MeraNoAayega
04-16 08:27 AM
anyone, would appreciate any suggestions
Thanks!
Start process for new labor.
Thanks!
Start process for new labor.
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ozz232
09-07 04:46 PM
I meant before I am out of status.
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
Oz
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
Oz
martinvisalaw
09-09 09:57 PM
I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?
The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.
2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision
3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.
4) Are there any chances of getting rejected at this stage.
There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.
1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?
The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.
2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision
3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.
4) Are there any chances of getting rejected at this stage.
There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.
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cdeneo
04-06 08:38 PM
Bumping this thread up...
I would appreciate if an attorney on this forum could please chime in on this query. Thanks!
I would appreciate if an attorney on this forum could please chime in on this query. Thanks!
more...
resident1374
01-26 03:43 PM
I am requesting some expert answers -
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
whattodo21
04-20 01:31 PM
John McCain: Illegal Immigrants 'Intentionally Causing Accidents On The Freeway' (http://www.huffingtonpost.com/2010/04/20/john-mccains-strange-clai_n_544559.html)
more...
kshitijnt
02-20 04:16 AM
Hello,
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
Hi, My wife was in similar situation and I can provide following advice:
If the school is public, then you need to stand benefit of resident tuition fees. However, keep an eye on the bigger picture, that is your career after the school. These days its difficuilt to get H1, although good MBAs should not have this problem. Some CA schools allow OPT and consider time on your H4 for OPT if you were a FULL TIME STUDENT on H4. But you can change status to F1 just before filing OPT (6 months or so) I.e. Be in H4 Status for 3 semesters and be full time student and change to F1 in 4th semester and right away file for OPT or CPT. You will need to work out the technical details of this. Hence you can take advantage of the best of the both worlds.
If it is a private school, resident or non resident fees dont matter. H4 is of no benefit in this case, file for F1 right away.
I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?
Thanks.
Hi, My wife was in similar situation and I can provide following advice:
If the school is public, then you need to stand benefit of resident tuition fees. However, keep an eye on the bigger picture, that is your career after the school. These days its difficuilt to get H1, although good MBAs should not have this problem. Some CA schools allow OPT and consider time on your H4 for OPT if you were a FULL TIME STUDENT on H4. But you can change status to F1 just before filing OPT (6 months or so) I.e. Be in H4 Status for 3 semesters and be full time student and change to F1 in 4th semester and right away file for OPT or CPT. You will need to work out the technical details of this. Hence you can take advantage of the best of the both worlds.
If it is a private school, resident or non resident fees dont matter. H4 is of no benefit in this case, file for F1 right away.
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shined129
07-08 08:58 AM
Yes paid through ssn and paid taxes
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sagar_nyc
04-28 05:39 PM
I am getting this error for last two days
"Multiple duplicate SRs already exist for the customer" i tried creating different account also . any thoughts???
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
"Multiple duplicate SRs already exist for the customer" i tried creating different account also . any thoughts???
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
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Paisano
05-01 08:58 PM
1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
more...
gcisadawg
02-13 11:42 AM
these things are like taking a duck to the pond ... for a Desi..
Yes, that's so true. But ensure, the duck is on a leash. otherwise it may never get back and make you wait at the shore forever....( Case in point, hard earned/saved money in stock market and unaffordable home.....waiting for ever for the recovery)
Yes, that's so true. But ensure, the duck is on a leash. otherwise it may never get back and make you wait at the shore forever....( Case in point, hard earned/saved money in stock market and unaffordable home.....waiting for ever for the recovery)
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satyasaich
11-18 05:03 PM
Should out of status H1Bs be locked up or deported... - Dice Discussions (http://community.dice.com/t5/Tech-Market-Conditions/Should-out-of-status-H1Bs-be-locked-up-or-deported/td-p/196283)
H1B Immigrants are fighting with each other on websites and here antis are discussing this
First of all, is your profile legitimate? It shows your PD as Dec'07 / EB3/India and you are in 485 processing??????
anyway, as long as some fools doesn't admit the facts and realize the changing world, all those forums / blogs / hatred etc; will be just a waste of their time. ofcourse they have been wasting watching stupid games in TVs / Stadiums instead could use 'that' time to gain some new skills / learn new technologies that are required to survive in the job market.
H1B Immigrants are fighting with each other on websites and here antis are discussing this
First of all, is your profile legitimate? It shows your PD as Dec'07 / EB3/India and you are in 485 processing??????
anyway, as long as some fools doesn't admit the facts and realize the changing world, all those forums / blogs / hatred etc; will be just a waste of their time. ofcourse they have been wasting watching stupid games in TVs / Stadiums instead could use 'that' time to gain some new skills / learn new technologies that are required to survive in the job market.
more...
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augustus
06-17 06:36 PM
Dear All,
1. Can someone please let me know what I should take with me when I meet the USCIS civil surgeon? Who gives the Form - I-693? My lawyer has not attached that form in her mails to me? Does the hospital provide or should I take one with me myself?
2. How is the procedure usually with the USCIS civil Surgeon? What does the surgeon do and how is the examination like?
Please help me understand this process better. I am aware of the vaccinations I should take but I am not aware of the procedure with the surgeons.
Thank you very much.
Best Regards,
Augustus
1. Can someone please let me know what I should take with me when I meet the USCIS civil surgeon? Who gives the Form - I-693? My lawyer has not attached that form in her mails to me? Does the hospital provide or should I take one with me myself?
2. How is the procedure usually with the USCIS civil Surgeon? What does the surgeon do and how is the examination like?
Please help me understand this process better. I am aware of the vaccinations I should take but I am not aware of the procedure with the surgeons.
Thank you very much.
Best Regards,
Augustus
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apb
10-01 02:39 PM
My friend had applied for GC through B (never worked, PD-2004/EB2, 140 approved and 485 more than 6 months) and he was continuing with company A on H1B.
Company A was laying him off. He tried to go to company B. But Company B was getting folded.
He went out and got a better offer from company C. He had two choice. Apply H1B transfer from A to C or use AC21.
He chose to use AC21 and started with C. Lawyer explained the situation with AC21 info to USCIS.
Now the best part. HE GOT GC last month.
Company A was laying him off. He tried to go to company B. But Company B was getting folded.
He went out and got a better offer from company C. He had two choice. Apply H1B transfer from A to C or use AC21.
He chose to use AC21 and started with C. Lawyer explained the situation with AC21 info to USCIS.
Now the best part. HE GOT GC last month.
more...
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vchip
08-23 09:50 AM
I have filed my I-485 before my marriage and I need to be on H1-B VISA to maintain my spouse's H4 Status.
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
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grupak
08-15 11:21 AM
I-9 form mentions temporary I-551 stamp on passport. The same stamp that can be used for travel (I think). So, there might be a way to work without the physical green card temporarily with the approval notice.
Any other input would be useful. If I find out more, I will post.
Any other input would be useful. If I find out more, I will post.
more...
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PHANI_TAVVALA
12-15 07:31 AM
You should be good if the University (UNVA?) is currently unaccredited and has a future chance of accreditation. USCIS might be more lenient for a SEVIS registered school and approved to operate in the state by the respective state education board. Consult an attorney for legal advise.
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dan19
02-14 05:23 PM
Have anybody stamped their H1 visa in UAE?
I heard a lot of people stamping in Canada and Mexico - but not any other countries.
Any issues going to other countries?
I heard a lot of people stamping in Canada and Mexico - but not any other countries.
Any issues going to other countries?
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meridiani.planum
09-14 02:35 AM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
Never heard of anyone with proper papers getting into trouble (ie. the H1 is for a valid job, and in your case (where you are returning to continue employment) you have recent paystubs etc.
There were some rumors about people working for some body-shopping companies getting into trouble because they did not know who the client was, and what work they would do.
Check with a lawyer for the second part of your question, though my understanding is that you can still request to be admitted based on the pending 485 filed on your spouses job. The only kink is if your H1 entrance is denied because they suspect fraud, then I dont know how it plays out on the AP/EAD.
flash.stoffer
08-06 05:37 PM
Thanks... ;)
I just used 10 mins or soo... :P
I just used 10 mins or soo... :P
kartikiran
06-18 01:01 PM
I see a lot of members being more passive.
What we would like to do is, if you an idea we are willing to listen. Before that, we would also like to share in this "Meet & Greet" event what IV has done so far and its accomplishments.
Lot of members proably look at IV as a forum where just threads are being created to discuss their problems.
But IV is not a just a web-site. IV has more out-reaching efforts to resolve the problem of backlog of employment-based green cards.
If you are from Long Island and you feel you would like to do something to resolve this immigration crisis, align yourself in this thread.
I hope more smaller "meet & greet" is the only way to lead ourselves to the "BIG RALLY" / "BIG INTIATIVE" what everyone wants. Without grassroots effort, a RALLY or any other BIG INITIATIVE is not going to happen.
We can only look at EADs for two years or Advance Parole cards come in package with the EAD without grassroot efforts. But if you want to bypass all these smaller incentives and look at the end result of getting your green cards, join your state chapters.
What we would like to do is, if you an idea we are willing to listen. Before that, we would also like to share in this "Meet & Greet" event what IV has done so far and its accomplishments.
Lot of members proably look at IV as a forum where just threads are being created to discuss their problems.
But IV is not a just a web-site. IV has more out-reaching efforts to resolve the problem of backlog of employment-based green cards.
If you are from Long Island and you feel you would like to do something to resolve this immigration crisis, align yourself in this thread.
I hope more smaller "meet & greet" is the only way to lead ourselves to the "BIG RALLY" / "BIG INTIATIVE" what everyone wants. Without grassroots effort, a RALLY or any other BIG INITIATIVE is not going to happen.
We can only look at EADs for two years or Advance Parole cards come in package with the EAD without grassroot efforts. But if you want to bypass all these smaller incentives and look at the end result of getting your green cards, join your state chapters.
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