yabadaba
07-13 02:23 PM
chandu check ur pm
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uma001
08-18 05:19 PM
Guys,
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
What Nayekal says is correct. Even though technically your wife is out of status but she may gey H1 to H4 transfer approved without paystubs. Now she has to file immediately for H11 to H4
d123
08-21 09:24 AM
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kaisersose
06-02 03:24 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
more...
priti8888
10-01 01:03 PM
This is how PD and RD work.
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
chris
02-11 11:44 PM
Still pending ..
Initially filed in Texas and transfered to Vermont .
Assigned to officer more that 60 days ago. :confused:
I've contacted the congressmen. There are 200 odd cases at NSC still lying unprocessed with earlier PD and RD (than mine) while the cutoff dates move forward for EB2-I. Are they going process all others before mine?
With this some lucky ones will get out and other unlucky ones will complain to the congressmen. Movements without clearing up the earlier cases will cause more problems.
Btw, Chris, what is your status?
Initially filed in Texas and transfered to Vermont .
Assigned to officer more that 60 days ago. :confused:
I've contacted the congressmen. There are 200 odd cases at NSC still lying unprocessed with earlier PD and RD (than mine) while the cutoff dates move forward for EB2-I. Are they going process all others before mine?
With this some lucky ones will get out and other unlucky ones will complain to the congressmen. Movements without clearing up the earlier cases will cause more problems.
Btw, Chris, what is your status?
more...
mchhokar
05-15 03:23 PM
Is it ok to file H1b while L1 is on appeal.. IS USCIS ok with this fact.. Filing the visas simultaneously under two categorie?
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waitingnwaiting
02-11 11:42 AM
What are IVs recommendations ??
It is a Donor only information.
It is a Donor only information.
more...
bhasky25
08-13 02:17 PM
The fee increase is only for companies which has more 50% of their employees on H1B visa. So counting 85K visa's for 4 years is not correct.
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go_gc_way
08-15 07:49 PM
If you are sick of the GC retrogression and Canada is not your cup of tea, UK is another option for you. You can calculate your points online to see if you are qualified for the UK Highly Skilled Migrant Programme (HSMP). It is always good to more than one option.
http://www.workpermit.com/uk/hsmp_calculator.htm
:cool:
Thanks for posting this information, I was looking for it.
http://www.workpermit.com/uk/hsmp_calculator.htm
:cool:
Thanks for posting this information, I was looking for it.
more...
ajju
10-13 05:57 PM
But ksircar, instead of accepting can't we raise red flags to USCIS?
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.
It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?
agree.. 90 days is too much.. esp when just dates need to be extended.. In the first place.. it should be non-expiring .. something like valid with I-485 Receipt... and then when accepting EAD employer can check the I-485 status that its still pending... and any change will send email to the employer about 485 current status...
But then my dear.. where's the money...
Gov: Show me the money?
USCIS: let sdo 1 year EAD/AP renewal... and we can sit for 90 days on it for generating this much money... and find cheapest ways of printing the card and mailing... If errors happen we might get more money :-)
Gov: why are you not moving dates and making more money?
USCIS: Okay we'll issue 2year EAD and accept more new apps...
and so on...
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nyckings
10-15 12:44 PM
My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
more...
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12-10 04:17 PM
Babson FastTrack MBA (http://cmweb.babson.edu/MBA/progrms/fasttrack.aspx) is a very good blended learning program if you are in the New England or Portland, OR area.
Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...
Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...
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alterego
04-11 04:59 PM
I would definitely be cautious about the plan you have mentioned. Here is the reason. You applied as an attending/practicing hospitalist through labor for a future job offer and you are moving into a trainee position. Should you be called for an interview or get a RFE at the AOS stage(not that uncommon nowadays), you would have to demonstrate how it is that doing an oncology fellowship better qualifies you to be a future hospitalist. That would be difficult. You could take a chance and get away but know that you will be taking one.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
more...
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maddipati1
12-03 03:24 PM
there are lot of threads abt this topic. search it.
read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
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permfiling
01-18 10:47 AM
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc
Talk to them if you have not started work, you might just have to pay the H1B fees
I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc
more...
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sobers
06-02 10:40 AM
you're absolutely right jkays94. FAIR, NumbersUSA (mentioned above) and CIS.org are all part of the John Tanton Network. (he also founded US English and other population-control organizations). The SPLC did a feature story on him some time ago. I posted the link to that in one of my earlier posts.
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Ann Ruben
05-13 11:56 AM
The US branch of your employer should consider filing an H-1B for you. The quota has not yet been used up for this fiscal year, and if it is approved, you would have the certainty that you could begin work in the US on October 1, 2009.
It is very possible that the appeal would not be decided before Oct. 1st, and the odds of the AAO reversing the denial are generally not good.
You might also want to consider whether you might be elligible for L-1A status.
It is very possible that the appeal would not be decided before Oct. 1st, and the odds of the AAO reversing the denial are generally not good.
You might also want to consider whether you might be elligible for L-1A status.
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vkrishn
08-12 03:37 PM
Why am i not surprised at USCIS ineffcieny. I made a similar enquory through my congresswoman and they got the response that my PD is Feb 2007 and there are no VISA's available where as my I40 approval notice and PERM laber certification approval shows as Feb 16th 2006.
Stopped by again at the congreswoman office with my I140 approval notice that shows my PD as Feb 16th 2006 (EB2).
Second instance where USCIS has some knuckle heads looking at cases is when i field a SR on July12th about my I485 to which i got a response that they cannot find my approved I140 in their system and told me to call back with the receipt number. Now when i call back they refused to take my receipt number as its not been 30 days of my SR and in order for them to take my receipt number they need to open another case and can do it only after 30 days.
Absolutely no accountability! I have mailed Ombudsman with all the replies i got from USCIS and hoping that my case is adjudicated properly.
Stopped by again at the congreswoman office with my I140 approval notice that shows my PD as Feb 16th 2006 (EB2).
Second instance where USCIS has some knuckle heads looking at cases is when i field a SR on July12th about my I485 to which i got a response that they cannot find my approved I140 in their system and told me to call back with the receipt number. Now when i call back they refused to take my receipt number as its not been 30 days of my SR and in order for them to take my receipt number they need to open another case and can do it only after 30 days.
Absolutely no accountability! I have mailed Ombudsman with all the replies i got from USCIS and hoping that my case is adjudicated properly.
Lill
03-02 03:59 AM
oi :D im gonna join too if i can.. when are the last day for submission? (or what its called in english XD hehe)
WillIBLucky
12-08 08:45 AM
Why is IV very silent today? Is it a good sign or something else? Or is everyone in front of Cspan?
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