Example:

• If you have an H4 kid who can normally be added to your H4 extension i539 form, you cannot file the H4 extension online.
• You can file a B2 extension online if you are filing alone.
• Similarly, filing an F1 extension alone is available for USCIS online filing but not with dependents (F2).

Documents for H4 Extension/COS

1. Form i539 – Paper extension filing.
2. Form i539A (Optional)- If you have any dependents you are applying for, you can include them on the same application with the same fee using form i539A.
3. H4 Visa extension fee – Pay by ACH transfer or credit card. No checks or money order are accepted now (after 28 Oct 2025).
4. H4 Visa Stamps in Passport (If Any) – Color Copy preferred – Black & white works too
5. H1B Primary i797A approval Copy – required only if filing H4 extension separately from H1B extension.
6. H4 Most Recent I94
   1. Check the last approved H4 i797A for the attached paper i94.
   2. Or if you last entered the USA by any port of entry, download the i94 from the CBP website.
   3. Or if you got your i94 extended after passport renewal at any Land Border like Laredo, TX, or San Diego, use your paper i94 copy.
7. Most Recent Entry to US Immigration Stamp – Check the US immigration stamp in your Passport.
8. Current and OLD Passport Biometric Page
   • Passport page with Photo and address. The passport should be valid for at least the next 3 months.
   • All OLD Passports Biometric pages are required.
9. Marriage Certificate

If you are filing an H4 visa stamp outside the USA, you must complete forms DS-160 and NOT i539.

The documents required for H4 Visa stamping in the US embassy are given here.

USCIS i539 Form Filler App

You can use AM22Tech’s app to fill out the USCIS i539 form. The app validates everything and fills in the most recent PDF form for you to avoid mistakes.

Common Questions

Sample i-539 form

We are taking up an example of an H4 visa extension for filling out this sample i539 form.

The content is more or less the same for other types like B1/B2, F1, or other types of extensions.

This same form can be used to fill out your H4 extension online on the USCIS website.

Form i539 Part 1:

• A number Question 2:
  • Alien number is written on the H4 EAD card if you have ever got one.
  • If not, then you can leave this field blank.
• USCIS Account number – Q 3:
  • You can leave it blank if you do not know this number.
  • Most H4 or B1 candidates will not have this number.
• Address Q 4 and 6: Please fill in the H4 US residence address.
• SSN – Q10:
  • If you have never applied for H4 EAD or SSN before, then chances are high that you do not have an SSN.
  • You can leave it blank.
• Most recent entry to US – Q 11: Write information about your most recent entry to the US via land, water, or air.
  • Passport number & expiration: The passport number you used when you last entered the USA physically. It is possible that this passport has expired or was lost. It does not matter. You should still write that passport number.
• Current Non-Immigrant Status:
  • The current visa status is mentioned on your most recent i94.
  • This can be different than the i94 status you received in your last entry to the US. It happens if you have changed your status while physically staying in the US.

Form i539 Part 2

• Total number of people – Q 4:
  • Example: If you are applying for an H4 extension, and you are adding 2 H4 kids, then you should write ‘3’.
  • If you do not have any kids, then write ‘1’.

Form i539 Part 3:

• Requested status date Q1: Write the date till you want your application to be approved.
  • Example: For the H4 extension – this should be the same as the H1B expiration date.
• Question 3
  • This question is confusing and will have an answer only if your primary application was NOT approved.

Form i539 Part 4:

• Current passport
  • This should be your current active and unexpired passport.
  • This can be different than the one you used in your last entry to the US.
• Physical address abroad
  • Your non-US address.
  • This can be any of your relative’s addresses if you are not maintaining any of your own addresses.
• Employed in USA – Q 14 answer – Example: For H4 cases:
  • If you have H4 EAD and not working, select ‘No‘.
  • If you do not have H4-EAD at all, then select ‘No‘.
  • Select Yes, if you already have H4EAD and have been working actively using your work authorization.
    • Do write the employer details, salary, and employer address in the Additional Information section at the end of the form.

Form i539 page 5 can be left blank if you are filing it yourself. If your attorney is filing it, then fill in the Attorney information on page 5.

H4 Employment information:

1. Employer Name
2. Job title/Designation
3. Employer full address
4. Weekly Income (Before Tax) in USD
5. Dates of Employment – Write start date to finish date.

i-539A Sample

Form i539A – Page 4 can be left blank if there is no additional information to share.

Fill Form i539A Form with App

Fee Calculator

Use the USCIS fee calculator to find the total fee for filing the i539 form with biometrics.

USCIS Mailing Address

Use these USCIS addresses to send both H-4 and H4 EAD applications if filing separately from the H1B.

Send your H4 and H4EAD application to USCIS Dallas Lockbox Facility if the receipt number of your H-1B principal spouse’s most recent Form I-797 Notice of Approval for Form I-129 begins with EAC, LIN, or SRC.

H1B receipt starts with EAC, LIN, or MCT

If sent by U.S. Postal Service (USPS):

For FedEx, UPS, and DHL deliveries:

H1B receipt starts with WAC, SRC, or IOE

This location is also known as USCIS Phoenix Lockbox Facility.

If sent by U.S. Postal Service (USPS):

If sending by FedEx, UPS, or DHL:

Source: USCIS

The post Sample i539 Form Extension, Documents (B1/B2, H4 COS, F1) – Fill with App appeared first on AM22Tech.

Check if you are eligible to apply for H4 EAD.

Documents for H4 EAD Application

#1 H4-EAD Fees Check / Credit Card

After Oct. 28, 2025 USCIS will accept only ACH debit transactions using Form G-1650 or credit card payments using Form G-1450.

ACH should be from a US bank. If you are using the credit card, then it should have been issued by a US bank. International cards from non-US countries will not work.

Till Oct 28, 2025 – You can send the personal check for H4 EAD payment.

H4 EAD fees check for $520 payable to the ‘U.S. Department of Homeland Security‘.

Short forms like USCIS are not allowed on personal, cashier, or money orders.

Personal checks from your checking or savings account in Bank of America, Chase, etc. are allowed. A certified check is not required.

Do not add biometric fees to the H4 EAD check. Calculate the current USCIS H4 EAD fee.

Biometrics is only required for H4 extension and not H4 EAD. If you send the wrong fee, USCIS will reject your application and send it back.

#2 Photo

Two identical 2×2 inch photographs clicked within the last 30 days are required for the H4 EAD application.

Write your name and i94 number (OR SSN OR Alien registration number) on the back of the photograph with a light gray colored pencil.

Offcourse, you can click the H4 EAD photo at home, edit it and then print yourself to save money.

The admission record number on H4’s i94 fetched from the CBP site is what should be written on the back of each photo.

Do not send an old photo with the I-765 application as USCIS will send RFE to submit new photos. This will increase your H4 EAD processing time.

#3 How to file H4 EAD using Form I-765

Download and fill USCIS i765 form. You can also use our app to fill out the form. The app validates and checks all form fields to make sure you do not make any mistakes.

You can use this app to fill the form, validate all, and make sure the form is not rejected or an RFE is sent by USCIS:

#4 H4 Status Proof

• Copy of H-4 visa holder’s most recent I-797 Approval. If an H4 extension has been approved recently, use the extension approval. OR
• Most recent H4 i-94 copy. If an H4 extension were approved recently, the new i94 would be attached to your H4 extension approval (i797) notice OR
• A Copy of the pending H4 extension if it has not reached any result yet.

#5 Government-issued Photo ID Document

• Copy of Passport’s front (with Photo) and back pages (with address) OR
• Copy of USA H4 Visa stamp page from the Passport OR
• A copy of your last EAD – Both front and back (if any) OR
• A birth certificate with a photo ID. For example, an Indian (or Chinese) birth certificate will work only if it has a photograph. OR
• Any other national identity document with a photo. US State ID or Driving License is NOT acceptable.

#6 H4’s Relationship with H-1B

A copy of your marriage certificate in English is required to prove the H4 dependent’s relationship to primary H1B.

#7 H4 EAD Eligibility Proof

Primary H1B spouse’s I-140 i797c approval notice is required to prove H4 EAD eligibility.

If your employer has not shared the I-140 approval copy with you, use the USCIS FOIA request to get I-140 details.

#8 Current H4-EAD copy for Renewal

An existing EAD copy is required only if you already have H4 EAD and you are applying for renewal or extension.

Only a black color ink pen is allowed as USCIS uses computer scanning to read forms.

Do NOT staple the documents. Use a paper clip to bind them together.

Concurrent Filing – H1B, H4, H4 EAD

If you are filing H1B, H4, and H4 EAD applications concurrently at the same time in the same package, you can write this in question 29 on form i765:

• “Filed Concurrently” OR
• Leave Blank OR
• Write the current approved H1B receipt number

All three options have been tried and tested and all of them work fine. Our recommendation is to write “Filed concurrently” in Q29 or use our app and it will handle all text automatically.

Don’t worry about the limited space to write it. You can just write with free handwriting.

H4-EAD Renewal Documents

The document list is the same for H4-EAD renewal or extension as for the new H4-EAD application mentioned above.

The start date for the H4 EAD extension may be in the future.

Example,
If your H4 expires in Sep, and you applied for renewal in Mar, of the same year, your extended H4’s start date may be Sep instead of March.

It is on USCIS to give a current start date or future one (that correlates with your current H4’s expiry date).

To fill up the i-765 form, we would consider the most recent H4 approval irrespective of its start date.

Based on it, your i94 number and primary H1B i797 approval receipt number will be decided while filing the i765.

Apply SSN with EAD

If you do not currently have SSN, select ‘No’ on Q 13.a. and then select ‘Yes’ on Q 14 and Q 15.
You will have to fill Q 16.a., 16.b. with your (H4’s) father and mother’s name to get an SSN card.

Your SSN card will be automatically generated after your EAD is approved within 3-4 weeks and mailed by USPS.

FAQ

The post How to file H4 EAD, Documents, Form i765 (New / Renewal Process) appeared first on AM22Tech.

2×2″ photos size is common in USA for almost all types of government related documents and applications including:

1. USA Visa Applications
2. USCIS forms like H1B visa, family and employment green cards
3. USA Nursing Licenses – All States
4. Driving License
5. USA Passport applications

2×2 Photo Converter

There are many 2×2 photo converters available online including the one AM22Tech has developed.

1. AM22Tech AI Passport/Visa Photo
   • Crops, sizes and removes image background.
   • Provides single digital photo along with 4×6 perfectly lined photos for paper printing.
   • Manual photo editing if your photo needs adjustments that their AI cannot make.
   • Free edits and redos available.
   • Full refund guarantee if photo is rejected.
2. US Gov Photo crop tool
   • Crops and sizes.
   • No background removal. You will have to use other software to make background white/light gray as required.
   • Single digital photo only.
   • No support available. You are on your own. No guarantees.
3. VisaFoto
   • Crops, resizes and removes background but only gives one digital photo.
   • Difficult to print on paper.
   • No guarantees and no manual edits available.
4. Altsys
   • Crops, resizes and removes background.
   • Gives 2 photos for paper printing.
   • No support if the photo cannot be edited by their software.

How do we edit a Digital Photo to be exact 2×2 size on Paper?

There is no easy way to edit the digital photo to be exacrt 2×2 unless you use a professional softare that makes it the exact size by running mathematical algorithm.

If you try to edit it by yourself, there is a very high chance that the photo will either stretch or compress when you print it on paper.

I strongy suggest to use a software to make sure your photo is marked with exact 2″ × 2″ (51 × 51 mm) such cut-out lines to avoid any surprises.

2×2 Photo Requirements

Other Countries That Require 2×2-inch (51×51 mm) Photos

1. India

• Accepts 2×2 inch photos for passport, visa, OCI applications.
• Accepts 2×2 size photo for all services like power of attorney, NRI certificates and other similar services provided by Indian embassy in USA.

2. Various Visa-only Requirements

Several countries’ visa applications (especially when filing from abroad) often specifically ask for a 2×2 inch photograph:

• Countries include Spain, Afghanistan, Cambodia, Iraq, Kuwait, Nepal, Saudi Arabia, Thailand, Philippines, Vietnam, Kenya, Ghana, Uganda, and Zambia.

3. Other Passport/ID Uses

There are also some less common examples where a 2×2 format is used:

• Bulgaria, Barbados, Saint Lucia, Palau, and Rwanda accept or require 2×2 inch photos for certain ID or passport applications.
• Costa Rica uses a 2 × 2 inch photo for both passport and visa (51 × 51 mm).
• Cameroon may also accept a 2 × 2 inch photo for passport or visa in some contexts.

Summary Table

FAQ

The post 2×2 Photo Converter – Passport Photo Size Converter appeared first on AM22Tech.

Many applicants face delays or RFEs because their photos do not meet USCIS standards.

Here’s a simple, step-by-step guide to help you get your photos right the first time as per USCIS photo guidelines for H4 EAD.

Official USCIS Photo Requirements

To avoid delays and rejections, your application photos must strictly follow the official U.S. government photo specifications.

• Size: 2 x 2 inches (51 x 51 mm)
• Head Position: Head height must be between 1 inch and 1 3/8 inches (25–35 mm) from the bottom of the chin to the top of the hair.
• Background: A plain white or off-white background is required, with no patterns or shadows.
• Expression: Maintain a neutral facial expression or a natural, subtle smile. Both eyes must be open and visible.
• Eyewear: Glasses are not permitted in the photo, except in rare instances of medical necessity with a signed doctor’s statement.
• Print Quality: Photos must be high-resolution, printed on photo-quality paper (matte or glossy), and free of smudges or creases.
• Quantity: Unless specified otherwise on your form, you must submit two identical photos.

Important: Do not use selfies, casual snapshots, or heavily filtered photos. Ensure the lighting is even and there are no dark shadows on your face or the background.

Where to Get H4 EAD photo Clicked?

You can visit Walmart, CVS or Walgreens to get your photos clicked for H4 EAD.

At some locations, even Costco and Sams club also offer reasonably proced passport size photos. They can also edit the photo as per USCIS requirements.

They usually charge upwards of $14.99 for two pictures.

The other option is to click the photo yourself using the mobile phone camera or your digital camera. There are softwares and websites available online which can help you edit your photos to exact specifications.

You should remember that editing is complex as the final edited image should print to exact measurements of 2 inch x 2 inch on paper. The image’s DPI (dots per inch) also matter as they control the quality of the final printed output.

USCIS requires the image to be high resolution which can be attained if you click the image by your iPhone and then edit it to at least 300 DPI. AM22Tech’s AI photo editor takes care of checking the photo resolution and edits it to minimum 300 Dots per inch thereby making it extremely easy to satisfy government requirements.

If you would like to click them yourself to save money, here is how to take H4 EAD photo at home.

Step 1 of 4

Lighting

How to Take Your Passport or Visa Photo at Home

Save time and money by capturing a professional-quality photo right from home. All you need is a smartphone and a few minutes. Follow these steps for the perfect shot.

1 Right Lighting

Stand against a plain white or off-white wall. Face a window for natural daylight to ensure even lighting and avoid harsh shadows.

2 Set Up Your Camera

Use a tripod or ask a friend. Keep the lens at eye level and about 2 to 4 feet away. Always use the back camera for sharper quality.

3 Strike the Correct Pose

Look directly at the camera with a neutral expression. Keep your head straight, shoulders relaxed, and ensure your full head and shoulders are visible.

4 Capture & Upload

Take the shot and upload it to an AI photo editor. It will adjust background, crop correctly, and produce a high-resolution photo that matches government standards.

Expert Tip

Avoid using a flash. It creates glare on skin and glasses. Natural light is your best friend!

Making Your Photo USCIS-Ready

Even with a perfect shot, technical details like resizing, cropping, and cleaning the background can be a headache. USCIS is very strict and will reject photos if the head ratio or dimensions are even slightly off, leading to frustrating delays.

The Final Editing Steps

• Crop and center the head to the exact specifications.
• Ensure precise 2x2 inch (51x51 mm) dimensions.
• Professionally remove background shadows and ensure a pure white background.
• Generate print-ready files (JPEG/PNG/PDF) for easy printing at home or a store.

FAQ

The post How to Get H4 EAD Photo Online – USCIS Guidelines [Avoid Rejection] appeared first on AM22Tech.

Applying for a US visa involves many steps, and one small mistake – a bad photo – can cause a big problem.

A rejected photo can lead to frustrating delays and even a canceled interview.

But don’t worry! You don’t need a professional studio to get it right. This guide will walk you through the essential requirements and show you how to take a great photo using just your smartphone and reliable online tools to ensure it’s accepted the first time.

Capturing the Perfect Visa Photo of Your Infant

DIY: Your Guide to a Good Starting Photo

You can get a professional-looking photo at home. Your smartphone’s camera is high-quality enough for this task. Here’s a simple process to follow:

Step 1: Get the Lighting Right

Stand in a well-lit area, preferably facing a window for soft, natural light. This helps prevent harsh shadows on your face or behind you.

Step 2: Use the Right Angle

Ask a friend to take the photo from about 4 feet away. This avoids the “fisheye” distortion you get from being too close. Make sure the camera is at eye level.

Step 3: Keep a Neutral Expression

Look straight ahead with a relaxed, neutral expression. Close your mouth, keep your eyes open, and don’t smile. Remove any hats or eyeglasses.

Your Two Options for Getting a Perfect Photo

Once you have a good picture, you need to make sure it meets all the specific digital rules. This is where most people get tripped up—getting the sizing, head position, and background just right can be tricky.

To help you, here’s a comparison of two ways to make sure your photo is 100% compliant, so you can choose the one that works best for you.

Does the AI editing app change my facial blemishes / pimples?

Most AI visa editing software will take extreme care to not edit the facial blemishes or natural marks.

You should also NOT change any of those marks on your face, or even the pimples (Acne) that you may have.

The government regulations for ID photos for visa are very strict and they can deny your photo or the visa if you change them using AI.

AM22Tech’s AI visa photo editor never makes changes to any of your facial features to comply with government guidelines.

Keep in mind that this photo is for legal purpose and not for instagram of facebook likes. It is important that you show the face and your facial biometric is correctly recorded in the photo even after editing the background or cropping

Can I take a selfie and edit it for Visa Photo?

We suggested NOT using a selfie for visa photos. Usually, when you click a selfie, your shoulders and head position are not always straight.

There is a very high chance that the image will not be a perfect fit for the visa photo even after editing it with AI.

The post How to Get Perfect US Visa Photo [Avoid US Visa Delays] appeared first on AM22Tech.

An alien number, commonly known as ‘A number’ is assigned to each person who intends to immigrate to the USA.

This 7 to 9-digit number, prefixed with the letter ‘A’ can be found in various documents that have been issued to you by USCIS.

The 9-digit USCIS number printed on US permanent resident green cards is the same as the A-number.

Please note that the PERM ETA number is not the same as the A (Alien) number.

Where Can I find my Alien Number?

i140 – A number on i797 form

The most common place is the i140 approval i797C form that carries ‘A number’ assigned to you:

Many times, the H1B visa employer does not share i140 approvals with the employee. In that case, you can use the FOIA request and may need this A-number to improve your application.

EAD card – Alien Number

You can find your unique A number on your EAD card if any was ever issued to you. This includes OPT EAD, H4 EAD, L2 EAD, etc.

On the EAD card, the USCIS# is the same as your A number and can be used whenever you need to enter the Alien number.

Example:

A number will be required on the i-485 green card medical application form i-693.

Green Card Alien Registration Number

Green card also uses the term ‘USCIS#’ to mean Alien number.

Immigrant visa – Alien registration number

On your US immigrant visa, the same A number is referred to as the ‘Registration number’.

A number is assigned only to people who file any visa application with the USA with the intent of permanent residence.

Hence, an H1B visa will not have the USCIS# or A number listed on the visa.

i485 Receipt Notice

You can find your A-number on the i485 receipt notice as well if you do not have access to your i140.

You will need this A-number if you want to interfile the i-693 medical form before USCIS issues an RFE for your pending ‘Adjustment-of-status’.

H1B Receipt Notice A Number

H1B applicants are assigned the A number once their employer files a Green Card PERM application and then i140.

A Number format: A-XXX-XXX-XXX

FAQ

The post Where Is My Alien Registration Number or A number? appeared first on AM22Tech.

Check PERM on the DOL Site

You cannot track your PERM status online on the official DOL FLAG website as it can only be accessed by your employer or attorney.

There are other ways to find the current PERM processing time:

#1 DOL Disclosure Data

DOL shares the PERM approval data on its disclosure data page quarterly in an Excel sheet format. You can download and see past PERM case details. This data is usually delayed by 3 months but is the official source of truth.

#2 AM22Tech PERM Processing Time

AM22Tech collects PERM approval data users shared on various online forms and merges it with DOL’s official PERM disclosure data to show you the current PERM processing time above.

You can also find the estimated H1B max-out time if you start your PWD, PERM, and i140 processes too.

#3 Trackkit.com

This Online tracking forum shows the user-contributed PERM case data. The data is crowdsourced too and is popular among Indian employment-based applicants.

PERM Case Number

The number is assigned to your PERM case when your employer or attorney creates the case in the online DOL system for the first time. Your employer may or may not submit the case on the same day to DOl for approval.

PERM Analyst review means that your case is worked on by a DOL Analyst.

PERM A number and i140 A number are different and have a different purpose:

• PERM ETA Case Number format is G-NNNNN-NNNNN with 10 digits
• The Alien number (also called A number) under the beneficiary section on the I-140 Approval Notice is A-NNN-NNN-NNN with 9 digits.

PERM Status Meaning

# CERTIFIED

PERM-certified status means it has been approved and is valid for 180 days from the date of approval.

# CERTIFIED EXPIRED

PERM certified expired means that PERM was approved but was not used within 6 months to file i140 with USCIS.

• This PERM has expired and a new PERM should be filed to get a new Green card priority date.
• It is possible to request the same priority date from the old expired PERM but USCIS may or may not port the date. It depends on USCIS discretion.

Many people have also reported that their i140 was approved after PERM but the status still shows as ‘Certified Expired’ on the DOL website and in the above case status check. There is no need to worry as it is possible that the DOL database is not updated and is showing wrong information.

# WITHDRAWN

PERM application was withdrawn by the employer.

# DENIED

PERM application was denied by DOL.

PERM Green Card Priority Date

Your US Green Card priority date is the date when you file your PERM application with DOL and not the date when the case was created online.

#1 Employment-Based

If your GC needs PERM labor certification, the green card priority date is the date on which the DOL receives ETA Form 9089 (PERM application form).

If your GC does not need labor certification like EB1 and NIW cases, the priority date is the date of filing form I-140, I-526, or I-360.

#2 Family-Based Green Cards

The GC priority date is the date U.S. Citizenship and Immigration Services (USCIS) receives the Form I-130 petition.

Experience letter for PERM – Skill Letter

Use a PERM experience letter sample to get skills listed on the old employer’s letterhead as employment verification.

This may be needed to prove your skills for the job description that is relevant to your PERM application if your case is selected for PERM Auditing. The letter also explains how to write a job description for PERM.

Normally, 30% of PERM applications are selected randomly for Audit.

The post H1B PERM Processing Time 2025 and FAQs appeared first on AM22Tech.

Normally, US employers will not run US payroll for an extended period. Talk to your employer to see if they can pay you outside the US instead of firing you.

You can also contact a consulting company and get payment in India while they collect your salary from the US employer for consulting services. This is the legal way.

For example, most IT consulting companies like TCS or Infosys would start your Indian payroll as soon as you exit the USA.

Maintain Canada PR, Get US Salary on H1B?

If you want to stay in Canada to maintain your PR and still want to keep working for your US H1B employer and draw a US salary in a US bank account, then it is not legally possible with US immigration law.

Your US H1B employer needs to show you as an employee and have a physical presence in the US.

You can work remotely but as soon as you enter Canada, you lose your H1B status. Your visa status in the US is defined by your i94.

In this case, your US employer can still hire you but will have to find a way to pay for your services without using your H1B. Usually, it can be done by showing you as a remote consultant. An employer can then show the salary payments to you as their business expense.

You can also keep visiting the USA using your H1B visa but then it may be hectic. Many people enter the USA from Detroit on H1B daily/weekly and maintain residence in Canada. This is probably the best way to get the best of both worlds.

A similar situation may arise for people who are thinking of going to Australia and still maintaining their H1B visa. The answer remains the same.

Salary in the USA, Working in India

Working from India on the US payroll is not allowed unless you have a US work visa like H1B or L1 or you are working as a consultant (hired by some US company).

Many people who exhaust their H1B 6-year quota leave the USA and wait outside the USA for their H1B extension result. They usually work remotely if their job allows it. Example: Many IT workers can from their country.

The most important point to note here is when you leave the USA, US immigration law does not apply to you.

You have to abide by the work visa rules of the country where you are currently working from.

Example 1:

If you are an Indian citizen and have left the USA, you can work for any employer in India. It does not matter if it is a US-based employer or an Indian company.

• Legally, if you are not in the USA on a valid work permit like H1B, your company cannot show you as an employee in their accounting books and cannot pay you a salary in US dollars.
• Your US employer should pay you through a contracting company in India. Legally, your employer can hire a contracting company who can then get work done from India.

You can receive your salary through this contracting middle vendor.

Example 2:

If you have completed your H1B 6-year quota, your employer cannot show you as a legal employee.

You must leave the USA and wait for your H1B extension (if filed with pending PERM) result outside the USA.

You can work remotely and can get paid by a third-party employer who may contract with your US employer.

US Tax – Working from India?

The US taxation will come into the picture based on your stay in the USA in the relevant financial year. If you pass the substantial presence test from the IRS, then, yes, you will have to pay US tax for that year.

Example:

If you worked in the USA from 1 Jan to 31 July and then left to work from India, you will pass the substantial presence test. You should file a US Income tax return and show Indian income too from Jan to Dec.

Related: How to file US Tax on NRE Interest 1099-INT

Salary Using SSN, Working from India

I strongly recommend NOT receiving any payment on your SSN while you are working from India.

If the salary is received for the short term like 1 to 5 months, then you are fine. But, if you keep receiving a salary for more than 6 months, you will face taxation issues.

You would be considered working in the USA without any valid work authorization if you receive payment on your SSN from a US company.

This may or may not be tracked by USCIS but it is best to avoid it.

H1B Working From India on a Holiday

Working remotely from India is allowed if you are traveling to India on vacation or short business trips.

You can also receive your salary in USD while you are away on your vacation.

Usually, people will take PTO (Paid Time Off) from their H1B US employer and then travel.

Can H4 dependents stay in the US while H1B is out of the US?

Usually, there is no issue with H4 staying in the US while H1B is traveling outside the US for a short period.

This short period is not clearly defined.

Generally, I would suggest keeping this period to about 1 week to 12 weeks.

I have seen people stuck outside the US due to COVID-19 or H1B form 221g admin processing for even 8 months (when they got DS5535) and their H4 dependents kept staying in the US all this time. USCIS did not create an issue with H1B extensions in these cases if the reason for staying outside for an extended period was genuine and could be explained.

H1B on long-term Sabbatical, H4 stay in the US?

If you are thinking about taking a sabbatical from your H1B job and staying outside the US, then, keeping H4 dependents in the US is not recommended.

H4 status in the US is tightly coupled with H1B status. If H1B goes on long-term unpaid leave, the US employer will probably stop the payroll processing.

Once the H1B payroll stops and the H1B primary exits the US, the H1B status is lost. Once the H1B status is lost, the H4 status is lost automatically even if the H4 visa stamp in the passport or the H4 i797 is still valid.

Ideally, if H1B is planning to stay outside the US for an extended period, which I suggest to be 3 months+, then H4 dependents should also exit the US with H1B to be on the safe side.

H1B International Assignment/ Remote work

Working for a US company from Europe, Canada, the UK, and India does not count as your H1B time when you go for a project that spans more than 6 weeks.

Once you leave the US, H1B is out of the picture completely unless you leave for a short duration like 1 to 12 weeks.

If you plan to work outside the USA for more than 12 weeks, it is best to take your H4 and L2 dependents too with you.

FAQ

The post Can H1B work from India, Canada and get Salary in USA (H4 stay, Sabbatical, long term unpaid leave)? appeared first on AM22Tech.

I have written down the basic rules for EB5 investment here.

Most people are worried about the money needed to file EB5 and how to collect those funds.

I try to list down all possible options for you.

How to Collect EB5 Funds

You will need at least $800k to file your EB5 Green card.

Realistically, you will also need an additional $50k to pay for the attorney fee, USCIS fee, and EB5 project admin fee.

Hence, plan for at least 880k to have in hand to take the jump for EB5 investment.

There are various creative ways of collecting funds for your EB5 Investment. We share some of them which are not commonly known to people.

#1 Use 401K Money

You can use your 401k directly as the EB5 investment. The most important thing to understand here is that the project you invest in should be available as the investment in your 401k provider portfolio.

What’s the solution then?

The solution is to move your 401K money from Fidelity to a provider that has the specific project that you chose for EB5 as an investment option. To find this 401K provider, you can ask the EB5 project’s team as they have all the information.

As an example, the Alto IRA has Behring’s EB5 project listed as an investment.

So, you would need to move your 401K money from Fidelity to Alto IRA to use it as an EB5 investment.

Can I move my 401K to another provider If I am currently working for the same company?

That’s a problem. You can only move the amount of money in your 401K to another provider that is not from your current employer.

This is an IRS rule and has nothing to do with USCIS, Fidelity, or any other 401k Provider.

#2 Roth IRA

You can use the same strategy as we mentioned for 401K above for using your Roth IRA for EB5 investment.

The other method is to withdraw your Roth IRA and use it as cash for the EB5 project.

You will be able to withdraw the Roth IRA amount that you contributed without any tax penalties.

If you withdraw the growth (the amount that increased due to the market), you will have to pay the penalty and the tax as per withdrawal rules.

#3 EB5 Project Unsecured Loan

Most EB5 project companies also give you an unsecured loan at the market rate.

This can then be used as the EB5 investment in your name to become eligible for the Green card.

You can get a loan of up to 500k for an investment of 800k. You will have to put in your 300k.

This loan follows the market APR rate and is usually 3-4% above the normal APR.

#4 Money from India/China or Home Country

You can get money from your home country like India or China by selling your assets there.

1. Sell Home Country Property – Many people sell their homes or other property to collect money for EB5.
2. Mortgage/ Loan on the property – The other way is to take a loan on the property in the Home country and then use it to fund the EB5 project in the USA.
3. Borrow from Family & Friends – You can also borrow from relatives, parents, or friends but will need all their proofs of income which may be a little cumbersome to collect.

This is allowed as long as you can prove that money to buy a home was earned legitimately and no taxes are due to the respective home country government.

#5 Other Sources

Whatever sources of money you use, make sure that it is the legitimate source as you will need to submit proof of it.

EB5 Green Card Processing Time

These times can vary but we have provided an estimate based on our understanding.

1. EAD & AP:
   • 5-6 Months to get EAD for work, 10-12 months to get Advance parole for travel.
2. Conditional Green Card:
   • Consider 2-6 years based on your EB5 sub-category and the status of your visa bulletin.
   • If your EB5 priority date (I526 receipt date) is current in the visa bulletin, then you are eligible for a 2-year conditional green card.
   • Your i526 will not be approved until the date gets and remains current.
3. Final Green Card
   • Your I526 should be approved.
   • You will have to apply using the I829 form and request to remove conditions from your conditional green card. This can take several months/years too based on USCIS processing time.
4. Citizenship/Naturalization
   • Your time on a conditional green card should be counted for your Naturalization/Citizenship but you can’t apply for citizenship until your I829 is approved.

Child Age Protection Using EB5

Your child’s age will be locked when you file I485 with your I526e application.

The child should stay unmarried until they get the greed card though.

FAQ

More Questions?

Ask them in the comments and I will try to answer them to the best of my knowledge.

The post How to collect money for USA EB5 Green Card? appeared first on AM22Tech.

Everyone is required to register officially on USCIS website.

I have explained Alien registration rule in this video here in simple language:

Am I already registered?

These are the people who have already registered. Check if you fall into any one of the category.

• Green card holders or Lawful permanent residents.
• Parole: People entered the USA using Advance parole or similar parole program even if the parole validity has expired.
• Visa holders:
  • If you were issued Form I-94 or I-94W (paper or electronic at land border) at your last entry to USA. It does not matter if the period of admission has expired, you are still considered registered.
  • If you are currently physically present in the United States and were issued green card or any type of USA visas before you entered USA
• Removal/Deportation: If you are under removal or deportation order, you are already registered
• EAD holders: If you ever applied for EAD and it was approved, you are registered.
• Green card applicants:
  • If you have ever filed forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied
• Aliens issued Border Crossing Cards.

Example:

H1B workers in the USA are already registered and fingerprinted at the time of visa application at US embassy.

Who is not registered?

Anyone who has not never applied for a USA visa stamp in passport and provided fingerprints (unless waived) is not registered.

Check if you are not registered:

• People who crossed the border illegally
• Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration

Age 14

Everyone 14 years of age or older should be registered irrespective of whether they legally entered the US or not.

Most visa holders below the age of 14 are not required to give fingerprints when they apply for USA visa at US embassy. Hence, they need to re-register again when they turn 14.

Parents and legal guardians of kids below the age of 14 are responsible to register their kids within 30 days of reaching 14th birthday.

Once registered and after fingerprinted, you will get evidence of registration.

This proof should be scanned and kept in phone at all times. A physical copy of this proof is also required to be with you at all the time.

Kids below the age of 18 need not carry this proof with them. They are waived from carrying it around.

How does registration work?

Step 1: Create a USCIS Online Account

To register, you must first create a USCIS online account.

Each person must have their own individual USCIS online account.

This includes child under the age of 14. Create your child’s individual USCIS online account on your child’s behalf and in their name.

Step 2: Submit Form G-325R

Fill out an electronic version of the Form G-325R, Biographic Information (Registration).

It must be filed online through a USCIS online account. It cannot be filed by mail or in person.

If you are trying to register your child, then, use your child’s own USCIS online account to fill this form.

Step 3: USCIS review of Form G-325R

USCIS will review the information you provided.

If you are already registered:

• USCIS will notify you that you have already complied with the registration requirement.
• In this case, USCIS will not schedule your biometric appointment.
• No proof or evidence of registration will be sent either.

If registration is required:

• USCIS will check if you are required to appear for a biometric services appointment.
• If you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14 years of age), USCIS will provide you with evidence of registration.

Step 4: Attend appointment for biometrics collection

USCIS will schedule a biometric appointment at one of their Application Support Centers (ASCs).

This notice will be sent separately at your home address after you have submitted the form online.

There is no fixed time period to receive this notice but it generally arrives in about 1-5 weeks.

No biometric services fee is required at this time under the Interim Final Rule.

If you do not attend your biometric services appointment (if required), you will be considered as unregistered person.

Step 5: Receive registration documentation

Once you have registered and provided your biometrics (if required), you will get a proof of registration in your USCIS online account.

Download this proof, print and keep it with you all the time if you are 18 years or older.

PENALTY

USCIS has made it a legal obligation.

Failure to register may result in criminal and civil penalties, up to and including misdemeanor prosecution, the imposition of fines, and incarceration.

In simple language:

• $100 fine if you have registered but not carrying proof of registration
• $5000 And/or up-to 6 month jail if you have not registered at all.

I am sure you do not want to pay the penalty and certainly do not want to see yourself in jail.

B1/B2 Visa Holders

Many people travel to the USA on tourism or business meetings using B1 or B2 visa.

There is no need to worry if you got your visa after you turned 14 years or more as you are already registered and fingerprinted by the US embassy.

If you are less than 14, and plan to stay in the US for more than 30 days, then two situation may arise:

1. Entering USA after turning 14: Your fingerprints will be taken at port of entry.
2. Entered USA before turning 14: You should register if your fingerprints were not taken at port of entry.

FAQ

The post USCIS Alien Registration – $5000 fine & 6 Month Jail for Non Compliance appeared first on AM22Tech.