abdulazeez77
08-11 11:17 AM
Thanks so much for your message. Let me list down what I have after the visa transfer to my current employer. Can you pls. help validate if I need anything else for me and my wife? You had mentioned something about I-539. This is what I have.
1. I-797A notice of action in my name. It says Case type - I129 Petition for non-immigrant worker. It says approval notice valid from 12/27/2006 to 12/25/2009.
2. I-797, notice of action in my wife's name. . It says Case type - I539 Application to extend / change nonimmigrant status. It says approval notice valid from 12/02/2007 to 12/25/2009.
Would appreciate very much if someone could help validate.
1. I-797A notice of action in my name. It says Case type - I129 Petition for non-immigrant worker. It says approval notice valid from 12/27/2006 to 12/25/2009.
2. I-797, notice of action in my wife's name. . It says Case type - I539 Application to extend / change nonimmigrant status. It says approval notice valid from 12/02/2007 to 12/25/2009.
Would appreciate very much if someone could help validate.
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nkavjs
09-26 01:11 AM
I am Primary on H1B working 30 hrs base as a full-timer with benefits. If I understood you correctly I can lower my base to 20 hrs per week (without benefits) and still be on H1B visa?
wow..I hope this is true. Pls. let me know.
Thanks
RPH
wow..I hope this is true. Pls. let me know.
Thanks
RPH
pappu
12-05 09:36 PM
I bet they won't let a VB programmer in!!!
You mean Visa Bulletin programmer?
You mean Visa Bulletin programmer?
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dbevis
January 20th, 2004, 10:14 PM
Hard to tell from this (reduced) image, but the goose is not on one of the focus points so I suspect the camera selected the ducks in the background. The depth of field for your conditions is around 8 feet so you can see it's easy for much of the image (and the goose in particular) to be out of focus.
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marlon2006
02-04 09:46 AM
I pray that the DOS advances the cut-off dates and get my I-485 approved by March - because I don't get excited at all by these immigration reform bills. There are 12-25 million illegal aliens in this country. 10,000+ crosses the border on daily basis.
I predict that the USCIS will be very, very busy processing guest-worker permits for all those people and my I-485 process would be put on hold again.
ALAN CHOATE AND TYLER PETERSON - Daily Herald
Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.
The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.
U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.
He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.
"That should be done by, I hope, the end of April," Cannon said.
His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.
"The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."
His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.
Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?
Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.
He said the will in the U.S. House is to give states more discretion
I predict that the USCIS will be very, very busy processing guest-worker permits for all those people and my I-485 process would be put on hold again.
ALAN CHOATE AND TYLER PETERSON - Daily Herald
Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.
The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.
U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.
He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.
"That should be done by, I hope, the end of April," Cannon said.
His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.
"The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."
His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.
Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?
Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.
He said the will in the U.S. House is to give states more discretion
wandmaker
10-22 11:42 PM
Not really. Spouse's 485 needs to be independently denied before the spouse gets into trouble. However, if the spouse is on EAD, then they get out of status immediately upon the denial of their application. Also, illegality of primary depends on whether H1/L1 status is maintained.
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)
(Note that if the primary is still on H1, spouse can leave the country, and come back on H4 ).
he and his wife both are working on EAD so they do not have non-immigrant status. If his application is denied, eventually spouse will also get denied. You are legal until it gets denied. Even after denial, you can appeal.... but it all depends on reason for denial. Thats what i mean :)
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krishnam70
08-14 12:30 PM
This is also what I have understood on doing some research; there also was a similar thread here "H1 Status After Using EAD" where people seem to say the same.
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
That is, once you start using EAD you loose your H1 status. If you want to get back on H1 (before the decision on 485) then your company has to extend your H1 in which case you will have to give up your part time job.
Things get bad if your 485 is denied while you are on EAD then your company may be able to extend your H1, but you will have to go out of country and return once the H1 extension is approved.
There was a thread on IP some time ago on this.
One of the rules of H1 is you should be working fulltime ( if your LCA says so) so you still need to fulfill those requirements. While as far as EAD is concerned you can use AC21 only if you have worked for the employer with whom you filed your GC for atleast 180 days right? So how would you be on H1 and work for one employer and then also work on EAD for another employer at same time?
The interpretation is probably only for the status validity as far as i can think.. You can be in both the statuses at any given time but use only one status for your work. Also i read in one of the bulletins/posts that at the POE the IO will always look to see if your underlying H1 has valid period and if you have a stamp and then use that one over the AP to allow you in to the country.
Please check with proper source before you embark on this path to avoid any future problems
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maheshf
02-20 11:07 AM
Dear All..need expert guidance on my situation.
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
1) Company A. Approved I-140 and LC for more than 6 months in 2006
2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.
3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?
I assume answer is No but thought I will get some expert guidance.
Thanks for your help
more...
RNGC
02-12 10:03 AM
How about we greet Obama on President's day ?
Lets all send a Congratulations greeting card on the President day and mention "ImmigrationVoice.org" . Its not too late to do this. If they receive 1000s of these cards, defenitely IV will be take notice....
Admins - Is this a good idea, can we make this a action item ?
Lets all send a Congratulations greeting card on the President day and mention "ImmigrationVoice.org" . Its not too late to do this. If they receive 1000s of these cards, defenitely IV will be take notice....
Admins - Is this a good idea, can we make this a action item ?
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Prashant
05-22 11:04 AM
Hello..
I guess the apointment dates are not yet open for nov 06 .. I had the same issue with chennai consulate I was trying to book one in nov 06 .. all these days it said no appointments for nov .. they just opened them (nov dates) up today for chennai consulate .. so I picked one..
Delhi .. I am not sure wat dates are current .. if it shows JUne/July currently u may need have to check every now and then until nov dates open up
I have taken mine and my wifes appointment for the same day.. In the process of your application on VFS it asks wether u want to add another passport .. u need to provide the second HDFC recipt #
You have to have ur petition no.. (SRC #) ..
I guess the apointment dates are not yet open for nov 06 .. I had the same issue with chennai consulate I was trying to book one in nov 06 .. all these days it said no appointments for nov .. they just opened them (nov dates) up today for chennai consulate .. so I picked one..
Delhi .. I am not sure wat dates are current .. if it shows JUne/July currently u may need have to check every now and then until nov dates open up
I have taken mine and my wifes appointment for the same day.. In the process of your application on VFS it asks wether u want to add another passport .. u need to provide the second HDFC recipt #
You have to have ur petition no.. (SRC #) ..
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newuser
06-23 09:20 AM
Are you sure you have to submit the tax forms for filing I-485?
Hi,
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
Hi,
I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.
Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.
Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?
Any help in this regard with be greatly appreciated.
Thank you
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garybanz
09-27 06:49 AM
Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?
Thanks.
Thanks.
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rama0083
03-07 12:31 PM
People keep talking about RFE and LUD (soft LUD, hard LUD). Can someone explain what these are and what do they signify? I have my EAD, AP and my 140 is just approved. I have already passed 180 days after the filing of 485. If I change jobs can my employer still revoke my I-140 and harm my 485? These may be repeated questions but I am new to the forum .. and I m unable to get specific answers.
Thanks in advance guys.
If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.
Thanks in advance guys.
If your I-140 is approved then the employer cannot revoke anything. You are completely free, under AC-21, to change employers. It is the situation with an unapproved I-140 that is ambiguous.
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hmehta
08-08 03:36 PM
No problem - we are all here to rant...and find solutions....so don't feel bad abt it:)
I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
more...
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iv4gc
07-29 02:15 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
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Chiwere
06-11 03:22 PM
what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.
Looks like it applies only to people with 6 year term expiring and labor applied/approved < 365 days. A very small subset of people perhaps but they needed immediate relief.
Looks like it applies only to people with 6 year term expiring and labor applied/approved < 365 days. A very small subset of people perhaps but they needed immediate relief.
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iv4gc
07-28 12:57 PM
Hi,
First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).
Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)
While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.
With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?
1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??
Thanks for your time.
First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).
Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)
While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.
With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?
1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??
Thanks for your time.
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chanduv23
11-01 06:06 AM
We are meeting tonight, looking forward to seeing all dedicated and active state chapter members..!
How did it go? Hope you took pictures :)
How did it go? Hope you took pictures :)
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krishnam70
08-14 11:06 PM
I was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.
Thank you
Spending a few minutes and searching through the forum would probably answer some of the basic questions and some of them are posted in the sticky's but people dont have the patience and they need answers straight away and open a a new thread. So how would you the threads to be less. If a 5 people open threads just to talk about receipts or dhl or ups or fedex tracking then it would add no value but just threads..
--go figure ..
cheers
Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.
Thank you
Spending a few minutes and searching through the forum would probably answer some of the basic questions and some of them are posted in the sticky's but people dont have the patience and they need answers straight away and open a a new thread. So how would you the threads to be less. If a 5 people open threads just to talk about receipts or dhl or ups or fedex tracking then it would add no value but just threads..
--go figure ..
cheers
solaris27
01-25 07:03 PM
yes we can just pray
desi3933
02-18 10:03 AM
Does it come under new H1b quota? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?
>> Does it come under new H1b quota?
No.
>> Does it treated under cap and Does she/he need to wait for April to file for Change of status again?
No.
______________________
Not a legal advice.
US citizen of Indian origin
>> Does it come under new H1b quota?
No.
>> Does it treated under cap and Does she/he need to wait for April to file for Change of status again?
No.
______________________
Not a legal advice.
US citizen of Indian origin
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