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10-30 11:39 AM
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Ramba
09-16 01:20 PM
The GC is based on good faith intention to have a permanent long term employer-employee relationship between sponsor and beneficiary. There is no prescribed time period to define �permanent� or �long term� in any law book. Each lawyer has their own interpretation. As most of the GC is thro sponsors, the sponsors has more power. If sponsor can able to successfully demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship, used employer just to get GC, then it may be a problem that leads to revocation of GC too. This is mostly possible in future employment category peoples. If any one worked for long term with sponsor before (or after) getting GC, then it is difficult for sponsor to demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship. Further, as AC21 gives 180 days as a time period for changing employment, 6 month period (either before or after getting GC) may be sufficient to work for sponsor.
martinvisalaw
09-23 03:34 PM
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
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nortam1
05-05 08:19 PM
I am almost 100% sure that if you applied before your F1 status expired you will be fine (as long as you didn't work).
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amitjoey
06-18 02:15 PM
Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
There are no advantages to filing with the new fee structure, More fees thats all. Earlier the better, but it is not a lottery, so it does not matter as long as your application reaches/files before the 30th of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
There are no advantages to filing with the new fee structure, More fees thats all. Earlier the better, but it is not a lottery, so it does not matter as long as your application reaches/files before the 30th of July.
srinivas_o
09-18 05:40 PM
I have filed on July 2nd itself and still no receipt, no FP notice, nothing. Called USCIS 3 times and they asked me to wait until it's been 3 months after the filing. Then only they will do something it seems.
BTW, how can I get to 2 Level representative?
I have filed on August 10th and I do not have a receipt either. I guess we need to be patient. I have checked even people with July 19th are waiting.
BTW, how can I get to 2 Level representative?
I have filed on August 10th and I do not have a receipt either. I guess we need to be patient. I have checked even people with July 19th are waiting.
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helpmeExperts
02-14 03:37 PM
Guys,
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
this doubt is bugging me due to recession fears.
if someone is on h1 status & have filed 485 in july 07. what happens when due to recession he/she is out of job (NO PAYROLL) for 3-4 months.
will the person have problems during 485 approval?? whats the possible negative that can happen in such god not willing situation
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helpmeExperts
02-14 07:35 PM
i agree with crystal. If you are not yet married, i would advice to get married soon. Once if you plan to jump on EAD, it is not easy to come back to H1. If you apply for h1 extension, you have get it stamped..
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
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prabirmehta
03-22 02:56 PM
Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.
Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.
Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.
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InTheMoment
03-23 03:40 PM
You can give your OPT A# but once you're assigned a permanent visa number, they'll give you a different number. Your OPT A# is just a temporary number.
I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.
A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.
USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.
Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.
I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.
A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.
USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.
Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.
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Britsabroad
December 3rd, 2008, 08:00 PM
Ed - Dang. Wish I hadnt chickened out! I could have handled what you went through... Ordred thru amazon (d300 and 24-70 2.8) It will be interesting to compare notes over time...
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ImmigrationAnswerMan
07-08 10:37 PM
Anil:
Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.
You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.
I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.
Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.
You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.
I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.
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vallabhu
06-11 10:14 PM
I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:
Even I am situation due to I140 denial I am in 9th year extension, I have to start new process soon but I will work on it only I will be eligible for PP of I140.
Even I am situation due to I140 denial I am in 9th year extension, I have to start new process soon but I will work on it only I will be eligible for PP of I140.
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whattodo21
10-25 09:22 AM
how do you get a copy of the approved i-140 if the employer is not willing to give it?
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Beemar
12-13 01:22 AM
Without you we would have never known this breaking news.
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
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my2cents
02-26 08:02 PM
Best part will be
- Convert into F1 just before 6 month or 1 year before she completes her study. U must pay for international fees ( if approval comes after semesteir start then for that semester u will pay in-state fee)
- It will enable her to pursue opt and make a way for converting to H1B
For OPT
- at the time of filing she must be in F1
- She should have full time student for 1 year ( not necessarily F1 for 1 year)
I did the same thing for my wife.
Thanks,
- Convert into F1 just before 6 month or 1 year before she completes her study. U must pay for international fees ( if approval comes after semesteir start then for that semester u will pay in-state fee)
- It will enable her to pursue opt and make a way for converting to H1B
For OPT
- at the time of filing she must be in F1
- She should have full time student for 1 year ( not necessarily F1 for 1 year)
I did the same thing for my wife.
Thanks,
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liberty
10-25 09:23 PM
Are the kids allowed in the office?
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dcrtrv27
10-09 01:16 PM
This was big surprize to me. Mine and my spuse had hard LUD on our I485 with the current status as :Notice Returned as Undeliverable. There wer no other updates or status change or approval or denial or soft LUD etc.
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
The most surpising to me that both of us received the Finger Printing notices on our new address just a month ago.
This is really frustrating.
When I called up the 800 number the lady said just ignore this status as this is some computer glitch.
Dont know what to do just believe her or try to do something else?
Need help ! any one out there in same situation???
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ragz4u
03-25 01:43 PM
Genereic faxes requesting to remove hard country quota may not yield the desired result. It is very important to request any senater who is willing to help or undertand the issue. It should be done thro lobbying and explining him/her in person why it is important to the eliminate country quota, hard country quota increase the baklog instead of reducing it. He/She should to bring an amendment to the bills(Frist/Specter) to bring back the AC21 provision. Then we will get the success.
I hope IV will take care of this situation.
But please look at the first post in the thread requesting faxes to be sent. It clearly mentions our strategy of sending a generic faxes and letting QGA become more specific during their meetings
Also, we have had a ton of meetings with different senator's staff in DC (can't reveal their names as that would jeopardize our goodwill) where specifics were conveyed/discussed
I hope IV will take care of this situation.
But please look at the first post in the thread requesting faxes to be sent. It clearly mentions our strategy of sending a generic faxes and letting QGA become more specific during their meetings
Also, we have had a ton of meetings with different senator's staff in DC (can't reveal their names as that would jeopardize our goodwill) where specifics were conveyed/discussed
MightyIndian
11-05 06:11 PM
Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec
I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
http://hyderabad.usconsulate.gov/visa_services.html
I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
http://hyderabad.usconsulate.gov/visa_services.html
rajuram
10-25 09:36 PM
Gurus,
I have EAD and FP done. Got receipts but no sign of getting AP.
Is this common? Many friends who filed during the same time as me got
it. I filed w/TSC.
thanks for all the help
iad
What is your Appl Recd Date?
I have EAD and FP done. Got receipts but no sign of getting AP.
Is this common? Many friends who filed during the same time as me got
it. I filed w/TSC.
thanks for all the help
iad
What is your Appl Recd Date?
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