gotgc?
11-19 01:07 PM
H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.
did you check with your attorney, if she absolutely has to do h4 renewal.
I understand that H4 Renewal is not really required; but if something happens to our AOS, then I will be on H1 and she willl be out of status and has to go out of country and come back on H4. Its always good to maintain both of our NIV status and also it helps to get 3 year DL renewal etc...
did you check with your attorney, if she absolutely has to do h4 renewal.
I understand that H4 Renewal is not really required; but if something happens to our AOS, then I will be on H1 and she willl be out of status and has to go out of country and come back on H4. Its always good to maintain both of our NIV status and also it helps to get 3 year DL renewal etc...
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wandmaker
12-17 01:49 PM
my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
a. You wait for MTR results and make a decision based on that
b. If you MTR is denied, you will have to start your GC process from scratch (labor -> 140 -> 485) because your 485 is automatically denied - so do not think of using EAD or avail AC21.
c. since you have an approved H1B till 2010, you can transfer it to new employer - ask the new employer to GC, and you will become eligible for further H1 extensions.
consult a lawyer immediately as yours is a tricky situation.
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
a. You wait for MTR results and make a decision based on that
b. If you MTR is denied, you will have to start your GC process from scratch (labor -> 140 -> 485) because your 485 is automatically denied - so do not think of using EAD or avail AC21.
c. since you have an approved H1B till 2010, you can transfer it to new employer - ask the new employer to GC, and you will become eligible for further H1 extensions.
consult a lawyer immediately as yours is a tricky situation.
vinabath
04-07 10:30 AM
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
I started calling my friends the same night that I got GC, but back in my mind I was still not sure and thought "whatif USCIS made a mistake" and thought may be I should wait until I get the card.
I have spent coupla nights searching forums what kind of email people get when GC approved. I found most get Approval Email and Card production. I got only one email. I am still not able to believe I got GC. It was like a distant dream few weeks ago.
Thanks
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
I started calling my friends the same night that I got GC, but back in my mind I was still not sure and thought "whatif USCIS made a mistake" and thought may be I should wait until I get the card.
I have spent coupla nights searching forums what kind of email people get when GC approved. I found most get Approval Email and Card production. I got only one email. I am still not able to believe I got GC. It was like a distant dream few weeks ago.
Thanks
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sintax321
04-29 04:31 AM
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samswas
04-21 08:30 AM
Thank you. I will give it a try.
so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.
We can even say yes she had it but lost it over there so i mail her the document. right?
I traveled on AP in 2009 in Lufthansa airlines from Chicago and the airlines asked me about the plan of reentry as I had no VISA in passport before issuing boarding pass. I had to show it to them. I'm not sure, what happens if you say you don't have it with you.
If I'm in your situation, I would rather postpone the trip for few days.
so my question is, AP is needs be to on hand and how do they know that she has it on hand since it was approved and sent on Apr 8th according to the email.
We can even say yes she had it but lost it over there so i mail her the document. right?
I traveled on AP in 2009 in Lufthansa airlines from Chicago and the airlines asked me about the plan of reentry as I had no VISA in passport before issuing boarding pass. I had to show it to them. I'm not sure, what happens if you say you don't have it with you.
If I'm in your situation, I would rather postpone the trip for few days.
Narend
10-27 09:17 AM
Hello,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
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Libra
08-10 07:26 AM
well said 53885. When ever i ask people to contribute they are saying am being ridiculous, god help them.
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vishwak
08-18 12:20 PM
I am also having same situation as 'TamilSelven's wife. But my H1 visa was expired in Sept 2009 and I didn't work on that. I am on H4 for now and got one offer from another employer.
So my queries are :
- will I get H1 again under COS?
- If yes, how much time will it take to get H1 again?
- Does this process will be like a new H1?
- how much will it cost to my employer with attorney fees?
Thank you.
Meet
Yes You can get new H1B.
Time Depends on type of processing.....premium you should get within 2 weeks.
H1B extension or Transfer or New one....whatever its all the same process. But called differently.
Now H1B fees got hike.....may be around 5K I believe.
Check for USCIS fee for I-129 on USCIS Home Page (http://www.uscis.gov) and add Education Evaluation, Attorney Fee, Fedex charges etc.
Please ask your Employer for break up if you are paying for it.
So my queries are :
- will I get H1 again under COS?
- If yes, how much time will it take to get H1 again?
- Does this process will be like a new H1?
- how much will it cost to my employer with attorney fees?
Thank you.
Meet
Yes You can get new H1B.
Time Depends on type of processing.....premium you should get within 2 weeks.
H1B extension or Transfer or New one....whatever its all the same process. But called differently.
Now H1B fees got hike.....may be around 5K I believe.
Check for USCIS fee for I-129 on USCIS Home Page (http://www.uscis.gov) and add Education Evaluation, Attorney Fee, Fedex charges etc.
Please ask your Employer for break up if you are paying for it.
more...
LondonTown
01-08 01:02 PM
I had my interview on the 30th and my passport has not been delivered yet. The VFS website says that the passport has not been handed over to them as of today. I was not given any 221g slip/form and the VO told me that i should be getting my PP in 5 days, it's been a week now and VFS hasn't got the PP yet. Is there something i should be worried about? I have my return ticket booked for next weekend and i am getting a bit nervous about the whole scenario. Does anyone know if there is any other way to get in touch with the New Delhi consulate?
Thanks.
We were exactly in the same situation few months ago. We were told that our visas have been issued and we will get our passports within 5-7 days (no 221g at the time of the interview). After 5 days when we contacted VFS they said wait upto 7 business days. I waited and then they gave me the number of the embassy. When we contacted embassy they said that an email has been sent to me asking more documents but we did not get any emails. We asked them to resend and after 3 days of our request we got their email with a soft copy of 221g(green).
We wish that similar thing may not happen with anyone as we know the tension of going thru it.
I would suggest that you call Embassy instead of calling VFS to get the real status. VFS will just tell if they got the passport or not. They can not tell you the reason.
Good Luck.
Thanks.
We were exactly in the same situation few months ago. We were told that our visas have been issued and we will get our passports within 5-7 days (no 221g at the time of the interview). After 5 days when we contacted VFS they said wait upto 7 business days. I waited and then they gave me the number of the embassy. When we contacted embassy they said that an email has been sent to me asking more documents but we did not get any emails. We asked them to resend and after 3 days of our request we got their email with a soft copy of 221g(green).
We wish that similar thing may not happen with anyone as we know the tension of going thru it.
I would suggest that you call Embassy instead of calling VFS to get the real status. VFS will just tell if they got the passport or not. They can not tell you the reason.
Good Luck.
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vallabhu
06-11 03:55 PM
But it is clear as per bullet point given and Adjudicators processing the file may not understand the language they can just say only people ending 6th year are eligible and deny PP on 7th and 8th years applications.
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peer123
07-18 07:57 PM
and researched by Pappu himself. Check the archives in the last 30 days.
bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.
Thanks for your input... any other thoughts on this topic
bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.
Thanks for your input... any other thoughts on this topic
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ChainReaction
06-14 02:55 PM
If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?
I also have the same question can someone comment on this
thanks !!
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I also have the same question can someone comment on this
thanks !!
Bumming up /\ /\ /\
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chandrajp
06-19 01:18 PM
The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
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zephyrr
07-26 12:40 PM
didn't know he is chair of the india caucus..
i'm in dfw, have written to cornyn and kay bailey (congresswoman) several times.
cornyn is part of the reason cir failed, he represents the very conservative republicans first (and came up with hundreds of amendments to cause a kinda of filibuster) and foremost and skil and other bills come second. skil failed again when it was brought up recently in the senate... so cornyn is pro legal immigration overall - might help with procedural issues, but i don't expect too much from him because he comes from a very conservative state.
i'm in dfw, have written to cornyn and kay bailey (congresswoman) several times.
cornyn is part of the reason cir failed, he represents the very conservative republicans first (and came up with hundreds of amendments to cause a kinda of filibuster) and foremost and skil and other bills come second. skil failed again when it was brought up recently in the senate... so cornyn is pro legal immigration overall - might help with procedural issues, but i don't expect too much from him because he comes from a very conservative state.
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nobody
04-28 06:54 AM
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GC_Wait2002
07-14 12:43 PM
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getta05
03-27 05:38 PM
i have not applied for a GC as yet.
I want to buy a franchise and start my own business.
later on I want to apply for my GC.
I want to buy a franchise and start my own business.
later on I want to apply for my GC.
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vxb2004
07-23 06:50 PM
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.
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sircaustic
07-17 12:09 AM
Thank you Ganguteli and Elaine for your responses.
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
It appears there was a problem with the website status update. Today my attorney received a letter that my MTR has been approved. I guess my I-485 is back on track now.
Thank you once again for your replies.
bipin
03-17 05:53 PM
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1 & I140 application. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. I’m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
meridiani.planum
08-09 05:45 PM
Just A thought.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
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