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Everything posted by xTDx

  1. xTDx

    H1B accept 1099

    Yes. Just include the 1099 details on your tax returns and you are good.
  2. I would listen to the company lawyer and what they suggest. They know more about your case, job details and probability of getting approved based on your credentials than anyone of us here.
  3. i140 is employers petition. no spouse info is required for i140.
  4. Nobody here can help you. Make sure you work with the immigration attorneys before taking any kind of a deal from your criminal attorneys. Your case seems like something that a competent attorney will get dismissed in a few minutes...but that's my opinion based on what you told me. Cops just don't go arrest people just because neighbours said so. But this is 2020, anything is possible.
  5. xTDx

    Fraudulent PERM filing

    Yes but its not specific to USA, if somebody wants to forge papers, one can do anywhere. Its all about getting caught and what happens if someone gets caught. In some countries, one can bribe their way out even if one gets caught.
  6. xTDx

    Asylum in case of Covid-19

    Better for your friend to talk to an attorney who deals in asylum cases. Each case is different. IMO its a pretty pretty long shot.
  7. no. There is no option to specify criminal records on i129 i.e the h1b application form.
  8. Then you follow your immigration attorneys suggestions. If you do not trust them then take second opinion. Unfortunately it is too complex and case specific for anyone to help you here.
  9. Consult with a criminal and immigration attorney please.
  10. xTDx

    Unpaid Leave on H1B

    A few options to think of: 1- See if you can work from home or have flexible work hours. May need new LCA/H1b amendment. 2- See if you can move to home country and work from there or take a break from there. Not a bad idea to have your plans go through an immigration attorney.
  11. xTDx

    Want to take break on H1B

    You can only have one status. You are either working on H4 Ead or on H1b , so which one is it ? Moreover you cant choose to work on H4 ead one day and then the next day to work on H1b. Your status (H4 or H1b ) is dictated by your i94. That means you are on H4 and H1b is not valid. Your H1b employer quite probably asked USCIS to withdraw the application as per H1b law.
  12. xTDx

    LCA impact on h1b duration

    H1b will be approved as per LCA details. If work duration is listed on LCA for 5 months. H1b cannot be approved for more than 5 months. Then let's say you have a client letter valid for 2 months, then USCIS will approve H1b for only 2 months.
  13. xTDx

    Working as Indian employee from USA

    IF you are inside US, US immigration and labour laws are applied to you. In other words , you cannot work in US and get paid in ur Indian bank account or us bank account without work authorization from USCIS. You should get your ideas through an accountant/immigration attorney.
  14. 1- No impact, the visa classification is different. 2- No issues, there is no such thing as safe option. If your spouse is eligible for H4 then they will get H4. As I said there should be no impact of F1 rejection on H4 unless F1 was rejected for fraud reasons(212(a)(6)(C)(i)). 3- See 2.
  15. xTDx

    RFE for H-4 EAD extension

    FYI, X & Y may work pretty well in maths , however, on forums they simply confuse people. Now getting back to your question, if the dependant is in H4 status with a valid i94 till April 2021, then they should send back the i94 to uscis. Assuming the i94 or H4 status is only valid till March 2020, they would have to get H4 extended to april 2021 first(form i539), before asking uscis to extend ead. In other words, H4 ead will only be extended until current valid F4 status which is governed by i94 and not H1b petition expiry.
  16. AP is a black hole. All you can do is wait.
  17. OP is not planning to use AVR. OP wants to make use of existing visa which usually gets revoked when you appear for h1b renewal. OP, I suspect your existing visa is valid. They do not need to write anything on the passport or physically cancel the visa to revoke it, they can simply do it in the system. I would confirm with Toronto consulate before attempting to cross border because if you are denied entry by CBP based on expired visa then you have another thing to explain next time you apply for visa or entry at a cbp post.
  18. xTDx

    Reapplying for F1 visa with Felony&Misdemeanor

    I am curious , why you did not fight the charge "properly"? If you plead guilty that means you did it period. IMHO I see very little merit in getting your new F1 approved. But that should not stop you from trying. For what you pleaded guity to, you would have to work with an immigration attorney to review your charge and disposition in depth. No one here can help you on that and neither should you accept any suggestion from anyone else.
  19. No need for a new visa. You can travel with current valid visa from the old employer and have your i797 ready in case CBP wants to take a peek.
  20. Nothing is true until it gets published by USCIS.
  21. You have to wait for a few days. All applications show up as AP on CEAC for 1-5 business days. After 5 business days, you should contact the consulate if you haven't received any response or an official communication about 221g AP.
  22. It means that they did not issue you the visa yet. CEAC should show final processing or issued for your visa to be issued. You will most probably pick up passport with another 221g slip or requesting more info or to appear for another interview.
  23. It depends on state requirement. For example NJ requires 6 point ID check. For H4 you dont have an approval notice but you do get an i94. Print i94 from internet and take it along with other docs that they need. If they do not help you , talk to supervisor. Also go to a different DMV in your state if all fails.
  24. You could get it from FBI namecheck using your fingerprints. FBI made it very easier and now a days you can get your arrest record back from FBI in about 4-6 weeks max or even earlier. But DHS has access to electronic FBI records in seconds so they should not even be asking you these in the first place.
  25. xTDx

    H1B Second RFE 2019

    Most people in this world want magical answers to their problems. And I truly wish I could help them 😞 We should have a sticky topic for most frequently asked questions. Who is up for contribution? I am up.