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javadeveloper

03-28 07:20 PM

Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD.

Canceling h1b doesn't affect I-485.I am not sure about I-140 part.

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ranand00

06-17 10:51 AM

Hi
My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
If there is a problem in stamping can i return on the old visa stamp.
Thanks
ANAND

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chanduv23

09-25 04:58 AM

September 27th is Thursday, please attend the conference call.

Details available in the State Chapter. Please join the chapter by following the link in my signature

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Curious_Techie

10-17 10:36 AM

Friends I have a relative who is willing to get his GC via EB-5 Category.
Anybody who can share there knowledge on this? Recommend a good attorney who is kinda master in this category?

Appreicate it

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dohko

01-11 08:16 PM

any thoughts?

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micofrost

07-24 04:12 PM

I entered US last december 2007 with a visitors visa,allowed me to stay for 6 mos.,last march 2008 I married my fiance who has a H1b visa and is working right now here in the US and last May 2008 I Applied for a change of status from visitors to H4 dependent..Until now the case is pending but right now we had a family crisis back home and I have to go back home asap...what will happen with my application if I go home...Will I still be able to come back here and will I be out of status if I leave my pending application here???

Make sure you have the copy of the application you filed for change of status while you were here. Or any receipt notice.
You can come back to US but b4 that you have to stamp a H4 visa at your country's US consulate. All should be fine assuming you had filed Change of Status application b4 expiry of your B2 I-94

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eb3_nepa

02-25 09:29 PM

Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.

Is it possible for someone to post a link to the same. I have tried looking and found nothing.

Thanks

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kanshul

12-28 09:11 AM

I would strongly recommend getting her on L1 /L2 or H1 / H4. How? I am not sure and depends on your situation. If she is on F1 she may have problems as F1 is strictly a non immigrant visa and she clearly has immigration intent.

Also, unless something as unusual as in July 2007 happens, there is a slim chance for you to file her 485.

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immi2006

10-16 09:43 PM

I know many folks here who have 2 I140 pending from same employer, for same category. One which is current. the other with a newer 140, since u can get 3 year H1 extension

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hasil

06-25 08:06 PM

You do not require valid visa stamp to go India. If your kids are US citizen, you will need PIO card for them. While travelling back from India, you will be asked for valid Visa or AP to board fight for US from Frankfurt.


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 .....................

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vandanaverdia

11-14 08:02 PM

U & I together can make a difference...
IV needs "YOU"
Help IV help you...

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wos15

07-29 01:06 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. 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. 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.

I hope somebody can help me.
Thanks

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WaitingUnlimited

01-20 12:51 PM

I think you should be honest and mention the details correctly.

Your company needs to file the immigration petition. So mention your company's name.

Good Luck

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Ennada

09-16 02:49 PM

My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help

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kondur_007

08-18 09:58 AM

Here is my opinion:

I understand that your wife has now two I 94s: One when she entered on H4 (we will call it OLD) and one when she returned from Mexico with F1 visa stamp (we will call it NEW). And both are attached to her passport.

First of all, I dont think this is a major deal. You can do one of the two things:

1. First option is to go to near by international airport and meet CBP officer. Explain him the situation (show him the copy of air ticket to mexico and appointment letter with the consulate); chances are, he will take care of the old I 94 (but make sure to keep a copy for yourself for future reference). And you can forget about the whole thing (just keep copies of old I 94, air ticket, appt letter for future reference if any question arises at any time).

2. Second option is to nothing about this and just keep the old I94, a copy of it, copies of air ticket and appoinntment letter for your file and close the file until and unless you are asked about it. Chances are, they would have automatically changed the information in their system and you may never be asked about this old I 94. If they do, you can tell them the truth what happened. I dont think it is a major deal.

I would personally go with option 1 if the nearby international airport is not too far.

In either case, make sure of one thing: Whenever your wife leaves, she must surrender the new I 94 and not the old one. Best way is, take the old I 94 out of the passport so no confusion arises.

Hope this helps. Good luck.

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beautifulMind

11-25 05:36 PM

The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through

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gparr

January 29th, 2005, 06:09 PM

Unfortunately some of your water is blown out, which is a distraction. I also find the dead stick very distracting in this image of water and lush foliage. I did a little processing and cropping. See if you think it's better.
Gary

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nid

06-13 10:15 AM

Thanks!

What are the other ways to accept the payment other than 1099 for the 2nd job on EAD?

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wandmaker

08-18 08:58 AM

Hello Gurus,

Pl guide me and let me know my options for the below scenario...

1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.

2. My spouse : Primary applicant - EB3 (India), December 2003.


As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)

My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.

Thanks in advance

You cant port because it is different labor of two different people. As far as I know, when the EB2 (India - September 2006), labor date is current, you can file another 485 as primary and your spouse as dependent. Optionally, you can choose to withdraw your previous filings. Hope, this helps. Others can throw some light on this.

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anyluck?

09-09 10:42 PM

Thanks for the reply.

Can we go to local USCIS office and get new I94.Does that resolve the issue.

Thanks

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zCool

04-23 12:21 PM

You will qualify.
Issue is getting to Canada and staying there long enough with the high taxes they have average canadian tax burden is 40% (30% tax + 10% additional sales tax on everything you buy) !
I know how meaningless this "Backup" is after paying almost 50K$ over past few yrs.!
Beware!

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reddy77

12-17 07:33 AM

Thanks for the reply, I checked with the post office and they were unable to help, I have re-added my name to the mail box. but not sure whether its sent back. I will wait for couple of days more and call USCIS, Do i need to follow the same steps again, pay fees, file online??

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baburob2

02-14 05:47 PM

hi bestia
I PMed you back again .could you plz respond.

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factoryman

06-19 11:32 AM

Search and post. There are ton of posts and replies here. Go and read. Do your homework before you post. Show us you didnot find anything.


What happens if the PPD is posiive and x ray is negative as can be the case in may indian because of BCG Vaccine

please people with similar situation share yr exp

thanks

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waitingnwaiting

12-03 02:03 PM

I got laid off recently.

Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?

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CADude

10-19 12:54 PM

My friend also don't have any issue. He filled on June 10th 2007 and has to leave county on June 12th 2007. He and spouse got stamping and came back to US on July 11th 2007. They have done FP and got EAD.

It's advisible to to have Receipt# before leaving and I am hoping you will get in next 8 weeks for sure. Good Luck.

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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485user

11-19 10:10 AM

Thank you for your info.

My lawyer saying he did not receive, CIS said they sent mail on Aug 22nd. I now my lawyer is playing game. One more thing my son got Receipt number allocated but they did not generate receipt physically and FP was done on Oct 9th. I am seeing all the information in CIS web site. Last week i spoke to another lawyer she in this situation we have to re-file with write up. My lawyer scrued my life man. I am waiting for new lawyer response.

Did you re-file? if yes, how did you re-file?

Thanks
Kishore

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Myvisa

09-24 12:53 PM

Is this a good time to Initiate GC process.
------------------------------
I was employed with company A and right now with B, My H1 is Valid till Sep-2010 and can apply for Renewal. My employer is ready to process GC for me.

I am also interested to start the process, my main worry is whether I am eligible to change the employer meantime, or I have to stick to current employer only for few more years which is indefinite.

-- Experts please advice me which is the best option : change the employer and start the GC.. ?

-- or Start GC with current employer and can transfer H1 at the later stage.? if yes at what stage.

-- In current market conditions is it safe to transfer H1

--- Thanks
Raj

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sd1020

02-26 02:10 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.

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h1techSlave

11-04 10:36 AM

Largest proportion of Tennesseans wants illegals to leave the country (43%). Another 22% says, "such individuals should be allowed to stay in their jobs, but only as temporary guest workers ineligible for U.S. citizenship".

Only 29% says "such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship".

An interesting survey showing 51% of voters in one of America's most politically conservative states favor legalizing illegally present immigrants in one form or another:Tennesseans appear ambivalent about how best to deal with illegal immigrants currently working in the United States. The largest proportion (43 percent) says such illegal immigrants should be required to leave their jobs and leave the country. But the next largest proportion (29 percent) takes the opposite view, saying such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship. Finally, another 22 percent say such individuals should be allowed to...

More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)

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rag_1970

11-10 08:51 AM

I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.

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dontworry

08-08 12:36 PM

Saw an approval case in . It was transferred to TSC but receipt # starts with WAC***

http://www..com/member/chakrsa/

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easygoer

04-24 11:05 AM

It seems that we are at loss what is going on at Texas as reagrds to I-140. Is there anyone who can sheds light as to what is actually happening at Texas?

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gc_chahiye

11-04 01:03 AM

http://www.usvisainfo.com/pages/8207.html

Any comments?

actually if you track the threads on immigrationportal.com, a ton of old-timers have gotten their GCs. A large number of these were EB3-India [2001-2004], so that 18k number does not look odd to me.
Does it look odd to you? Why?

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Rb_newsletter

04-09 01:30 PM

If I understood correct,
-Employee cannot pay for any visa or GC process including attorney fees.
-You or attorney cannot be involved in any recruitment process.

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gc_maine2

05-22 09:21 AM

Congratulations !!!.Enjoy your freedom...

i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.

looks like 2003 pd are starting to get picked up at TSC.

how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?

thanks.

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Administrator2

11-09 10:16 AM

That is may not correct. Stuart Anderson was never a lobbist. But he did play a key role in AC21 law. Back then Stuart was Legislative Director for Sen. Abraham (R-MI). Stuart worked with key staffers across the aisle to recapture and pass other favorable provisions in AC21. In that sense, Stuart always had a front row seat to witness things unfold in front of him. This is what makes his book so unique.

According to the website, Stuart is Adjunct Scholar at CATO institute and he is executive director of another policy institute called NFAP.

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optimizer

03-22 11:42 AM

Short version: If GC is applied and it is close to 300 days only (and not mandatory 365), is it possible to get further H1B extensions after reaching maximum limit? If so, how?

I am in a unique situation. Here's my long story.

I have been on H1B since I landed in USA. My current H1B expires on 04/15/2012.

That would be close to 12 years on H1B. I know, very long.

After my first 6 years on H1B, I received further extensions based on my pending Green card application and approved I-140.

My most recent/current H1B extension was received with a different company, and I would like to stick with this one for a long time. The 3-year extension received in April 2009 was based on previous I-140.

The problem is, due to certain circumstances which are beyond my control, there is a possibility that the previous GC application and I-140 could be revoked. And this revocation could happen very soon.

Considering that I can get my further H1B extensions only with my current company's new green card application, I have very limited time now. Assuming the process gets completed only in the next 60-90 days, I will have only 300 days before my H1B expires.

I understand that to get H1B extension after maximum limit of 6 years ( in my case longer), the applied GC application should be older than 365 days.

Is there a legal way to extend my H1B next year under these circumstances? If so how?

Thanks in advance

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SpookyH1Alien

10-26 12:28 PM

That clears it. Thanks for all your help!!

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ruchigup

08-14 12:57 PM

I opened a SR on July 24 2008. My priority date was going to be current starting Aug 2008, but still representative was kind enough to open SR for me . Guess at that time they were not getting bombarded by volume of calls.

It is almost 20 days and I have not received any response. CSR say it takes upto 45 days to respond.

- Did any body get a response back on their SR
- How much time it took to get response
- What format response is - Email / Letter / Call (are there any LUD's also)
- What is the content / detail level of response [Considering most of us are opening SR for case status and pending NC]

Thanks in advance

[ I am reposting this thread because in previous one I made mistake in subject, and didn't know how to edit it]

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jonty_11

12-05 02:32 PM

Yes, you have to have expereince as of PD. As for the Risk - its all yours to take.

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engineer

12-11 08:02 PM

this is greta idea! and I have seen it used in my comany ..
and people are motivated! you can see from recent campaign...people have contributed to 30K goal and we are near!!!!!!!!!!!

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vinaykadiyam

01-01 09:13 PM

Thanks for the information.

My port of entry is Chicago. I heard that Chicago port of entry also like newyark. means they will ask so many questions. Is it true?

Kadiv

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kasanski33

05-03 07:15 PM

Thanks guys that helps a lot.

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CHHAYA

04-26 01:01 PM

I am working on EAD and want to work 20 hrs. What is the risk involved in I-485 processing? Thanks in advance for any light.

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yabayaba

01-14 02:58 PM

HI,

My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.

I missed filing I 1485 for my wife in july 2007.

My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?

What happens if they approve my I 485 before I file my wife's 485.

How long it took for you to get the labor aproved?. What are steps and duration it took?

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Pagal

03-01 06:03 AM

Hello,

Sorry to read that! May your son have a speedy recovery...

Here are some considerations:
IF you are laid off .... in this economy, if you are still holding your job, then the chances of you losing it are low, so be optimistic.

But, in case you are laid off:
a) How would you support yourself and family in US plus your son's medical bills? Wouldn't it be cheaper to be in your home country (unless it is UK/Europe)?
b)The only visa that I can think of is the visitor visa, but on that visa, you can stay in US only 6-m at a time

Good luck!

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Blog Feeds

04-06 10:50 AM

Immigration Visa Attorney Blog Has Just Posted the Following:
The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles' Fong & Chun immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.

Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called "group of fourteen") which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries -- of any gender, any age, any social class, any educational level, for any reason -- would be subjected to additional interrogation by US Border Guards.

The newly-announced change sets up a system which uses intelligence information and threat assessment -- about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.

For example: most people in the know would say that the Islamic Republic of Iran was part of the group of fourteen. All citizens from Iran -- absolutely all -- would be pulled aside and interrogated at POEs. Under the new system, if the US has specific information about a 26-year old male Iranian student, or an Iranian woman with a certain name, or even someone with a partial passport number, then persons meeting those descriptions will be pulled aside. This allows border guards to focus their efforts on persons about whom the USA has specific threat-related information. --jcf





More... (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html)

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bayarea07

07-21 09:30 PM

A quick question for all you experts out there

My wife is on H4 right now and I am on H1, though we got our EAD last year, but I am still using my H1 and not used my EAD yet, So is it possible to apply for Social Security for my wife, will applying for Social Security Number, considered as using EAD and H1 becomes void.
Can anyone please reply.

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Jaime

09-12 03:57 PM

Just like the the department of Homeland Security has USCIS to make sure that only very few highly-skilled immigrants get visas (thus causing the USRBD), they should also have the "Agency for USRBD" to counter the damage caused by USCIS. Don't let the RBD suck you in like it sucked Pablo in! Let's go make our voices heard in DC!!

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god_bless_you

06-08 12:55 PM

Can anyone tell when will EB3 India crossover to May 2001 from April 2001 without any new law.

most probably by Oct with new year dates it move to May 2001 but later bove back to old priority dates once approvals come from BEC's

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kiwi

10-27 03:48 PM

My Labor PD is Jan 2003, was approved on Sept 25th. Got it last week. It is very random process I guess. Can't tell how long you have to wait knowing so many people behind us got their approvals before us. Any inquiry didn't work. I just gave up and waited.

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apahilaj

09-12 02:08 PM

What does this mean?
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

Does it mean that they mailed the letter that it is approved or did they mail the card?

If your current status says approval notice sent that means your EAD card is on it's way. Wait for approx a week to receive it in your mailbox.

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andyny73

12-09 10:31 AM

Thank you for your reply.

Andrea

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gc_check

06-21 07:32 PM

Hi, I recently got married to an American Citizen. I am Canadian citizen and on travel visa here. I filed my I-485 jut last week. My question is how long does it take to get permanent resident approval?

Since you got married to a us citizen, the entire process is much faster and you must have the green card in less than 6 or utmost 9 months.

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jsb

01-09 03:40 PM

Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.

thx

AC21 guidance issued in the following link should clarify some of your concerns.

http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf

GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.

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LostInGCProcess

06-29 02:01 AM

Can one do Day Trading being on H1?

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rajeshalex

11-12 09:19 AM

Take an infopass appoinment and find out whose mistake was it.

How do u know if the employer is lying? ( chances more if its a desi)
or if its a mistake from USCIS

Rajesh

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a.j.2048

10-23 11:13 AM

This area is fast moving. Indian courts have been refusing jurisdiction in these cases, unless one of the parties is an Indian resident or if they spent significant time in India after marriage. Best to consult an Indian lawyer to find out the current standards applied in India.

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alterego

08-05 11:33 PM

Then the big C may have to deal with the Deeez in majority in congress. A democratic congress will pass a most liberal immigration bill they can imagine. The republicans will be far better served compromising now than waiting if democrats take congress. Right now the Dems, the Prez and the Senate are on the same page.

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thomachan72

03-18 08:58 AM

What are the rules for getting a new 3 X 2 year H1.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?

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Gazman

09-15 06:08 AM

Thanks Kirupa,
Just to make sure we don't have our wires crossed... I am talking about running code in the background while designing. Is that how you understood my question? Does your answer still apply?

Sorry but I just reread my question and realized it was not very clear.

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thomachan72

11-03 02:28 PM

My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.

Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.

They are aparently processing audit cases dated September / october 2007 so yours seems strange. I have no idea about how to contact the labor department. Hopefully some one who knows will point you in the right direction.

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