hazishak
07-31 11:26 PM
My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
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GotGC??
01-02 12:32 PM
Also, a rise in interest rate if followed by a subsequent decrease in the LIBOR will increase that chance. Provided the Thai Baht remains stable, and another Earthquake does not strike Taiwan.
:)
The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.
:)
The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.
kumarc123
06-14 08:23 AM
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
First of all it is illegal for them to haord any type of money.
Secondly if you don't have a green card process through them, or you do and you have your second step cleared and it has been more tan 180 days. You can the find a different employer and transfer, if your present employer tries to act smart, tell him you will call the labor department and inform about illegal practices in the company. Or best say, you will call senator Dubin's office.
Gone are the days when Desi employers can treat consultants like crap, they are jsut blood suckers.
Good Luck
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
First of all it is illegal for them to haord any type of money.
Secondly if you don't have a green card process through them, or you do and you have your second step cleared and it has been more tan 180 days. You can the find a different employer and transfer, if your present employer tries to act smart, tell him you will call the labor department and inform about illegal practices in the company. Or best say, you will call senator Dubin's office.
Gone are the days when Desi employers can treat consultants like crap, they are jsut blood suckers.
Good Luck
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ski_dude12
05-04 02:51 PM
So is it safe to assume that the extended H1B will not get invalidated even though the basis of extension was approved I-140 + pending I-485 and later the I-485 got denied.
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
more...
fatjoe
08-25 07:49 PM
How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.
PD - July 2004-EB2
I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
Attended interview at the local uscis on June 25th, 2009
Spouse alone second FP on July 5th , 2009
I
Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.
PD - July 2004-EB2
I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
Attended interview at the local uscis on June 25th, 2009
Spouse alone second FP on July 5th , 2009
I
SL%%
08-26 12:12 AM
Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.
fatjoe,
I think some doesn't really have any info due to access level (maybe) but I am certain that I read somewhere here where member(s) of this forum were able to get that information. They just said you have to keep on trying, at least that's what they did.
fatjoe,
I think some doesn't really have any info due to access level (maybe) but I am certain that I read somewhere here where member(s) of this forum were able to get that information. They just said you have to keep on trying, at least that's what they did.
more...
brandon
July 18th, 2004, 03:29 AM
I joined dphoto because I wanted to get more use out of my digital camera. I figure that if I can learn to take better pictures, then I will have more fun.
I searched through my favorite pictures and selected these for my first gallery pics. What do you think?
http://www.dphoto.us/forumphotos/data/781/1003Plumeria127-med.JPG
http://www.dphoto.us/forumphotos/data/781/1003Rainbow22-med.JPG
I searched through my favorite pictures and selected these for my first gallery pics. What do you think?
http://www.dphoto.us/forumphotos/data/781/1003Plumeria127-med.JPG
http://www.dphoto.us/forumphotos/data/781/1003Rainbow22-med.JPG
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viva
01-28 08:42 PM
Hi Viva, Instead of using the bank account I used teh paypal from IV homepage. Made a $20 contribution from my paypal account. Please PM me if you need the receipt number or any another information.Thnaks.
Great- It sounds like at least one person joined.....Any more takers of this pledge?>
Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?
Let's do this one member at a time......
Great- It sounds like at least one person joined.....Any more takers of this pledge?>
Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?
Let's do this one member at a time......
more...
desi485
07-27 12:04 PM
I forgot it initially and later realized that. fortunately my lawyer was still reviewing my papers (almost 4 weeks). so I sent him new copies. He included new copies and discarded old one. .Also some one told me that it should match what you specified in DS-156 at the time of visa interview. IS THIS TRUE?
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theMan
11-10 01:32 PM
I am planning on changing to another company but I dont have the labor certification details. All I know is, it is Software Engineer and have salary details and some basic job requirements. My I-140 is approved. If I move to another company on EAD, and if I get an RFE, how can I provide the details of same/similar employment?
Thank you,
Per my lawyer, you can file FOIA, although it could take time. As long as you are moving to "similar" field, you should be fine.
Thank you,
Per my lawyer, you can file FOIA, although it could take time. As long as you are moving to "similar" field, you should be fine.
more...
Cheran
02-26 10:00 AM
I am not sure, whether she can continue her studies on F1 without getting stamped. There are conflicting reports all over the web. I have 2 family members who are students and they are in H4. Both wanted to convert to F1 but they were informed that they should get it stamped. I think you get SSN and all those fun stuff in F1 which you don't in H4. Do analyze before you act.
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StuckInTheMuck
04-29 05:39 PM
Following up on my original post, NRIs flying in to India from swine flu-affected countries are not only being screened at the airports, teams of doctors are even going to their homes (http://timesofindia.indiatimes.com/Swine-flu-reaches-India/articleshow/4465683.cms) to do additional check-ups. Now, that is impressive!
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srikondoji
08-07 04:41 PM
Location: MA
Job: Software Engineer-Developer
Okay that is so vague. Wages depend on the location of job, type of job, etc.
Job: Software Engineer-Developer
Okay that is so vague. Wages depend on the location of job, type of job, etc.
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diptam
04-11 11:16 PM
I've a terrible situation now:
My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.
However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.
What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.
Thanks much!
My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.
However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.
What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.
Thanks much!
more...
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tictac
09-09 03:13 PM
wow ! this is a strong case, after 6 month is over, you can easily file lawsuit on him, consequences can be real harsh on him, he can barred from filing any more h1s, greencard, maylose business license and thousand of dollars for stress and blackmailing ! hey speak to your lawyer after AC21 kicks in !
I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.
also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.
I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.
also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.
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belmontboy
10-06 08:47 PM
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
what laws are you looking for?
AFAIK, there are no restrictions on H1B holder trading a/c. They enjoy same privileges as everybody else.
Uncle sam doesnot care as long as you pay the taxes on ur profits.
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
what laws are you looking for?
AFAIK, there are no restrictions on H1B holder trading a/c. They enjoy same privileges as everybody else.
Uncle sam doesnot care as long as you pay the taxes on ur profits.
more...
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marcus12
01-26 05:17 PM
Hello Guys help me out
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
I have been in USA from last 3 years on student visa. I was first in 1 university and finished my Masters there and than moved to other university for 2nd master
Between the gap of transferring the school I started a small business online which went off good and is still going on. the beauty of business is that its everything online so it does not matter if I stay in USA or not.
Real problem is here: I just got engaged and getting married in June. So my wish is to bring my wife here for few months, show her around and than go back permanently.
University in which I am doing 2nd MS is not accredited and giving me hard time by saying that they will drop me off if I dont concentrate. Now I cannot go to school and attend classes because I have to handle the business.
Now I am thinking of leaving USA in April and leave the school too from between. These will give the end to student visa and the fees which I am paying every semester. Than I am thinking to apply back as a visitor visa in August which I will get for 10 years.
I dont want to stay here in USA just want to come from time to time as I like it here. My question is should I continue school and bring my wife on dependent visa or should I leave the school and apply for tourist visa again?
I see more changes in 2nd one because consulate can also understand that I didnt wanted to stay in USA even when my student visa was valid so why I will overstay on Tourist visa. Also I have good balance and good properties In India by my name. I am the only son to my parents
So I dont see any reason to get rejected?. But please give your suggestion
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vxg
09-17 11:48 PM
Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?
2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.
Per my lawyer stamp is risky as it can be forged. carry your GC approval notice with you if you have it else have it fedex to you. Carry an advance parole if you have one valid. I suggest travel only if emergency else avoid.
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gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
shana04
01-09 12:00 AM
We have a company lawyer. Only thing I have is 485 receipts, FP notice, EAD and AP.
Nothing has been shared with us till I-140 approval.
Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.
I still doubt that USCIS will expect me to have these documents.
Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?
I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???
One way to find out is, when you filled in your labor application (before PERM). Your attorney, just before filing for labor should have send you some papers to sign and fax it or mail it through post.
There either you or your attorney shold have filled in job descriptions and job details (this should be the latest experience you had before filing the labor).
One more way to find out, while filling in your I 140 petition if your attorney has send you documents to verify. Then you would find Job title specified in there.
After you filed for labor and and if you have specified your address in labor, then a copy of certified labor goes to that address ( I have received one, it said a copy of the certified labor has been CC'd to Employer and attorney)
To my knowledge that would be your best bet to find out job description and job title with out having labor cert in hand as I 140 approval does not say any thing.
Good luck.
Nothing has been shared with us till I-140 approval.
Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.
I still doubt that USCIS will expect me to have these documents.
Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?
I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???
One way to find out is, when you filled in your labor application (before PERM). Your attorney, just before filing for labor should have send you some papers to sign and fax it or mail it through post.
There either you or your attorney shold have filled in job descriptions and job details (this should be the latest experience you had before filing the labor).
One more way to find out, while filling in your I 140 petition if your attorney has send you documents to verify. Then you would find Job title specified in there.
After you filed for labor and and if you have specified your address in labor, then a copy of certified labor goes to that address ( I have received one, it said a copy of the certified labor has been CC'd to Employer and attorney)
To my knowledge that would be your best bet to find out job description and job title with out having labor cert in hand as I 140 approval does not say any thing.
Good luck.
msyedy
02-05 08:36 PM
1) I agree with all who are asking you to quit and get your H1-B transfered, but my concern is whether your H1-B is still valid or not as your I-140 has been revoked or is still in consideration.
You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.
2) Time taken for an H1-B approval varies, it all depends on your fate.
I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.
3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.
These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.
You can search for a company and file for a transfer and can still stay with this company till you get an answer. You can hold multiple H1-B's at the same time.
2) Time taken for an H1-B approval varies, it all depends on your fate.
I would suggest that you give $1000 and get it premium and you would get an answer in two weeks.
3) Yes you can file Labor and I-140 again with the new employer before 2009 and can take extensions.
These are my suggestions, it would be better that you consult a good lawyer to be contended as the lawyer would be dealing with cases more like these then we.
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