Friday, 1 July 2011

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  • vselvam
    12-04 01:30 PM
    July�07 filer - H1-B renewal after filing I-485 (12th Year)

    Can I renew H1-B (12th year) after filed 485. Don�t want to use EAD in order to maintain my wife�s H4.

    The AC21 document covers before I-485 filing stage. But not covering after 485 filed and retrogressed situation.
    ----------------------
    (4) Exemptions to Limitations of Stay. The limitation on the total period of stay does not apply to H-1B aliens when, as of the date of filing the extension request:
    365 or more days have passed since the filing of any application for labor certification, Forms ETA-750 or ETA-9089, that is required or used by the alien to obtain status as an EB immigrant; and the labor certification, if approved, has not been revoked, is unexpired or has been timely filed with an EB petition within the labor certification�s validity period; or

    365 or more days have passed since the filing of an EB immigrant petition that is still pending; or

    The alien is the beneficiary of an approved EB immigration petition and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.
    -------------------------------------

    I have filed my I-485 during July 2007 as like many others. My PD is March 2004
    Got married after the filing and still maintaining my H1 and brought my wife on H4.

    I need to renew my H1 as it is getting expired in April. Not able to use EAD as need to maintain my wife�s H4.

    This is my 12th year H1 renewal.

    6 year 2005
    1 year 2006
    1 year 2007
    3 year 2010


    Question - Is H1-B extension rule applicable only for I140 approval/(labor 365 days) or is it allowed even after filing 485? And is it allowed after 11 years for additional 3 years?


    Thanks
    Venkat Muthusamy




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  • thementor
    04-14 11:54 AM
    Are you working for your new employer now? (I assume not).
    Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...

    But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....

    pal :)

    Pal,

    Thanks for your reply!
    I'm not working for my new employer.
    New employer is consultancy, and currently I'm on project which will go till next year. So no issues with the client.




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  • CHHAYA
    09-27 07:36 AM
    My Father is applying for Citizenship in Nov 10. If he becomes Citizen then can I file I485 under F3(married sons and daughters of citizen parents). Category and port priority date of May 03 from my employment base I-485 to I-485 under F3?




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  • maco
    07-31 04:10 PM
    Receipt Number: lin0720551216

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    i saw this in one of the other forums



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  • seemashah
    02-21 05:29 PM
    usually a CPA can give an audited report ...or the bank auditors can
    Is the company a Corp, LLC or sole prop?
    >>The company is a Corporation. Can any CPA give an audit report... can you be more elaborative about the process of getting audited report... like what are we supposed to provide the CPA to get the audit report...




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  • we_r_d_world
    09-18 02:45 PM
    I know people work for county on EAD, but can one be employed by the US government on EAD?

    I work for State government on EAD. My agency's HR didnot/does not have any knowledge, had to involve local Immigration lawyers and State immigration lawyers to educate them. I have to be forthcoming and provide/sign new I-9's whenever my EAD is renewed.
    HTH
    we_r_d_world



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  • jasmin45
    08-09 02:52 PM
    Those people who are all stuck in Labor certification.

    1. What are the options going forward if our labors are not certified?.
    2. What are the chances that BEC people are not able to meet their deadline (sep 30) in clearing LC?
    3. Is there a justice and truth in life? Or everything depends only on time and luck?.
    4. What if some of us get laid off.........our path ends?.
    5. Is there something GOOD waiting for all of us?.

    Waiting .......waiting...........waiting................wa iting sucks!.

    Dude! Several threads exist for BEC issues, why don't you post your question on one of those. It will be inconvenient for existing and new members who are looking for suggestions/ideas on issues to go over duplicate threads for same information. Please search the forum before you open a new thread.




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  • martinvisalaw
    07-29 02:51 PM
    hello, I am in a F1 status for about 3 years, I have been working and filing taxes. I am going to get married to a USC and apply for a green card through it. I want to know if I can have any problem in the aplication since I've been working without authorization.

    Once you entered legally you should be able to get permanent residence even if you worked without authorization. Please see this blog post: Law Office of Elaine Martin - immigration news: My spouse is "illegal" - what can we do? (http://martinvisalaw.blogspot.com/2009/03/my-spouse-is-illegal-what-can-we-do.html).

    Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed.

    Another common querstion so I blogged about this also: Law Office of Elaine Martin - immigration news: affidavit of support (http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support)

    Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.

    This is not an immigration question. You should check with a family or bankruptcy lawyer in Florida.



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  • ras
    09-05 09:12 PM
    http://www.eenadu.net/story.asp?qry1=7&reccount=24

    Washington Telugu assn website

    http://www.gwtcs.net/


    There is a new committe being elected for Greater Telugu Association of Washington. They will be of definite help to IV members during their rally on Sept 18. Can the IV representatives get in touch with these guys.

    Some of the contact info



    PRESIDENT(President)
    Mahesh Gorle
    703.793.0191
    mgorle2002@yahoo.com

    VICE PRESIDENT(organizational)
    Trilok Kantheti
    703.585.3565
    trilok2000@yahoo.com

    VICE PRESIDENT(Cultural)
    Venugopal Reddy Janga
    703.994.4175
    mail2janga@yahoo.com

    VICE PRESIDENT(Youth)
    Aditya Modepalli
    (408) 406 8057
    aditya2439_2000@yahoo.co.uk


    SECRETARY(SECRETARY)
    Satya Surapaneni

    satyasurap@hotmail.com
    SECRETARY(Joint Secretary)
    RamaKishore Chennupati

    ramachennupati@yahoo.com
    SECRETARY(CULTURAL)
    Manga Anantatmula

    manantatmula@gmail.com

    BOARD OF DIRECTORS(BOARD OF DIRECTORS)
    Sastry Yanamandra
    301.279.9604

    BOARD OF DIRECTORS(Board of Directors)
    Satish Vemana
    703.222.1111
    satish@gwtcs.org




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  • Ramba
    10-27 05:11 PM
    Hi,

    I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD

    1. Is it Mandatory to file AC21? No

    2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects? "contract". You are doomed. GC is for "permanant full time" offer. So, new job based on AC21 should also be "permanant full time". If USCIS knows that you are working on a cotracr for a short term; wait for 485 denial notice.

    3. Can I work on 1099? 1099 is a self-employed catagory. You can still use AC21, and self employed. Refer USCIS memos regarding AC21 and self employment.
    Thanks in Advance....



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  • willIWill
    12-10 03:29 PM
    Visa Bulletin for January 2010 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html)




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  • eb3_nepa
    02-25 07:47 PM
    Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485

    Can you post any supporting documentation for this?

    Thanks



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  • jayb1
    07-02 10:51 PM
    My attorney is encouraging me to take part in the proposed AILF Class Action Lawsuit against the Government by submitting I-485 to USCIS knowing that its going to be rejected. Anyone decided on this? What are the pros and cons? If there is a favorable outcome, I-485 may be accepted at that time (months? / years?). But here is my big concern: if I am a part of that lawsuit, my 485 may be considerably delayed (my PD is Feb 2005) ! I am aware that IV is encouraging lawsuit too. Any comments?




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  • stephsh
    01-20 08:32 AM
    I solved it :)



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  • webm
    02-25 09:16 PM
    Can someone travel with AP with an expired passport? Thank you.


    You always need to have valid PP during travel (esp when travelling overseas,POE)....Not a expired one...




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  • thomachan72
    01-18 01:14 PM
    I rarely post/quote other forum threads here...this is an exception. I think it's a good post/comment from miceelf ( msg 34) on Ron's site:

    Please forgive me if it's offending to anyone:
    February Visa Bulletin (http://www.immigration-information.com/forums/visa-quota-and-cutoff-date-issues-66/february-visa-bulletin-13129/index4.html#post54691)

    Not sure about that...



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  • h1techSlave
    10-13 09:11 AM
    I too received a similar notice. My employer replied by submitting proof of the paid checks. Meanwhile, I received my receipt notice that shows $395 received. I have also received the FP notice and the same was completed yesterday. Customer service was not of much help.

    Thanks a lot cnag.

    I have completed my finger printing a week back. My 485 receipt says the amount as $395. So the $70 is already included in the $395?

    I think I will also get my lawyers to reply to USCIS with the proof of encashed cheque.




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  • ss1026
    05-06 10:11 AM
    This is a small immigration firm with one attorney but he is very knowledge and detailed . He goes by the book and provides copies of every document that he submits which I personally find very useful. A lot of my friends never get a copy of their applications so I wanted to point this out.

    He does not appreciate too many phone calls and is not very patient but I feel he knows what he is doing. His support staff is very helpful.




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  • mbartosik
    01-28 08:11 PM
    URGENT ACTION ITEM
    I've asked this of narrower groups, and no luck so far.
    Tomorrow, Tuesday is the last day for this, Wednesday at the outside.
    If you are in MI and have an immigration attorney in MI then call him/her ASAP. Ask if they know any motor company or big corporate executives here on visas. If they do we would like one to testify on Thursday. If not testify then at least add name to a list of executives.

    Alternatively, if anyone in big motor company knows of foreign executive, either email me contact details, or ask them yourself, if I ask there is no come back on you. For just create a list of foreign executives and give to me with their job titles, and even phone numbers.

    We have a plan and we have a chance of getting bill 962 revised.

    My contact: mark at immigrationvoice.org
    my phone 631 233 6830

    DO NOT post details here!




    gaz
    12-14 04:34 PM
    I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.

    wow! thank you - this is really helpful.

    My spouse is still on h1b and we will definitely try for this. Do you think the extension would be affected by the priority date (higher chances of approval if severely retrogressed) - or if theres something like a memo/ruling/logic for the approval, or is it just random chance?

    Also in case the motion is declined, does it lead to a future (negative) impact on either a fresh h1b filing, or green card application or such?

    Thank you!




    same_old_guy
    03-19 05:39 PM
    If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.

    Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.

    Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.

    If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.

    If you are here more that 180 days, you are in serious trouble.

    In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.



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  • baburob2
    09-29 07:53 PM
    no you don't have to worry. however when you travel and come back in, it is needed. i believe it might be needed when you try to apply for a visa(extension/change of status etc) in US.




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  • onemorecame
    06-28 12:28 PM
    Thanks for all the info and i have alreadu sent this question to my attorney and didnot hear anything so far.
    --sri

    Sri,
    Please let us know what yo got from your attorney i am also in same situation




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  • Blog Feeds
    12-18 03:40 PM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.



    More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)




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  • vikramy
    06-10 02:58 PM
    Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.

    Hi Vikram -

    Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.

    There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.

    Good Luck.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • mukuraj
    05-23 01:31 PM
    I filed I-485 in July 2007 through my employer (EB3 with Priority date - 02/2004) and my wife filed her I-485 adjustment of status at the same time. We don't have our H-1 visas anymore and using EAD & AP for employment and travel.

    We want to adopt a child in India as Inter-country adoption (as a Indian resident). For this, my wife have to travel to India and stay with the child for two years from the date of guardianship.

    As there is no Green Card in sight for EB-3:

    1. If she stays in India for two years, will it affect her I-485 application? If yes, how can we avoid that - like travel back to US once in a while etc.

    2. As per US Immigration law, the parent(s) has to stay with the adoptive child for two years. Assuming that my wife stays with the child for 2 years in India, will the child get a visa so that we can bring the child to US? or do we need to file a I-485 for the child? What happens if my GC is approved within that 2 year period? Can we still bring the child to US? On what type of visa/status?

    Appreciate any help in this regard.




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  • sbmallik
    06-30 04:52 PM
    You did a good job by traveling out of the country and obtained a new I-94 based on the existing L-1 so that the H-1 status didn't kicked in. Yes, your L-1 can be extended for now as you still maintained L-1 status. Later if you decide to file an H-1 the best thing would be a change of status (L-1 to H-1) application.



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  • jcrajput
    10-19 08:27 AM
    I have I-140 approved and also based on I-140, I have 3 years H1B approved which expires in 2010.
    My I-485 was rejected and I have re-submitted which is obviously pending and not further news on that (refiled on 10/10/07 at CSC)

    I have following questions:

    1. If I want to travel to INDIA for 6-8 weeks, Is there any problem?
    2. Can I get H1B VSIA stampled at BOMBAY?
    3. Do I need any other document except H1B approval notice & I-140 approval notice?
    4. Do I need to mention about I-485 been filed?

    Please help. Thank you in advance.




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  • chintu25
    12-13 03:16 PM
    :cool:bump



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  • cbpds
    09-01 07:34 PM
    what are u acheiving out of this poll???? get back to work !!




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  • eb3retro
    09-25 09:43 AM
    Today i received my EAD card, It says fingerprint not available. I have not yet received FP notice

    Has this happened to anybody else, will i have to update EAD card after FP, how does this work

    Filed on July 16th, My checks were cashed on 10th Sep

    Thanks
    vinod


    how much time it took between the email (card prod ordered)and you receiving the actual card?



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  • uscisc
    09-10 08:00 PM
    I am not exactly in this scenario.

    In my case I moved to a different company that already revalidated my H1B before moving to the new company.

    So when they old company H1B is revoked, I say an LUD on the new company H1B. But there is no EVL RFE. And there is no soft LUD also on my I-485.




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  • pappu
    03-10 01:19 PM
    Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
    Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)

    It is really funny. I guess no amount of me explaining about soft LUD would help. People will still track them and waste their time.



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  • raysaikat
    10-04 11:13 AM
    Hello,
    I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.

    Thanks

    Pradeep.

    There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.

    ==============
    �(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
    ==============




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  • FredG
    April 8th, 2004, 08:53 AM
    good idea!

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  • HRPRO
    01-24 03:59 PM
    If the LCA was filed on 1/18, it should be approved by 1/25 (Now-a-days it takes a week). Have your attorneys expedite the process once they get it and file it before your last day. You should be good.

    If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)




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  • roshnichowdhry
    10-04 09:41 PM
    For first time H1B stamping, do we have to get it done in our Home country (India in my case)? Or can we get it done in Canada or Mexico?

    I am currently on my OPT and have applied for my H1B visa. Your input will be appreciated!

    Thanks
    Roshni



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  • Jiruharudo
    04-17 09:40 AM
    ..I'd wish I had bacon. o-o




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  • dassumi
    03-02 04:54 PM
    I will be remoting in from a different state. My employer would not file a new labor condition application which is required.

    That makes sense. From your company's perspective (book keeping), this is like a new hire right? I don't see an issue at all with using your EAD (invoking AC21). One thing you may want to check is if being on contract vs. full time has any detrimental effect on the G.C. application. I personally dont think that there will be, as many of us are on contract with an employer

    I would consult an attorney, let me know if you need one and I can get you in touch with mine.




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  • B3NKobe
    04-08 02:11 AM
    Sweeeeet! Man thats nice!! Kirupa changed the template on his sticky thread, you should change your content onto the new stamp template, itl look nicer with out that cedy old grey background behind it...:D:D




    Munna Bhai
    01-25 08:21 AM
    NOPE:(
    min GC required:eek:


    Is it possible that someone else will sign an NDA and you work on small modules at the background !!




    loudobbs
    08-02 04:38 PM
    Hi Folks
    My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.

    Its been 2 months now and I am getting worried.
    Anyone who has been in similar circumstances or familiar with this situation pl help.



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  • apimvoice
    07-17 05:25 PM
    Hi,My I-140 was approved on 07/02/2008.I recieved an email update and online status also showing Approval notice sent.This monday my attroney send me a copy of Approval notice.
    Receipt Date :01/07/2008
    Notice Date :01/09/2008
    Approval Date:07/02/2008
    Center :TSC
    Category :EB2.
    PD :Dec'2006.
    No concurrent filing.
    Waiting to file I-485.

    Thanks
    Rajesh




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  • ZeroComplexity
    03-13 03:11 PM
    IV members should take the moral high ground refrain from making frivolous calls to USCIS, so that genuine issues get addressed quickly by USCIS.

    You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.




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  • krishgaay
    07-28 11:08 PM
    Hi,

    I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.

    My questions are as follows:
    1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.

    2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.

    3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.

    4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.

    Any advice on her options is appreciated.

    Thanks,
    Krishna




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  • ivgclive
    12-14 01:32 PM
    Will the retrogression in Family Based have any consequences for the Employment based immigration?

    Most of the EB3 are living in the hope of filing family based green card when their kids turn 18, which will be in another 7 to 10 years.



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  • raydon
    06-25 08:15 PM
    Our visa stamp (H1B/H4) are expired in our passports. We are planning to travel via 'Frankfurt (FRA), Germany' to Mumbai in Lufthansa airlines and we will get our passport stamped in Mumbai. Does anyone have experience travelling via 'Frankfurt (FRA), Germany' without visa stamp in passport?
    I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
    Please let me know.
    FYI..We have our EAD and I-485 is pending with approved I-140.

    Thanks for your help.
    Jignesh

    You should not have any issues travelling via Frankfurt to India with an expired visa stamp. I've travelled as recently as last month with an expired visa stamp.Returning to the US with a visa stamp or using advanced parole should be fine.




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  • pritesh80
    02-06 09:10 AM
    URGENT HELP

    Its a simple case. I read all the posts on this thread but I dont think I got an answer I want. Here is my dilemma -

    Scenario: I currently work for Company A. I interviewed with Company B and they are ready to file for my H1b transfer but they need me to join within the next 3 weeks. Today is Feb 6th 2008.

    Question1) Is there anything like a H1Btransfer or is it a brand new application??

    Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?

    Question3) When can I start working for Company B?

    Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?

    Thanks in advance for your response.



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  • komaragiri
    07-18 01:19 PM
    Wait for the I-485 Receipt Notice(Usually takes 30 days).




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  • Hello_Hello
    10-28 06:19 PM
    It is withholding...you have to give the tax sooner or later, what is your concern ? If your company is not allowing and are stupid enough to withhold money, have them withhold more money and take it back from the Fed. next year, what is the big deal ?

    I recently change employer on EAD in NJ and new employer is saying that I can't claim withholding allowance for dependents on EAD; I had no issue with my previous employer and was claiming 6 withholding allowances; I told them that my previous payroll processor was ADP and none of my friends on EAD had any issues claiming dependents; They are saying that this is new 2010 rule change and you need to have GC for it. I told them that all dependents have SSN and passes 182 days resident alien test rule..they are not agreed..Is it true? Please let me/send any links/information to prove it...



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  • BMWX5
    12-26 08:28 AM
    Hi
    I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.

    As I will not be on H1B and neither I have Green Card ?

    I talked to lot of people about using AC21, nobody is clear.
    Since you confirmly mentioned that you'll invoke AC21 next week, could you inform us as you proceed further in this process. Please remember you are helping the whole community.
    PS: Sorry I could not answer your question.




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  • amitga
    11-17 07:25 PM
    It totally electronic.



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  • mailtobalu
    06-30 04:56 PM
    Can I go for this change of status any time or do I need to wait for new H1B cap which will open in April every year?




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  • GC_1000Watt
    07-08 12:26 PM
    Priority Date: Jan 2006
    Category: EB3
    I-140 Approved: Aug 2006
    I-485 Filled: July 2007

    I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.

    Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?

    According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.

    Good luck!



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  • snathan
    02-28 11:34 PM
    I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

    Thank you very much.

    Its illegal and you can not attend only online course with F1 visa.




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  • jthomas
    04-08 04:09 PM
    I guess EAD is personal property not employer property. I had filled my I-485, EAD and AP and my employer does not even know it. On top of it i had completed 180 days and moving to another job.

    Are you in H1B or EAD. If in EAD you have to renew it yourself the employer has nothing on your EAD.



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  • ns521
    12-20 08:27 AM
    My wife changed her status from B2 to H1 in US.Her H1 was approved without any problems.Could that cause any probelms in the future when she applies for green card.What is the chance to get her H1 denied in the consulate if she travels abroad because she changed from visitor to work visa in US?
    Thanks




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  • newbie2020
    04-29 08:45 PM
    I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)


    Insight or Oversight all it really matters is the content, Do u care if it were a doc file instead of a PDF



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  • kirupa
    04-13 12:00 AM
    The reason this doesn't work is because WebClient works asynchronously. Your for loop runs to completion, spawning the appropriate WebClient instances independently without making sure the WebClient instance it spawned gets the data.

    My quick advice would be to use something recursive where the function gets called only when a WebClient's completed event fires. You can use a counter that increments before the function gets called to simulate the index value as well.

    Cheers,
    Kirupa :nat:




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  • martinvisalaw
    07-13 02:40 PM
    It's hard to answer your question without more details, such as your current status. Company B can definitely file a new H-1B for you. Your current status will dictate whether you "need" to tell them about the earlier filing. However, having a prior petition filed might not have any negative impact, so you probably don't need to be nervous about telling Co. B.




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  • frostrated
    08-05 03:07 PM
    Thanks frostrated. When I said CPT I actually meant STEM Extension (17 month). Anyways, if I don't find employment before my OPT expires, can I go to back to school without an issue? I think I should be okay but I just wanted to make sure. I would appreciate it if I got any input on this matter. I need to double check myself to make sure I'm on a legal status


    Yes, you can go back to school. But you also need to find out if you were in violation of your status. On OPT, you cannot stay without working for more than a set period of days.
    Though that is rarely enforced, it is good to keep in mind.
    You can get an OPT only once per degree level. So, if you got your OPT for a master's level program, you cannot get another OPT for a master's level degree. You can get one for the Phd though. So keep that in mind when you go back to school.




    aioros
    05-19 11:17 AM
    You could try to draw the C manually or use a pixel font that is better suited for the blocky look ;)

    or no C at all...
    hahahahahaha

    hmmm. i tried using pixel fonts but they get so small you can't even see the c anymore ... too small a space. when i zoom in in looks great, but that's not the point. LOL

    ;)




    vdesai_8
    10-15 11:26 AM
    Why is Tata giving such huge donations to schools in US that are already established?
    I would think he should have given donations to schools or colleges in India that really need it. Especially in remote villages where there are no schools or proper infrastructure.