sac-r-ten
03-22 10:34 AM
Sorry for any confusion. Here are the details :
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.
Good luck.
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.
Good luck.
eilsoe
10-03 01:11 PM
Man you're weird too....
SPAM SPAM SPAM
:::::runs away too::::: (HA!)
SPAM SPAM SPAM
:::::runs away too::::: (HA!)
paskal
10-26 03:11 PM
Can you talk in english please?
:D
:D
gc_in_30_yrs
09-12 08:15 PM
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
more...
kondur_007
08-24 10:23 PM
I hate to give you the bad news, but as far as I know, if you filed 140 after the expiry date on Labor, it will be denied.
And yes, there is a rule about this that they came up with since past few months (?about a year now..)
I would suggest to start a new PERM ASAP and get a help of a good competent lawyer this time.
Good Luck.
(Although there are only a couple of days between the expiry date on your labor and 140; but if you really filed your 140 after the expiry of PERM, it will be denied. Are you sure of RD? if it is ND and your RD is within the expiry, it may still be valid).
And yes, there is a rule about this that they came up with since past few months (?about a year now..)
I would suggest to start a new PERM ASAP and get a help of a good competent lawyer this time.
Good Luck.
(Although there are only a couple of days between the expiry date on your labor and 140; but if you really filed your 140 after the expiry of PERM, it will be denied. Are you sure of RD? if it is ND and your RD is within the expiry, it may still be valid).
Honda
09-08 11:42 PM
Freecall2India are offering totally unlimited free calls to India and 70 destinations without any registration or credit card means no obligations. Just dial the access number and you are connected, no password, PIN, security code, caller ID
HOw to use this service
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If you are calling from
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Average call may last from 8 to 10 minutes or may be more.
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India - Pune
Thank you.
HOw to use this service
1)
If you are calling from
USA dial 631-763-1059 (This is New York Number -Long Island east)
For more access numbers visit the website
2)Select the language you want to use
3) Dial the destination Number in format Country code + Destination number (e.g. �919491234567�) without 011 or 00
You call will be connected instantly without any delay or Advertisement
No ads or call delay
No Registration required at anytime.
Call quality may or may not be that good.It is free so we cannot complaint.
Things to Note
Average call may last from 8 to 10 minutes or may be more.
http://freecall2india.com/index2.php
Allowed Destinations
India - Ahmedabad
India - Bangalore
India - Calcutta
India - Chennai
India - Ernakulam
India - Hyderabad
India - Jallandhar
India - Mobile
India - Mumbai
India - New Delhi
India - Pune
Thank you.
more...
rahul2699
05-16 09:12 AM
Thanks you are right on consular processing and you are also right that on transfer receipt one can start working
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
prioritydate
03-27 09:58 PM
It will not be a problem at all. I know a person who was without a job for 9 months during that time period and still got his green card, so I would assume that you are safe. You should be worried about this at all. This is just my opinion. The final outcome depends upon the person who is approving the case.
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virtual55
02-20 08:44 AM
http://immigrationvoice.org/media/Flyer_Formated.pdf
dealsnet
08-04 03:28 PM
I think the abused spouse cause is for the people getting GC with family based catagory. The temporary GC holder after marriage can do this with the help of the lawyer. The spouse abuse and all kind od stuff, to get GC if the husband/wife is not supportive. I know a person got that way after he is abused by his wife and got separated after she bring him from India.
For employment based GC, she yet to file I-485, I don't think she can file forcefully without the help of her husband. Employment based GC for the dependants is a permanent one, not like family based upon marriage.
Talk with a lawyer to find out the options.
Best way is to reconcile with the husband.
She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.
If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer
Rajesh
For employment based GC, she yet to file I-485, I don't think she can file forcefully without the help of her husband. Employment based GC for the dependants is a permanent one, not like family based upon marriage.
Talk with a lawyer to find out the options.
Best way is to reconcile with the husband.
She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.
If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer
Rajesh
more...
reachinus
12-24 12:44 PM
If you don't get the regular W2, then you fill in all the details that you know are correct and submit it along with your tax filings saying that you asked your employer to issue you the W2/Correct W2 with all the Pay info, but since he didn't give you the correct W2 your are using a non standard W2. IF u google it I am sure u will find it.
Its better to have pay stubs for all the time that you are on H1 to avoid future problems.
Its better to have pay stubs for all the time that you are on H1 to avoid future problems.
otovarm@hotmail.com
03-03 01:23 PM
Well, I am not a fake profile. What happened to us is real. That is what the guy told us. He was basing his decision in the fact that the original company which filed for the LC was no longer in business and that they created a new company. Reality is that they only changed the company's name but they still do the same and have same employees. We believe he didn't want to ask his new partner about signing the I-140 petition. That is our guess.
Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.
Honestly, we disconnected ourselves from the whole thing, we were really depressed that after waiting for 5 years we finally got the LC approved and then we got that response. That is why I am looking for help in the forum, I really disconnected myself from the whole process and was not sure how have things changed since in terms of new immigration policies etc etc.
more...
GooblyWoobly
09-26 06:43 PM
My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......
Yes, she will lose her H4 status if she uses EAD. Her new status will be 485-pending.
At this point, if she quits/loses job, that's fine, as her status is not bound to the EAD/job, but to her 485 pending status. She will be able to travel on AP, or apply for new H4 outside (I'm not sure about the later part, so, I'd suggest using AP).
The only risk is, if her 485 application gets denied, she will be out of status, and will have to leave immediately. However, if you still have your H1 valid, she can apply for an H4 again outside the country.
Yes, she will lose her H4 status if she uses EAD. Her new status will be 485-pending.
At this point, if she quits/loses job, that's fine, as her status is not bound to the EAD/job, but to her 485 pending status. She will be able to travel on AP, or apply for new H4 outside (I'm not sure about the later part, so, I'd suggest using AP).
The only risk is, if her 485 application gets denied, she will be out of status, and will have to leave immediately. However, if you still have your H1 valid, she can apply for an H4 again outside the country.
nmdial
11-23 08:59 AM
My sister was denied a visitor's visa in the summer of this year at Delhi:
1. She was told that they have a policy of denying visas to young unmarried women who are student.
2. She is currently a PhD student in India.
3. They did not ask any more question.
1. She was told that they have a policy of denying visas to young unmarried women who are student.
2. She is currently a PhD student in India.
3. They did not ask any more question.
more...
singhsa3
08-29 01:22 PM
I think they had understanding of RD all along. The reason I say that is anytime I contacted IO or went to InfoPass they had this information.
What was different then was that they had all applications in sets of boxes, which had random applications.
Now thinking logically, it would take them lots of efforts to sort that mess out. And the best way out is to retrogress to a point where the available number of visas will be utilized as well a degree of fairness can be achieved.
Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?
This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.
They should better post where they are based on PDs, and work based on that too.
What was different then was that they had all applications in sets of boxes, which had random applications.
Now thinking logically, it would take them lots of efforts to sort that mess out. And the best way out is to retrogress to a point where the available number of visas will be utilized as well a degree of fairness can be achieved.
Published dates are only a general ballpark information to indicate where are for the remaining cases. Havn't they already granted visas to those filed in August/Sept '07?
This change is all due to their better understanding of what is a Receive Date. So far, they have been treating date when they physically enter data in the system (date which you see online as "we received your case on...") as the Receive Date, and making all predictions, postings and claims based on that. Now they know that it is what you see on your receipt as the Receive Date, and hence the back step in the dates. TSC is at June 18, NSC is at July 2.
They should better post where they are based on PDs, and work based on that too.
indianabacklog
10-25 02:28 PM
Thank you for taking the lead on this.... I'll be @ 11:00 am
Excellent. Will be there. I suggest we meet outside first so we do not look stupid wandering in aimlessly.
My name is Lynne and I am from the UK.
Looking forward to meeting you.
Excellent. Will be there. I suggest we meet outside first so we do not look stupid wandering in aimlessly.
My name is Lynne and I am from the UK.
Looking forward to meeting you.
more...
san3297
06-29 05:34 PM
Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
vin13
07-28 10:41 AM
As others have already mentioned each state has a different rule. Based on your state, you may be eligible for unemployment benefits. But what is more important is that now you are saying you do not have a job by claiming unemployment. Green Cards are for future job. If you are on unemployment compensation, how would you prove your eligibility for green card if questioned.
Dependent family members can avail unemployment without much concern of jeopardizing their Green Card.
Dependent family members can avail unemployment without much concern of jeopardizing their Green Card.
rabis
04-13 02:00 PM
For a medical REF how many days do we have to reply?
Thanks,
RabiS
Thanks,
RabiS
Oct007
11-11 08:53 PM
I have followed what many people suggested and applied for the H1B renewal.
Now I have to travel to India in the last week of November. I have a valid EAD and AP document. My H1B will be expiring and the renewal will be filed but I wont be receiving the approval.
I can use the AP and renter U.S but will that result in a cancellation of my H1B renewal?
Now I have to travel to India in the last week of November. I have a valid EAD and AP document. My H1B will be expiring and the renewal will be filed but I wont be receiving the approval.
I can use the AP and renter U.S but will that result in a cancellation of my H1B renewal?
sundevil
06-19 10:04 PM
This time around its unchartered territory with these flood gates open. As for current ways there is a chance(still only chance there is no science) you will get the rcpt date by then, but who knows what will go on.
Guys, this thing is so important, do not play games with it and screw up you application. Unless travel is absolutely must, forget about it. All lawyers including mine are suggesting to cut short any visits, cancel any existing plans and don't make new plans. The dates could retrogress to stone age, do you really want to take a chance and wait for the next opportunity, if something doesn't work out.
Guys, this thing is so important, do not play games with it and screw up you application. Unless travel is absolutely must, forget about it. All lawyers including mine are suggesting to cut short any visits, cancel any existing plans and don't make new plans. The dates could retrogress to stone age, do you really want to take a chance and wait for the next opportunity, if something doesn't work out.
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