AmericanInSpain
04-08 11:46 AM
I have a similar situation and I want to hear more about working remotely using a non-work resident visa...
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.
- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.
- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.
My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!
I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!
Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.
About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.
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a_yaja
04-23 04:39 PM
Thanks a lot guys for your inputs. I hope everything goes fine.......
heard these days it is taking more then 6 months for I140 approval...........
mine was filed in marcha, 07 in the Texas processing center...........
Depends. My I-140 was filed on Nov. 7, 2006 with Texas Service Center. As a Christmas gift, on Dec. 14th, 2006 I received an RFE (because my lawyer screwed up with my letters of experience. He did not send them!). My lawyer did not even send me the RFE notice (he said "it contains confident employer information") - which was surprising - as he used to be very prompt with eveything else. To make a long story short - after 2 months, my employer complained to the law firm and the lawyer was fired. The new lawyer handling my case sent me the RFE notice and then I knew why I was not given the RFE letter. It asked for my experience letters! The new lawyer responded to the RFE notice on March 1st (just in time too - respponse was to received by March 10th or something like that). My I-140 was approved on April 17th (Easter gift?).
If you remove the 2 months wasted by the attorney, I would say that the I-140 was approved in 2 1/2 months.
heard these days it is taking more then 6 months for I140 approval...........
mine was filed in marcha, 07 in the Texas processing center...........
Depends. My I-140 was filed on Nov. 7, 2006 with Texas Service Center. As a Christmas gift, on Dec. 14th, 2006 I received an RFE (because my lawyer screwed up with my letters of experience. He did not send them!). My lawyer did not even send me the RFE notice (he said "it contains confident employer information") - which was surprising - as he used to be very prompt with eveything else. To make a long story short - after 2 months, my employer complained to the law firm and the lawyer was fired. The new lawyer handling my case sent me the RFE notice and then I knew why I was not given the RFE letter. It asked for my experience letters! The new lawyer responded to the RFE notice on March 1st (just in time too - respponse was to received by March 10th or something like that). My I-140 was approved on April 17th (Easter gift?).
If you remove the 2 months wasted by the attorney, I would say that the I-140 was approved in 2 1/2 months.
a_yaja
01-21 08:45 AM
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
Visiting your parents is a humanitarian reason. Anyways, as vin13 mentioned, they will usually not ask any questions. My wife and I came back from Jamaica after a vacation in Dec. 2008 and no one asked us any questions.
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
Visiting your parents is a humanitarian reason. Anyways, as vin13 mentioned, they will usually not ask any questions. My wife and I came back from Jamaica after a vacation in Dec. 2008 and no one asked us any questions.
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reddy77
01-13 06:11 PM
Thanks Guys for taking time and replying to my questions, was able to get answers for all my queries. Thanks ...
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thakkarbhav
08-26 03:07 PM
My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
They will ask for it when you fill the I-9 form on first day of joining. Make sure to bring it with you.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
They will ask for it when you fill the I-9 form on first day of joining. Make sure to bring it with you.
tushbush
05-28 09:14 PM
Sounds true. I got RFE on employment verification last week. I am a July 2007 filer.
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abhishek101
05-21 12:42 AM
Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).
My situation is
Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
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GCard_Dream
04-23 02:50 PM
Have you or someone you khow actually been able to get a copy of I-140 using G-639? If so when was that and what was the processing time?
The reason I ask is because I have heard all kinds of stories about using FOIA to get a copy of I-140.
- Some say that you can not only get I-140 but also copies of your labor cert and they have actually received it.
- Some say that USCIS responded back saying that it was employer's property and hence can't be given to the employee.
- Some say that it just takes too damn long (over a year) to be any meaningful.
By the way, I just sent the G-639 myself couple of weeks ago. Will let you know if I was successful in getting a copy.
To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
Now a days it takes time. Almost 3 months.
URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :
-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.
The reason I ask is because I have heard all kinds of stories about using FOIA to get a copy of I-140.
- Some say that you can not only get I-140 but also copies of your labor cert and they have actually received it.
- Some say that USCIS responded back saying that it was employer's property and hence can't be given to the employee.
- Some say that it just takes too damn long (over a year) to be any meaningful.
By the way, I just sent the G-639 myself couple of weeks ago. Will let you know if I was successful in getting a copy.
To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
Now a days it takes time. Almost 3 months.
URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :
-Any person has the right to request access to federal agency records or information.
-All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
-There are nine exemptions to the FOIA that protect certain records from disclosure.
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mhtanim
12-31 03:34 PM
No FP for me either. See signature for detail.
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karan2004m
12-18 03:19 PM
I filed for I-140/485 concurrently in Aug 2007. I got all receipts & EAD/FP done in November. Waiting for AP.
I see in my 485 status online, one LUD was on 12/15, other on 12/18 today. What is it? My PD is 2007 so I dont know why so many LUDs recently. Is there something to worry about?
I see in my 485 status online, one LUD was on 12/15, other on 12/18 today. What is it? My PD is 2007 so I dont know why so many LUDs recently. Is there something to worry about?
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lalithkx
07-29 05:54 PM
Did anyone ask about EB3-India backlog?
There is nothing to ask about EB3-India. It is retrogressed. There are no visas numbers available. Unless some new legislation is passed, Ombudsman or USCIS or anybody can do nothing about it. You have to wait for next year quota :=)
There is nothing to ask about EB3-India. It is retrogressed. There are no visas numbers available. Unless some new legislation is passed, Ombudsman or USCIS or anybody can do nothing about it. You have to wait for next year quota :=)
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arihant
02-15 05:32 PM
http://www.foreignlaborcert.doleta.gov/
I found this on the DOL's website above.
Foreign Labor Certification
Backlog will be eliminated 9/30/2007
There is a statement in bold below this which says "18 Months Remaining". I am unable to post this jpg in the forum.
I read through the text below it briefly and did not find any more interesting info.
Found this strange that they are advertising the fact that 18 months remain while they do not seem to have completed even data entry in over a year as evidenced by the fact that several of us are still waiting on the 45 day letters.
I found this on the DOL's website above.
Foreign Labor Certification
Backlog will be eliminated 9/30/2007
There is a statement in bold below this which says "18 Months Remaining". I am unable to post this jpg in the forum.
I read through the text below it briefly and did not find any more interesting info.
Found this strange that they are advertising the fact that 18 months remain while they do not seem to have completed even data entry in over a year as evidenced by the fact that several of us are still waiting on the 45 day letters.
more...
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snathan
05-04 11:24 PM
I would also recommend to go through an attorney as the cost is not worth to lose your status...
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mwin
11-27 10:26 PM
From murthy: http://www.murthy.com/news/UDac21qa.html#1
Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP
Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965
Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP
Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.
Also, check: http://immigrationvoice.org/forum/showthread.php?t=4965
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paskal
03-15 12:28 AM
In 1996 I joined a residency on J-1
1999-2001 i did a fellowship
2001-2003 another fellowship- needed special permission from ECFMG
2003 started a waiver job and I'm still in the same job in my 4th year.
Good job in a very nice metropolitan area.
Home residency requirement is 2 years
The new Conrad law is certainly better and should make things somewhat easier.
1999-2001 i did a fellowship
2001-2003 another fellowship- needed special permission from ECFMG
2003 started a waiver job and I'm still in the same job in my 4th year.
Good job in a very nice metropolitan area.
Home residency requirement is 2 years
The new Conrad law is certainly better and should make things somewhat easier.
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swadeshi
07-27 04:06 PM
I had same question, but when I checked all I-94s of mine, they all had same numbers, one at POE consistent with all other 797 issues after that.
Hope that helps.
I-94 numbers never change, I have had the same one's even though I switched visa types like L1 to H1 and travelled twice. The I-94 number never changes it remians the same.
Hope that helps.
I-94 numbers never change, I have had the same one's even though I switched visa types like L1 to H1 and travelled twice. The I-94 number never changes it remians the same.
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supreet
06-30 12:28 AM
My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".
Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).
Any ideas what's going on?
- S
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".
Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).
Any ideas what's going on?
- S
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roseball
06-22 08:49 PM
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LostInGCProcess
11-10 11:40 PM
Thanks again for the reply and wishes!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
Hong12
12-16 01:51 AM
Thanks so much for a quick response. My cover letter, I-129, I-797 and LCA are correct. However, the petition letter from my employer to USCIS has all the wrong background. In this case, does it mean that my lawyer can just send me the new petition letter with the correct information? I can then bring the new petition letter to the consular? I also found the following info:
USCIS send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC). KCC then scans and enters all pertinent information including Form I-129, employer support letter (Petition Letter), and beneficiary's identification documents into PIMS. The U.S. consular will then confirm a petition in PIMS before the issuance of the visa.
Also, I just talked to my lawyer again, and he told me that I�m overreacting about the whole issue! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything.
In this case, would it be ok? I thought that the consular can pull the copy of the petition letter from PIMS. Would it be alright if the petition letter they have on PIMS is different from the new petition letter that I will bring to the Consular? Please advise. Thank you very much.
USCIS send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC). KCC then scans and enters all pertinent information including Form I-129, employer support letter (Petition Letter), and beneficiary's identification documents into PIMS. The U.S. consular will then confirm a petition in PIMS before the issuance of the visa.
Also, I just talked to my lawyer again, and he told me that I�m overreacting about the whole issue! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything.
In this case, would it be ok? I thought that the consular can pull the copy of the petition letter from PIMS. Would it be alright if the petition letter they have on PIMS is different from the new petition letter that I will bring to the Consular? Please advise. Thank you very much.
Gravitation
12-17 11:38 AM
2 years - 10 years.
Not very precise... but that's as much as anybody knows.
Not very precise... but that's as much as anybody knows.
