ha002
06-14 07:45 PM
Hello
My wife is on F1 Visa and working on OPT(Optional Practical Training), now that the PD are all current., i will be applying for I-485 in july,
1) can i include her even thought she is on OPT, will that effect our I-485 approval as she is a non-immigrant status
2) should be convert back to H4
3) how easy is it to get appoitments in India now for Visa stamping
Please advice
My wife is on F1 Visa and working on OPT(Optional Practical Training), now that the PD are all current., i will be applying for I-485 in july,
1) can i include her even thought she is on OPT, will that effect our I-485 approval as she is a non-immigrant status
2) should be convert back to H4
3) how easy is it to get appoitments in India now for Visa stamping
Please advice
wallpaper Michael Jackson in rehearsal
cheers1234
06-15 08:22 AM
Sorry for the confusion. i am not deported. One of my company's new employee was deported at POE. Yes. POE did called my employer and asked where he is going to work. My employer said he is going to work on our company site. Then the officer said your empoyee told us that he is going to work at client site. Then the officer said he will call back.
Officer called back after 30min and told my employer that your emplyee submitted some fraud document. And then my employer said i am not liable what he did and explined the officer that he was doing bussinees more than 8 years and have all the proper documents.
Then the officer said he understand the situation and said he is just doing duty. Officer said he is going to send a report to DOL.
Officer called back after 30min and told my employer that your emplyee submitted some fraud document. And then my employer said i am not liable what he did and explined the officer that he was doing bussinees more than 8 years and have all the proper documents.
Then the officer said he understand the situation and said he is just doing duty. Officer said he is going to send a report to DOL.
krishna_brc
02-02 04:49 PM
I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
BTW - change your user id to GC_EB2_Received
!!!!! Just Kidding.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
BTW - change your user id to GC_EB2_Received
!!!!! Just Kidding.
2011 Michael Jackson#39;s AUTOPSY
ivgclive
04-06 06:47 PM
My mother scheduled a trip to USA on May 1st. I am concerned about her passport. Her old passport got wet on the borders of the first two and last two pages. VISA was stamped in the old passport which seems to be safe. I do not see any wet appearance on the borders of the VISA page. The old wet passport expired anyway. And she got new one. Will it be safe to travel with these two passport having wet old passport containing VISA stamp? Thanks.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
It may sound harsh.
Airlines will no longer take responsibility over the travel documents.
Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.
They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.
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485_spouse
06-07 10:22 AM
Hi All,
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
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lostinbeta
10-22 12:09 PM
I get it :)
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jelo
02-10 10:50 AM
Employer shared the copy of the labor filed and the answer to the question was NO. Please share your knowledge on what could have triggered the NOIR and what can be done
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kufloyd
04-02 01:49 PM
I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?
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amyleu
06-18 12:50 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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ravi98
04-27 12:33 PM
In Wake of Immigration Law, Calls for an Economic Boycott of Arizona - NYTimes.com (http://www.nytimes.com/2010/04/27/us/27arizona.html?ref=us)
La Opini�n, the nation�s largest Spanish-language newspaper, urged a boycott in an editorial Monday, as did the Rev. Al Sharpton, and calls for such action spread to social media sites. The San Francisco city attorney and members of the Board of Supervisors said they would propose that the city not do business with the state.
They followed the lead of Representative Ra�l M. Grijalva, Democrat of Arizona, who had urged conventions to skip the state, though other Democrats who oppose the law, including Mayor Phil Gordon of Phoenix, pleaded for people not to punish the entire state.
Tourism and convention managers, struggling to rebound from the recession, said it was too soon to tell if the effort would have an impact, but some businesses said people were turning away from the state.
At the Arizona Inn in Tucson, the manager, Will Conroy, said that over the weekend 12 customers canceled reservations or said they would not return to the state because of the law.
Tourism officials said such accounts were not widespread, but they were concerned that the rancor was tarnishing the state�s image and were mindful of the boycott in the 1980s that led to Arizona�s officially observing Martin Luther King�s Birthday after initially rejecting it as a holiday.
La Opini�n, the nation�s largest Spanish-language newspaper, urged a boycott in an editorial Monday, as did the Rev. Al Sharpton, and calls for such action spread to social media sites. The San Francisco city attorney and members of the Board of Supervisors said they would propose that the city not do business with the state.
They followed the lead of Representative Ra�l M. Grijalva, Democrat of Arizona, who had urged conventions to skip the state, though other Democrats who oppose the law, including Mayor Phil Gordon of Phoenix, pleaded for people not to punish the entire state.
Tourism and convention managers, struggling to rebound from the recession, said it was too soon to tell if the effort would have an impact, but some businesses said people were turning away from the state.
At the Arizona Inn in Tucson, the manager, Will Conroy, said that over the weekend 12 customers canceled reservations or said they would not return to the state because of the law.
Tourism officials said such accounts were not widespread, but they were concerned that the rancor was tarnishing the state�s image and were mindful of the boycott in the 1980s that led to Arizona�s officially observing Martin Luther King�s Birthday after initially rejecting it as a holiday.
more...
jdshah
08-04 11:55 PM
My wife got EAD card while she was on H-4 (I am on h-1). She used it for few months. She got RFE for 485 for visascreen (for nurses). It looks like she will not be able to produce the visascreen certificate within the RFE date and after grace period (33 days after denial notice of RFE).
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
Now when she gets the denial notice for I-485, subsequently, the EAD status becomes invalid. in this case, what will be the staus?
H-4 or no staus?
Upon the denial, do i need to reapply for H-4 status or she gets the h-4 status automatically since she has H-4 and EAD evan though she used EAD in the past.
Currently on passport, the H-4 status expires on Feb 08.
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arnet
10-31 07:26 PM
The application procedures vary based on the consulate you are planning to visit for visa stamping.
so which consulate you are planning to visit to get visa stamping? no need for emergency appointment if you are planning to get it done in india.
in india, from October 2006 things are changed, you can get appointment easily, even now there are dates available in december (also in november). if you book now, you can get appointment in december.
check VFS sites. if you have any questions about the eliglibity, contact VFS numbers or send email from the following page:
https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/CustomerFeedback.aspx
also you can check appointment dates at one of the indian consulates at the following page and at the bottom of the page, click the link 'Click here for an estimate of current availability of visa interview appointments':
https://www.vfs-usa.co.in/Home.aspx
To book appointment in VFS site, you need HDFC receipts from HDFC bank branch for each of the applicants, so for procedure, check fees and forms link in this VFS site.
At the beginning, the principal applicant can create one application with his/her hdfc receipt number with other reqd details and later can add their dependents at later stage of application. You can fill other DS-156/157 forms here.
good luck!!!!
Disclaimer:
I'm not an immigration attroney, so consult one for your situations as laws/procedures keep changing.
Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?
Thanks!
Neo
so which consulate you are planning to visit to get visa stamping? no need for emergency appointment if you are planning to get it done in india.
in india, from October 2006 things are changed, you can get appointment easily, even now there are dates available in december (also in november). if you book now, you can get appointment in december.
check VFS sites. if you have any questions about the eliglibity, contact VFS numbers or send email from the following page:
https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/CustomerFeedback.aspx
also you can check appointment dates at one of the indian consulates at the following page and at the bottom of the page, click the link 'Click here for an estimate of current availability of visa interview appointments':
https://www.vfs-usa.co.in/Home.aspx
To book appointment in VFS site, you need HDFC receipts from HDFC bank branch for each of the applicants, so for procedure, check fees and forms link in this VFS site.
At the beginning, the principal applicant can create one application with his/her hdfc receipt number with other reqd details and later can add their dependents at later stage of application. You can fill other DS-156/157 forms here.
good luck!!!!
Disclaimer:
I'm not an immigration attroney, so consult one for your situations as laws/procedures keep changing.
Hello All - I understand from the website that the people already working in the US qualify for an emergency appointment if they are returning back to work in the US. Does anyone if this rule is also applicable it is the first time you are getting a H1-B visa stamp? I got a COS and am planning to get a stamp in December. I know that more dates are available now .. but was wondering if the need arises will I eligible for emergency appointment?
Thanks!
Neo
more...
house Michael Jackson Buried For His
crystal
07-08 08:35 AM
related article on murthy for the Inadvertent Unauthorized Employment
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tattoo public ortopsy photos]
gcgc2005
12-17 10:31 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
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pictures Michael Jackson#39;s Autopsy
pod1
10-21 12:42 AM
I am in 6th year of my H1B. It is expiring in Aug 2011.
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.
Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
dresses DISCOVERY CHANNEL UK WILL BROADCAST Michael Jackson#39;s AUTOPSY
optimist578
10-17 07:37 AM
I am in the same situation as thesaintmav. My priority date is Mar 03.
I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.
Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.
I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.
Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.
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natan
09-10 12:32 AM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
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nhfirefighter13
April 18th, 2005, 03:57 PM
Thanks for the opinions, guys. Maybe I can try taking shots of the dining room after I finish painting it. It's at least more colorful than the stump.:D