also, if they question your having Canadian Landed status when you want a GC point out that you have this only in case the GC isn't approved and that you have no intent on living elsewhere other than the US once the GC IS approved. | | | |
|
|
Topic: Anybody has travel experience on AP from TORONTO,CANDA
These types of posts where people ask for experiences at specific airports are rather paranoid and pointless, I'm sorry to say. Every airport has its own set of officers, some of whom are friendly, some are more stringent, some have good days and some have bad days. One time I arrived at Dulles and the person right in front of me in line was getting deported for a mistake that he wasn't aware he committed, while I was treated nicely by the other officer. So I always get a kick out of threads like these. I don't mean any offense to anybody, but like I just wrote, such threads are both paranoid and pointless.
I agree but only in some respects. The question was related to Toronto and for some people they want to understand how it is that one clears US customers when not even in the US. In that sense, Canadian airports may raise questions in US bound travellers. However, you are right that there is no sense generalizing about particular POEs. Having said that, there are certain POEs that have much better awareness of niche visas such as TN1s for Canadians. I remember once, many years ago when I was on a TN, I entered the US from a flight from the UK and got a total dressing down by the IO about not having my approval notice. In fact, TN's don't HAVE one! A senior officer finally came by and put an end to the nonsense. He had seen very few and just didn't know what he was talking about. US border stations and Canadian airport based US officials see many, many more of these and would never make such a rudimentary mistake. | | | |
|
|
Topic: Travelling to Hawaii
There is no REQUIREMENT for visas. But it is PRUDENT. I have a GC and I always ensure I have it on my person whenever I am flying. Note GCs should be carried on person at all times but most people keep it safe at home or carry a copy of it due to the huge hassles involved if it gets lost. | | | |
|
|
Topic: B1/ B2 visa - questions - domestic travel
Just have your passport with you, with your I-94 and visa. You wil have no problems as long as you have that with you.
As for your working visa, there's no reason why you shouldn't be able to get a B1 visa although it is always up to their discretion rather than based on any violations on your part. The only real way to find out is to try! | | | |
|
|
Topic: H1-B extension denial.. How long you get to leave the country?
You can apply through another employer but take note: Legally speaking, you cannot apply for an H1B transfer when the existing H1B is canceled and you are already out of status. This is why it's very important to start this process while you are still employed. You CAN apply for a transfer if you are still employed and therefore in status. Of course, you can still continue to work if you have any time left on your current H1B, even if the extension is not granted.
If you do become unemployed, and you don't have any other status (like AOS) to fall back on, you immediately begin to accrue time out of status, even though your I94 may still be current. This is negated once you leave the country. In general, nobody will show up on your doorstep demanding you leave. But you are expected to exit the U.S. within a reasonable period of time. This is probably in the range of about a month. If you are out of status for more than 6 months you are subject to a 2 year bar from reentering the US. | | | |
|
|
Topic: Anybody has travel experience on AP from TORONTO,CANDA
Not sure exactly what your question is but maybe this helps.
1) When flying to Canada from the US you will generally fly from a Domestic terminal. You will be required to go through Canadian immigration on arriving in Toronto just as you would with any normal international travel.
2) On the way back, you will go through US immigration PRIOR to flying, while still in Canada. Lester B Pearson has US customs at all terminals from which there are US bound flights. This is done so that Canadian flights can fly directly to US domestic terminals. You still check in as you normally would to receive your baggage tags and to have your passport and visa checked. Just prior to lining up for US immigration, you have an opportunity to go to a Duty Free shop. You then line up for US immigration. These are locally-based US immigration officers. They aren't Canadian equivalents. It is a true US immigration POE. Once you are through US immigration you then hand over your customs forms to an officer and if there's nothing to declare, hand over any baggage that you wish to have checked in for the flight. You then clear the usual pre-flight security checks and wait in a secured area that is segregated from other domestic or international parts of the airport. These parts of the airport also have restaurants, shops and all the normal amenities, and you can usually use Canadian or US currency.
The officers have always been polite and for the most part know their jobs pretty well. If it's your first time traveling on AP you should still have 2 copies. You may have one copy taken away. This is normal.
There are usually two lines at Toronto US customs. One for LPRs and USCs, and one for all other vistors/visa holders.
Hope this provides you with some understanding of how it works. | | | |
|
|
Topic: Travelling to Hawaii
Hawaii is a domestic flight. However, it never hurts to carry your passport. You do NOT require AP as you will not be leaving the United States.
I carry my green card even during domestic flights. When you fly you may at any time be questioned over your residency/visa status.
The chances of this happening however are very unlikely. | | | |
|
|
Topic: Can I convert from EB3 to EB2
Experience can be used to supplement education in H1B applications. This however is NOT the case for I140 approvals. Your education must match the requirements on the Labor Cert without any kind of 'experience to education' translation. So, for example, if you have a 3 year engineering degree, and your Labor requires a computer Science degree specifically, you will not be able to use experience to bridge the gap. However, if your Labor says you require a degree in a computer or engineering dicipline and x years experience, you may be just fine. Read the I140 forums for details about this. More importantly, consult your lawyer if you are still unsure. The main point however is that there is no 'conversion'. | | | |
|
|
Topic: Visa for Wife To Be
Spouses of US citizens are exempt from all numerical caps so they are are subjected only to application processing time which is usually 6 to 12 months.
Spouses of GC holders are subject to the caps and priority dates stated in family based table in the monthly visa bulletin unless they were married before the GC was granted. In general this translates to several years.
So yes. There's a huge difference between the two. | | | |
|
|
Topic: HOME BASED BUSINESS AND GREEN CARD FIASCO
Hi DoItLegally,
Well, whatever you are saying is theatrically correct, but do we know that USCIS thinks the same way.
may be investment stock doesn't matter but what about forex trading when you are working daily in the evening time or in the night at least 3-4 days a week at home.
AJ
Personally I see nothing wrong with this but I'm not an expert. I think you're fine. | | | |
|
|
Topic: Can I convert from EB3 to EB2
Your degree in Mechanical Engineering is not really related to your profession - assuming it's IT consultant. As such, I would be surprised if you would be considered for eligible for EB2. Was it accepted as a requirement for EB3? Was your I140 already approved? What are the requirements you have on your EB3 Labor certificate.
By the way, you can't 'convert' an EB3 to EB2. You can only restart a new EB2. Once it is approved you can use your original EB3 priority date. But that is the only connection between the two. | | | |
|
|
Topic: Tax filling
Exactly correct. The OVERWHELMING majority of H1Bers are required to fill RESIDENT ALIEN forms, declare ALL worldwide income and complete a TD F 90-22.1 form declaring all foreign accounts if the sum total is $10,000 U.S. or greater. | | | |
|
|
Topic: What if GC is approved while you're traveling on H1-B?
I am amazed at all the nonsense being spewed here. H1Bs are permitted to leave the US without fears of abandonment. If you are approved when you are away you can return and simply explain that exact fact. They will process you as a permanent resident. They will already have that information in their system.
While I advise AP as absolute security, truthfully, it is not legally required for H1B holders. Furthermore you can also have your GC sent to you. | | | |
|
|
|
|
|
|
