Ramba
08-07 03:44 PM
I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
wallpaper Earth - From Space Wallpaper
eb3retro
03-16 10:17 AM
Thank you very much for your post. I am in identical situation and planning to use AP to travel to India. Your post gives me some confidence to travel.
you are welcome jungalee..dont worry, you will be very fine.
you are welcome jungalee..dont worry, you will be very fine.
LostInGCProcess
02-11 02:40 PM
I am planning to file my 7th year extension and would appreciate some one who can provide some guidance. I have a pending I-485 (July 2007 filer).
My six year visa expires in Sep 07, 2009
a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
Ans: What you read is true.
b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
Ans: It would be from the date they officially received your application.
c) Can we include the dates for some one is physically not present in US
Not sure what you are trying to say here???!!!!
d) What supporting documents are needed to prove that some one was not present in US?
By showing no supporting documents, I guess And why do you want to do that?
Thanks
Senthil
...
My six year visa expires in Sep 07, 2009
a) How much in advance we can submit HIB petition. I read some where H1B can be applied six month in advance.
Ans: What you read is true.
b) If we apply six month in advance, can those dates be from Sep 08, 2009 or the date of submission.
Ans: It would be from the date they officially received your application.
c) Can we include the dates for some one is physically not present in US
Not sure what you are trying to say here???!!!!
d) What supporting documents are needed to prove that some one was not present in US?
By showing no supporting documents, I guess And why do you want to do that?
Thanks
Senthil
...
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sunny1000
12-18 10:32 PM
you know what...we should probably use the LCA weapon to our advantage to counter their arguement...Thanks Mallu for bringing that up...why didn't I think of that?:eek:
will they join hands with us ..:rolleyes:
will they join hands with us ..:rolleyes:
more...
md_alien
05-18 01:30 AM
I also got the magic email on Fri 15th May, 2008. I'd like to extend my sincere gratitude to all fellow members of this great community in guiding me through this tough journey. I wish all of you the best and will stick around to help other members out.
bindas74
02-05 10:54 PM
I applied I-485 in July 2007. But didn't apply for EAD/AP. I applied for EAD for the first time now, few days back and I was asked by my lawyer a check of $340 as application fee.
Hope this helps !!
hi raj1998,
I did pay $340 as I had applied in March 2008...now I am up for renewal...so I was hoping that I dont hace to pay any money since I had applied my first EAD with the new fee structure..
do you think you have to pay $340 when you are up for renewal next year?
Hope this helps !!
hi raj1998,
I did pay $340 as I had applied in March 2008...now I am up for renewal...so I was hoping that I dont hace to pay any money since I had applied my first EAD with the new fee structure..
do you think you have to pay $340 when you are up for renewal next year?
more...
fasterthanlight�
05-12 12:14 PM
The dont is quite hard to make out
**font perhaps?
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
**font perhaps?
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
2010 Earth - From Space Wallpaper
snathan
04-24 08:17 AM
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
I never heard of this...what crap it is.?:eek:
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
I never heard of this...what crap it is.?:eek:
more...
gsc999
07-15 04:42 PM
We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.
This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion
This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion
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sbajaj80
09-12 02:49 PM
Thanks tnite. Enjoy!!!
I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....
Where do guys see the LUD? And what number do you call the USCIS on? Thanx.
I am July2 filer at NSC....based on LUD, I suspect, it has gone to TSC and no information ever since....
Where do guys see the LUD? And what number do you call the USCIS on? Thanx.
more...
gc_on_demand
05-28 02:58 PM
I think this is system account which go and read blogs from different sites. No body reads your comment. Please donot waste time on those system automated message.
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FinalGC
07-19 08:13 AM
I would also suggest to take an infopass and request for MTR - Motion to Reopen the case...to evaluate the decision. Go ahead and apply for 485 and do MTR, simultaneously.
more...
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thepaew
02-10 10:35 AM
Sent you a PM with my email address. Thx
Please PM me and I can give out the details.
THX
Please PM me and I can give out the details.
THX
tattoo More Space Wallpapers
pappu
08-23 10:56 AM
please continue to send mails to your local lawmakers regarding Skil Bill. Use the webfax too at
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broad support for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
--
Please tell your friends too.
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
There are orgnizations that are opposed to this bill and are stronger than us. Only consistant efforts to make our voices heard would produce favorable results. We need letters comming from all members to these lawmakers so that when we lobby, these lawmakers already know that there are a lot of people who want this done and there is a broad support for such reforms.
FYI Numbersusa have been sending messages against this bill--
http://www.numbersusa.com/faxcenter?action=preview&ID=5665
--
Please do write your own mail to your local senator and congressman to communicate the problems faced by us.
The useful information is available here--
http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36
--
Please tell your friends too.
more...
pictures Earth+from+outer+space+
senthil1
09-12 11:29 AM
There is no doubt Obama admin is trying selective protectionist measures not only in immigration but also in trade.
The Rubber Meets The Road - Forbes.com (http://www.forbes.com/2009/09/12/china-imports-tires-business-washington-tariff.html)
Will it good for world? No. Will it good for America? Yes for short term. But long term it is bad for USA according to economists. But generally USA reverses the protectionist measures when economy rebounds and there is huge demand for US labor. So USA is not losing that much. Is it a fair or correct? If you compare with other countries may be it is correct. China is manipulating its currency for their convenience. That is a huge protectionist measure. When it comes to welfare of the country every country does unfair things. USA is not exception but still much better than most countries in the world.
AILA Leadership Has Just Posted the Following:
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
The Rubber Meets The Road - Forbes.com (http://www.forbes.com/2009/09/12/china-imports-tires-business-washington-tariff.html)
Will it good for world? No. Will it good for America? Yes for short term. But long term it is bad for USA according to economists. But generally USA reverses the protectionist measures when economy rebounds and there is huge demand for US labor. So USA is not losing that much. Is it a fair or correct? If you compare with other countries may be it is correct. China is manipulating its currency for their convenience. That is a huge protectionist measure. When it comes to welfare of the country every country does unfair things. USA is not exception but still much better than most countries in the world.
AILA Leadership Has Just Posted the Following:
Today's guest blogger is William Stock (http://www.klaskolaw.com/our-team.php?action=view&id=3), member of AILA's Board of Governors and partner in the law firm Klasko, Rulon, Stock & Seltzer
Employers who rely on foreign nationals to provide needed expertise in their workforce - from technical programmers to biochemists to wind turbine engineers - should take notice of three troubling trends which are becoming clearer as the discussion about employment-based immigration reform gets drowned out by the ongoing debate about comprehensive immigration reform.
The first trend is captured in this blog post (http://www.klaskolaw.com/our-team.php?action=view&id=3) by Vivek Wadhwa, a professor at Duke University who has studied high-tech entrepreneurship extensively. Current backlogs in the employment-based immigration categories trap foreign workers in the original job for which they were sponsored, meaning their companies cannot promote them to positions where their experience and skills can best be used. Nor can the workers take the initiative to start their own companies - while a small company may be able to sponsor one of its owners as an H-1B, a green card is much less likely in that situation. Wadhwa points out that eliminating the green card backlog (a major part of which consists of cases trapped by bureaucratic delays that should have been approved in past years� quotas, which do not carry over from year to year) would free an enormous amount of human capital to innovate and create the next generation of companies that will drive economic growth in the US.
More troubling, a combination of the green card quotas (which tie foreign nationals to one specific job) and rules for terminated H-1B workers (described in detail here (http://www.klaskolaw.com/articles.php?action=view&id=8)) are driving away the most talented foreign graduates of our universities. Recent surveys and profiles of foreign nationals in the US - particularly Indian engineers in Silicon Valley (http://www.sanfranmag.com/story/home-where-brain) - have highlighted an increase in the number of H-1B who are opting to return home, either from necessity or because the Indian economy now offers them opportunities to start or manage companies that the U.S. can�t match because of their visa situation. While opponents of high-tech immigration love to argue that H-1B visas allow tech workers to come to the US and learn skills that they can use back home, the fact is that most tech workers would prefer to use those skills in the US - and that immigrants are a key part of the Silicon Valley start-up community (given how many start-ups have at least one immigrant founder).
The most troubling trend, however, will not be immediate in its impact. For the first time in five years, US graduate programs reported a drop (http://www.businessweek.com/bschools/content/aug2009/bs20090820_960342.htm) in the number of international applications to their programs and the number of accepted applicants who chose to come to their programs. These students are the best and brightest from their countries, and when they choose to go to other countries rather than the US, we lose out not only on the tuition dollars they would have spent (at rates higher than out-of-state students pay), but also on their talents for companies in the US.
While these trends are troubling, they are not irreversible. What it will take, however, is a rational reform of our employment-based immigration system to recognize the contributions these immigrants make, and the national interest in providing a welcome mat to them.https://blogger.googleusercontent.com/tracker/186823568153827945-8233644330835442863?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/americas-shrinking-immigration.html)
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va_labor2002
09-25 03:12 PM
I see no harm in contacting him; but your excitement about Chandrasekharan seems curious to me. When people who have themselves immigrated from India (who now have GC/citizenship) are so indifferent about us, how can you expect a second generation indian journalist to "understand" our problems ? He does not seem to have done any articles on immigration; so there is no objective way for us to say whether he is really sympathetic to us or not.
Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.
I totally agree with you. But there is no harm in trying with him.He may be or may not be sympathetic to us.We don't know that ! He sees to be a smart journalist. If he is nice and sympathetic to legal immigrants,you may see a front page article about legal immigrants in Washington Post. Hope for the Best !
Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.
I totally agree with you. But there is no harm in trying with him.He may be or may not be sympathetic to us.We don't know that ! He sees to be a smart journalist. If he is nice and sympathetic to legal immigrants,you may see a front page article about legal immigrants in Washington Post. Hope for the Best !
more...
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smuggymba
01-18 09:12 AM
Go only if you really need to. If it's just a vacation, postponing is a good idea but don't miss out on brother's wedding etc to stay in US.
girlfriend Earth From Space Wallpaper
Bpositive
01-14 10:11 PM
Appreciate responses...
hairstyles Earth - From Space Wallpaper
saraiks
10-31 03:41 PM
Can Some one on EAD claim Earned Income credit?
Yes, you can.. at least in CA we had no problem receiving it after my wife got laid off.
Yes, you can.. at least in CA we had no problem receiving it after my wife got laid off.
lost_in_migration
09-20 10:04 AM
Good find. This reporter was successful in differentiating between high skilled legal immigrants and the low skilled illegals!! Our rally is bearing fruits as far as educating people about our problems is concerned
NPRs market place full article can be found here
http://marketplace.publicradio.org/display/web/2007/09/20/skilled_immigrant_protests/
NPRs market place full article can be found here
http://marketplace.publicradio.org/display/web/2007/09/20/skilled_immigrant_protests/
gc genie
12-30 10:45 AM
bump
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