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  • amitga
    02-15 09:30 AM
    If she worked in India in past 3 years for at least 1 year for the same organization. She can get a L1 Visa and then get the GC processed on EB1 category. She will get her GC in 7-8 months.

    :confused:

    Gurus,
    Please advise.
    Can a spouse of Green card holder get an H1b visa.
    Spouse is currently studying MBA final sem.
    She has 3 year industry work experience.

    An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.

    The question :
    Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
    What are chances of her obtaining h1b visa ?
    I heard H1B is a dual intent visa.

    Thanks in advance for your time and efforts on this issue.

    USGC07





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  • anilsal
    07-09 08:54 PM
    nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.

    It would be great if members are able to make it to this event.

    Come on IV members in DC region, show some spine. Do not waste a single moment to be in the limelight. We are skilled immigrant applicants.





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  • whiteStallion
    06-02 07:03 PM
    Yes, the return ticket have to be *within* 6 months rather than after 6 months.





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  • snathan
    08-26 09:02 PM
    Hi folks,

    Is there any body out here ported eb3 to eb2 from same employer.
    If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.

    Your help is greatly appreciated.

    Many thanks in advance

    Unfortunately your current job experience can not be used for the GC process. If you want to start the EB2, you need to find job



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  • xlxoel
    05-20 09:16 PM
    Hi everybody!

    I applied to renew my travel permit on May 20th 2009, I just got the following email from immigration:

    Receipt Number: XXXXXXXXXX

    Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    On May 20, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

    I applied ONLINE this time.
    My last year parole expired on May 3rd 2009.

    What type of evidence can they ask for a travel permit?
    Someone on the same boat?

    I also got an email about my I-140 five days before saying:

    Receipt Number: XXXXXXXXX

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Document mailed to applicant.

    On May 15, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    I haven't received any of the letters!





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  • amitkhare77
    02-02 05:31 PM
    My I-140 and I-458 have different A#. I always put both the number on the EAD/AP application i.e. A#123456/A# 7890123. no problem so far



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  • a_yaja
    07-25 05:26 PM
    Thanks for the reply. It says on the document itself that the petitioner should keep the upper portion of the notice and give the lower portion to the worker.

    Does anyone know the procedure to get the duplicate and how long it takes?
    I just took a look at my 797A and you are correct - it says that the petitioner can keep the above portion. Sorry for my remarks about the employer.
    However, all my employers have always given me the entire document and they have kept only a copy with them.





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  • oliTwist
    01-22 01:42 PM
    Yes, I am also going through the same process. But if you pay off everything, you have to pay 2% of your loan amount as penalty fee.

    So, I am advised, that we can just keep the last 13months EMI, and pay off the remaining to avoid that 2% fee And let the 13months EMI be paid normally.

    Its same for every bank in India.



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  • waiting4gc02
    06-19 12:44 PM
    EAD/AP's dates are back to normal ( ~90 days)

    So, stop panicking ppl..

    For once, USCIS, fixed there error ..fast enough..!!!

    Cheers..





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  • arihant
    06-14 01:10 PM
    Yes, you can keep EAD and H1 at same time..

    As far as I know, you can keep H1 and EAD. However, you can only use one or the other for the same job with the same employer. In other words, if you use EAD (by submitting I-9 with the employer) then your H1 is automatically invalid. However, if you never file I-9 with the employer, you can keep EAD.

    Some have also said that you can use your EAD for a second job (say part time consulting on the side), while still using your H1 for the original job. But I not sure about this part. So, please do not take my word on it without additional research.



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  • bibs
    07-26 01:06 AM
    HI
    What are the documents required for EAD application assuming that I-485 application is already filed?
    At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.

    Thanks





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  • kshitijnt
    10-22 12:30 PM
    Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.

    Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?

    He doesnt have to fill out I-9. Anyone else can do it. How did lawyer provide them with EAD? Didnt they mail the card to your place?

    If I were you, and if it is true they changed your status without your knowledge, I would write them 4-5 F*** letter worded emails with copy to the boss.



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  • GCMD0203
    09-10 02:10 PM
    Hi,

    I am planning on doing my H1 Extension renewal on my own. I did that last year and got the approval in 12 days or so (applied in Premium). I used DOL online wage library as my source. If you need details PM me.

    GCMD0203 :)

    Hi IVians,
    I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.

    Thanks





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  • GCard_Dream
    07-28 04:43 PM
    Did you surrender your I94 on the way out? If so, did the IO give you a new I94 when you came back in? The other gentleman made a comment about not surrendering the old I94 if traveling by road and if the trip is less than 30 days.

    When we have traveled to Matamoros, MX for stamping we had AP and H1/H4. On return we have used H1/H4. NO questions asked at the border check post.



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  • pthoko
    08-10 11:10 PM
    Thank you, your response is clear.





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  • ashkam
    03-09 08:59 AM
    I think she need to fill I-9 form to switch to EAD and thus switching out of H1.

    Right now she is on H1 as well as AOS.

    If she's not working anymore what does the I9 form have to do with anything?

    To the OP, no, she doesn't have to do anything. She is automatically transitioned into AOS status (assuming the I-485 was already applied when she stopped working).



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  • rtarar
    03-24 08:19 AM
    I just got approved for my 3 year extension I am on my 7 th year now.
    I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.

    So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.

    Here are the important points:
    0. Total amount is like $3K.
    1. 50% owed after 1 year
    2. 0% owed after two years of service.
    3. 100% owed when employment is terminated by either party :-0
    4. 10% per annum interest after the 31st day of termination.

    Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
    I dont care about the money, but I think this is borderline harassment.

    Note:This is not a desi consulting co.


    -R





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  • thomachan72
    12-16 03:51 PM
    it was Ok long time back when unemployment rate was not high. Now you might certainly be questioned on the year without work. When you are hired on H1 it is asumed that you would be continuously employed for the period specified on the H1. If the company had to send you off, they actually should have cancelled your H1b and then rehired you when work is available. That is the essense of H1b. I understand your situation but personally feel it is incorrect legally to go about this way. Finding a good explanation for one whole year without work would be pretty difficult. If this were possible why would the so called contractors not resort to bringing in people whenever need arises and sending them back once the project is done?? If you could stay without work outside the country for so long.





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  • jsb
    12-17 09:41 AM
    A million dollar question is : What order are they following ? I am having PD of April 14th , 2004. Still waiting.

    They definitely are not working in PD order. PD is only used to skip a case if not due. They seem to work in order of paper filed cases, which are perhaps stacked in order they physically receive them (which is generally a date a few days prior to ND). That's what they mean when they claim "we process cased in order we receive them".

    With above logic, your case was "received" in CSC in July08. Therefore, they are unlikely to look at it until they look those received prior to July'08. This is bad management, but that's how they seem to work. That also proves as to why they ask/get wider PD openings as year end nears (so that they don't have to skip too many cases when they pick cases one after another in order they physically received them).





    smgms
    07-01 10:21 AM
    First of all thank you for your reply. Here is what happened with my case.

    1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
    2. This week I received an RFE email for my case, still waiting for the actual Mail.
    3. Next day received the email "Document Sent to Applicant" for my wife's case.

    I used AC21 to change the employers. Can you guys let me know.

    1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
    2. What do they mean by "document sent to applicant", which document are they talking about?

    Thanks in advance for your help!!





    H1BLegal95
    01-22 11:48 PM
    Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.

    So of the two tortoises EB3 might move faster than EB2.

    Any comments ?



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