iv_newbie_2007
09-17 11:28 AM
Many people here believe that if a person on H4 has an approved H-1B w/ COS from Oct 1, and that person does not really work starting from Oct 1, then he/she falls out-of-status. In our case, my wife is on H4 currently and I am on H-1B, and both of us have AOS/EAD pending.
Now, if she works for 1 month and decides to take a break, and stay home on EAD, is she still out-of-status?
I must be missing something here; because I was under the impression that if a person (derivative, and not primary applicant) has EAD, then it does not matter if he/she works or not. Then how is it that the person can fall out-of-status he/she does not go to work from Oct 1 even though H-1B w/ COS is approved?
Now, if she works for 1 month and decides to take a break, and stay home on EAD, is she still out-of-status?
I must be missing something here; because I was under the impression that if a person (derivative, and not primary applicant) has EAD, then it does not matter if he/she works or not. Then how is it that the person can fall out-of-status he/she does not go to work from Oct 1 even though H-1B w/ COS is approved?
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x1050us
06-26 05:03 PM
My attorney says the real problem is, chennai wants a copy of primary applicants valid visa stamp if applying separately. Which means I have to get out of the country to get a visa stamp for sake of my spouse. I am thinking of flying to India and get my visa stamped along with my wife (don't know if vfs will allow me to add an application now). Any other suggestions?
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pappu
08-22 08:56 AM
/\/\
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mdipi
11-01 07:39 PM
input?
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alterego
03-02 11:15 AM
The irony in the current schizophrenic EB immigration policy is that, it is ironically the more talented, qualified and marketable and entrepreneural talent that is more likely to look at US immigration policy and call it a day. It is conversely the mediocre talent that would be inclined to "stick it out" and deal with all the crap.
Hmm, something surely to ponder for this country.
Hmm, something surely to ponder for this country.
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Phogs
06-23 10:00 PM
You can go to Mexico (Methamoras OR Tijuana) to get visa stamp, then go to india. It's very quick and easy to get an appointment. i did it on last october and then went to india within month and came back in Jan 2008.
DID THE SAME THING! WENT TO TIJUANA, MEXICO FOR STAMPING. T'WAS PRETTY QUICK AND EASY. MAKE SURE ALL DOCUMENTS ARE LEGAL THOUGH... ANYBODY GOING TO TIJUANA? MAKE SURE TO VISIT PLAZA DE LOS HEROS..CHEAP CORONA BEER THERE, JUST A BUCK A PIECE, WHICH I INDULGE AFTER GETTING MY VISA STAMPED... :D
CAUTION: MAKE SURE THAT UR SOBER AT POE!!! :D
DID THE SAME THING! WENT TO TIJUANA, MEXICO FOR STAMPING. T'WAS PRETTY QUICK AND EASY. MAKE SURE ALL DOCUMENTS ARE LEGAL THOUGH... ANYBODY GOING TO TIJUANA? MAKE SURE TO VISIT PLAZA DE LOS HEROS..CHEAP CORONA BEER THERE, JUST A BUCK A PIECE, WHICH I INDULGE AFTER GETTING MY VISA STAMPED... :D
CAUTION: MAKE SURE THAT UR SOBER AT POE!!! :D
more...
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anurakt
12-19 10:26 PM
Tristate chapter meeting
CT state chapter invites its CT members and members in
NY and NJ areas to attend the chapter meeting this
Sunday 24 Dec, 11 AM in Stamford, CT mall.
We would like to meet and discuss our agenda and
action items.
Venue- Stamford Mall central area. (there are steps,
piano and christmas decorations). You can easily find
it. 100 Greyrock Place Stamford, CT 06901
Directions:
http://www.shopstamfordtowncenter.com/infodesk/directions.html
It is also accessable by trian from New York city. You
can take the metro north train to Stamford. It takes
40 minutes by train from NYC Grand Central Station.
Date and Time: 11 AM, sunday 24 Dec.
Organizer: Anurakt, CT state chapter. Contact phone : Please send me a private message for phone number.
Several CT and NJ members have already told us they
are attending. It will be great to meet everyone. I
look forward to seeing you there.
Anurakt
CT state chapter invites its CT members and members in
NY and NJ areas to attend the chapter meeting this
Sunday 24 Dec, 11 AM in Stamford, CT mall.
We would like to meet and discuss our agenda and
action items.
Venue- Stamford Mall central area. (there are steps,
piano and christmas decorations). You can easily find
it. 100 Greyrock Place Stamford, CT 06901
Directions:
http://www.shopstamfordtowncenter.com/infodesk/directions.html
It is also accessable by trian from New York city. You
can take the metro north train to Stamford. It takes
40 minutes by train from NYC Grand Central Station.
Date and Time: 11 AM, sunday 24 Dec.
Organizer: Anurakt, CT state chapter. Contact phone : Please send me a private message for phone number.
Several CT and NJ members have already told us they
are attending. It will be great to meet everyone. I
look forward to seeing you there.
Anurakt
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rsayed
04-13 03:59 PM
What bill is that? Do you have the bill nimber?
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
more...
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nlalchandani
10-02 06:28 AM
Hi All,
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...
Just a brief overview of my scenario...I came to US on H1b in Nov 2006 for a small consultancy and started work after 2 weeks .....and continued at the client until the last day..
My Company used to pay us 1 month lately i.e for say month of mar we were paid in may....as such when i left them after giving them proper notice i had to take 2 months salary ......after a lot of persistence from my side my employer deposited my 1 month salary in bank account but diditn sent the associated paystub and stopped replying for the other month salary and paystubs...
meanwhile I applied for H1 Transfer through a reputed company in July before resigning and giving the paystub for may which was generated in month of July......
I am waiting for the transfer to complete so as to report my previous employer to DOL....for recovering my wages and documents.....
I have all the valid documents like approved timesheets and client reference and letter citing out details of dates till i worked as well as email correspondence with my previous employer...
In worst case if INS ask me for the June and July Paystubs which i didnt get from my employer, can it effect the H1 Transfer and if so can the document like timesheets and client letters,bank statements, email correspondence with my previous employer suffice.......
If u all support i want to teach this guy a lesson...so please come forward and give me suggestions....although i was always working but still due to this stupid guy i have doubts in my mind....
Hey People i want justice ,this guy has harrassed me a lot and put my carreer at least 2 years back....i had excellent background allways worked with reputed concerns...
Please help...any help will be highly appreciated.
I was in a similar situation and filed a complaint with state DOL...It is going to be a year and haven't heard back from them. I will follow up and check the status.. Every state has limits till when u can file the complaint so do check. Send me a PM if you plan to file TX/IL...
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sammyb
02-26 10:48 AM
Middle of 2009 we had issue (denial) with my wife's I485 and after MTR failed I contacted the local Senator's office ... it took around 6 months to finally turn the ball and revise USCIS's earlier decision of denying the application - it was a case where we followed the process and was penalized because of technical reason by USCIS ...
So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'
hope this helps ....
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
So at the end who ever you contact - this process takes time and again again the senator's office said they can only raise points with USCIS and ask them to review their prior decision - they can't say 'this looks fine pls approve ...'
hope this helps ....
Well, I just wanted to throw this out there, since I did not get any definite answer from any forums.
When in need for I-485 issues, who is better to contact - Congressman or Senator.
I just want to know the pros and cons of each and maybe this analysis will help others down the line.
Points to note are:
1. There are more congressman in a particular state than senators. There are only 2 senators in a state.
2. Senators are more powerful than congressman (not sure that this power applies for talking to USCIS or not)
3. Senators and congressman have different terms in office. Hence is it better to contact someone who is going to stay longer, or someone who is up for election soon and hence may help.
4. For a particular USCIS case, can we contact both congressman and senator at the same time. Is this good.
Can members throw some light on this based on their prior experience and based on their knowledge.
Thanks in advance.
more...
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dealsnet
03-05 07:08 PM
Talk with hospitals in your area. May be $10K for the expense, if you didn't find any insurance to cover the pre-existing condition.
Spend it to get a US citizen child or save that money and make delivery happen in India.
btw her location will be @ Portland, Oregon.
Regards
Spend it to get a US citizen child or save that money and make delivery happen in India.
btw her location will be @ Portland, Oregon.
Regards
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nashim
07-28 09:35 AM
If you don�t want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.
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gctex
07-01 11:52 PM
Hi all,
In her passport, my wife's name appears as follows :
Given name = <blank>
Surname = <First name> <Last Name>
Now visa stamping has this :
Given Name = FNU
Surname = <First name> <Last Name>
We are filing I-485 this week and in all the forms we were thinking of giving :
Given Name = <First name>
Surname = <Last Name>
At the same time initiating a Name Split in the passport. Is it advisable to have name split in passport while I-485 is in process?.
There is actually no "name change" per se. Just splitting it and putting it under the correct first and last names. If we file it using FNU, then all her records like DL, SSN, EAD, AP & then GC all will be starting with FNU, which is what we want to avoid.
The ideal way would've been to split the name in passport first and then file it, but we are afraid we could get stuck with retrogression again, if the process gets delayed! :confused:
Please advise !
Thanx
-Gctex
In her passport, my wife's name appears as follows :
Given name = <blank>
Surname = <First name> <Last Name>
Now visa stamping has this :
Given Name = FNU
Surname = <First name> <Last Name>
We are filing I-485 this week and in all the forms we were thinking of giving :
Given Name = <First name>
Surname = <Last Name>
At the same time initiating a Name Split in the passport. Is it advisable to have name split in passport while I-485 is in process?.
There is actually no "name change" per se. Just splitting it and putting it under the correct first and last names. If we file it using FNU, then all her records like DL, SSN, EAD, AP & then GC all will be starting with FNU, which is what we want to avoid.
The ideal way would've been to split the name in passport first and then file it, but we are afraid we could get stuck with retrogression again, if the process gets delayed! :confused:
Please advise !
Thanx
-Gctex
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ujjvalkoul
02-28 12:37 PM
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
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EB2_Jun03_dude
11-29 09:31 PM
thanks for the info .. i think i will schedule a medical appt for dec 10th.
Also my birth certificate(English version too) was send along with I-485 app. So I hope that does now show up.
My only concern is the time they will allow me to respond to the RFE. I hope it is the standard 6 weeks as stated in this faq http://immigrationroad.com/green-card/i-485_adjustment-status.php
Also my birth certificate(English version too) was send along with I-485 app. So I hope that does now show up.
My only concern is the time they will allow me to respond to the RFE. I hope it is the standard 6 weeks as stated in this faq http://immigrationroad.com/green-card/i-485_adjustment-status.php
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rviswa2007
07-14 01:54 PM
I sent my EAD extension documents on 7/9 via FedEx to Nebraska. They recvd it on 7/11 morning and got signature proof. Can you please let me know how many days it take for the check to be encashed? This will be helpful. Thanks!!
For private courier (non usps deliveries) there is different address please see in the Instruction on completing I-765 form on USCIS website.
I send my application via fedex today to following address..
For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
For private courier (non usps deliveries) there is different address please see in the Instruction on completing I-765 form on USCIS website.
I send my application via fedex today to following address..
For private courier (non-USPS) deliveries:
USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508-1225
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admin
01-05 07:59 AM
Here are the statistics on the contributions so far on Immigration Voice.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#CollectionsSoFar
We have collected more than $5,000 in just 2 days. We have an initial target of $100,000. We can definitely achieve this if we can get 1000 members contributing $100 each to meet this target.
In that page we also have a section on how the funds are being overseen.
All, do not think that others will do the contribution. We need your contributions now to start lobbying!!!
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#CollectionsSoFar
We have collected more than $5,000 in just 2 days. We have an initial target of $100,000. We can definitely achieve this if we can get 1000 members contributing $100 each to meet this target.
In that page we also have a section on how the funds are being overseen.
All, do not think that others will do the contribution. We need your contributions now to start lobbying!!!
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mayurcreation
01-13 01:37 PM
Thanks Raj for your reply.
- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?
- Can I file my 485 with pending answer on I-140 amendment?
- Can I file (EB2) I-140 amendment and ask USCIS for transferring EB3 PD to EB2 by providing EB3 I-140 receipt?
- Can I file my 485 with pending answer on I-140 amendment?
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morchu
08-02 01:14 AM
I believe it is worth the 180 days wait. And AC-21 is practical for a lot of situations. Anyway you dont really have to wait 180 days, if you can convince the current employer not to revoke the 140 (at least for the next 180 days).
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
My answer should have been different if you were not eligible to file 485.
Also give some serious thoughts about filing 485 before marriage. If you are unlucky enough, it can have serious side-effects.
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
sheela
09-25 01:22 PM
Has your namecheck cleared? Mine took 18 months to clear. I am current, too, but no movement on I-485. I am thinking if there is no news by 10/15, I am going to start calling around.
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
jungalee43
01-17 02:20 PM
I voted on this. But I did not see any vote for elimination of country qouta in EB immigration system. We need that topic on change.gov and should vote heavily in favour of it.
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