cvk90
07-05 02:01 PM
they told me that there would not be a 10% penalty but I cannot roll over either. My basic question is that whether IRS controls the benefits offered by private organization based on visa status ? This does not make sense.
Retirement benefits are similar to health benefits, tuition reimbursement benefits etc., in that the employer can choose whether to offer them or not. Why would visa status come in picture ? Also, L 1 is 'dual intent' and my I-485 was applied on June 28, 2007.
Could someone comment on the legality of this whole argument ? Thanks a lot.
Retirement benefits are similar to health benefits, tuition reimbursement benefits etc., in that the employer can choose whether to offer them or not. Why would visa status come in picture ? Also, L 1 is 'dual intent' and my I-485 was applied on June 28, 2007.
Could someone comment on the legality of this whole argument ? Thanks a lot.
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dingudi
03-12 07:18 PM
With retrogressio to last for years, I am also planning to pursue MBA. But again with IT experience , getting first MBA break is crucial.
Does anyone have idea, whether executive MBA or Part-Time MBA is better with following things in mind:
1) Being able to do it while working full time.
2) Career prospects after finishing
Does anyone have idea, whether executive MBA or Part-Time MBA is better with following things in mind:
1) Being able to do it while working full time.
2) Career prospects after finishing
sunnymit
08-10 03:42 PM
You are right that to get registered in US I would have to marry in US. That's why I was asking if I even need to get it registered in US to file for my green card. Response I got on this forum was Indian registration certificate is fine.
I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.
Thanks,
Dinesh
I think you will be fine as long as the marriage happened before your 485 got approved - which in your case is true. However, IMO since your wife is not here in US right now, you will need to do file her AOS via consular processing...
I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.
Thanks,
Dinesh
I think you will be fine as long as the marriage happened before your 485 got approved - which in your case is true. However, IMO since your wife is not here in US right now, you will need to do file her AOS via consular processing...
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ArunAntonio
08-27 05:33 PM
Cant make it to the DC rally?
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
Sponsor someone else to represent you.
Please vote -- > http://immigrationvoice.org/forum/sh...ad.php?t=12441
more...
pandu_hawaldar
05-10 10:07 AM
applies to me too, as I came in this thread to read this post :D
Thanks. I have fixed the typo.
.
Thanks. I have fixed the typo.
.
canmt
11-14 03:01 PM
This could mean that USCIS has started to processing I-485 applications faster and you'll get your green card as soon as FBI clears the name check...
Good luck on your green card pursuit...
Good luck on your green card pursuit...
more...
priderock
05-31 03:52 PM
Looks great. So how does it go with this amendment? Has it been ordered to lie on the table or sit up straight in a chair?
From the status message it is referred to judiciary committee. So I guess, it is not killed yet.
From the status message it is referred to judiciary committee. So I guess, it is not killed yet.
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vvpandya
11-05 05:20 PM
Any one with july 3rd recvd date at NEBRASKA recvd AP?
more...
StarSun
02-10 09:41 AM
The call is on Thursday (today). Please send in your questions as soon as possible to IVCoordinator@gmail.com
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aguy
01-05 01:59 AM
Hello:
I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.
Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.
Thanks.
I have a last minute doubt - my H1B stamp on the passport is expired, so is the white I94 card. I have a valid I797 extension.
Can I use automatic revalidation? I am in doubt because the white I94 card is expired and I will have to present it to the officer at the port of entry.
Thanks.
more...
hpandey
04-30 01:36 PM
So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?
Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.
But always consult a lawyer before taking any step because I have heard conflicting opinions before.
Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.
But always consult a lawyer before taking any step because I have heard conflicting opinions before.
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Robert Kumar
03-17 11:19 AM
Any recent experiences please.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
more...
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immi_enthu
06-04 09:40 AM
Hello,
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.
Can anyone help me please?
It's not cancelled yet. But there's been talk that USCIS may terminate it soon.
http://www.immigration-law.com/Canada.html
05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure
* As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.
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prabasiodia
08-13 07:46 PM
This is the link to USCIS - FBI joint initiative where they plan to clear all the backlog by June 2009 to acceptable limits: http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf
This is the link to Aytes' memo where he directs to approve I-485 if NC Pending > 180 days: http://www.uscis.gov/files/pressrelease/DOC017.PDF. Unfortunately, the IO officers are oblivious to this memo.
This is the link to Aytes' memo where he directs to approve I-485 if NC Pending > 180 days: http://www.uscis.gov/files/pressrelease/DOC017.PDF. Unfortunately, the IO officers are oblivious to this memo.
more...
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baleraosreedhar
11-18 02:45 PM
Hi All
I have a question regarding visitors visa, my parents got multiple Entry 10 years visa in 2007, but have not visited me so far, but this december my Mom is visitng me and in Feb my father( as to avoid harsh winter weather in East Coast), they will leave back in May 2009.
My Question is will there be any issue as their visa was issued in 2007 but they are visiting now
Do I need to send any new documents( I have moved onto EAD )
Looking forward to hear suggestions.
I have a question regarding visitors visa, my parents got multiple Entry 10 years visa in 2007, but have not visited me so far, but this december my Mom is visitng me and in Feb my father( as to avoid harsh winter weather in East Coast), they will leave back in May 2009.
My Question is will there be any issue as their visa was issued in 2007 but they are visiting now
Do I need to send any new documents( I have moved onto EAD )
Looking forward to hear suggestions.
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kumar1305
01-20 01:31 PM
All those guys are gone. Were we late coming to the USA?
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raysaikat
06-22 10:47 AM
For I-485 Applicant, it is not of much significance.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
At POE, AP is stamped for one year (with I-94), but when it expires, it does not matter. One can continue working on H1 or EAD. And if someone is in USA on H4 (and not working on EAD) also remains in vaild status.
So there should not be any reason to worry, however, as suggested by "kshitijnt" better to get in touch with USCIS and let them do corrective action as required.
Please post your experience afterwards.
S/he has to have an unexpired I-94 to stay in the country. It is not about AP or EAD.
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whoever
07-20 01:56 PM
we did the same. it seems your marriage in india was just marriage ceremony and not legal marriage.
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royjonny
06-19 12:35 PM
I am on my 7th year H1B. I got a 3yr extension from my current employer based on approved I140. I have the I140 receipt number but do not have a copy of 140 (my employer refuses to give it).
I also do not have the LCA for Perm filing.
My 485 has been filed more than 6 months ago.
I do have the new I797 (till 2010) for my H1B extension from my current company.
1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?
2. Is I140 required to do EAD extension ?
3. What are the consequences of not having an actual I140 copy with new employer in future.?
I also do not have the LCA for Perm filing.
My 485 has been filed more than 6 months ago.
I do have the new I797 (till 2010) for my H1B extension from my current company.
1. Is it possible for a new company to do my H1B transfer without a copy of I140 ?
2. Is I140 required to do EAD extension ?
3. What are the consequences of not having an actual I140 copy with new employer in future.?
EB3_SEP04
01-03 12:09 AM
Please consult a lawyer - She is now AOS and should not go back to H4 as that can mean she is abandoning her AOS which I am sure you dont want. I would not even recommend getting H4 stamped in her passport. ( same reason). I am in the same boat and my wife is using EAD - My lawyer did not process her H4 extension and only processed my H1 extension.
Again - please consult a lawyer
Just like one can have both H1 as well as AOS, the dependant can also have H4 and AOS at the same time. There is no law/rule that even remotely suggests that getting an H visa means abandoning the AOS. My 485 was denied and had to get H1/H4 for me/my wife. Now we again have AOS, but i still have H1 and plan to enter on H1 if have to re-enter US after a trip abroad. There are hundreds of folks on this forum who extend/stamped their H1/H4 even when they had AOS.
commenting/guessing on a situation without the knowledge of the related law/rule could mis-lead the poster. This is not meant to be a criticism, just a suggestion.
Again - please consult a lawyer
Just like one can have both H1 as well as AOS, the dependant can also have H4 and AOS at the same time. There is no law/rule that even remotely suggests that getting an H visa means abandoning the AOS. My 485 was denied and had to get H1/H4 for me/my wife. Now we again have AOS, but i still have H1 and plan to enter on H1 if have to re-enter US after a trip abroad. There are hundreds of folks on this forum who extend/stamped their H1/H4 even when they had AOS.
commenting/guessing on a situation without the knowledge of the related law/rule could mis-lead the poster. This is not meant to be a criticism, just a suggestion.
nlssubbu
12-09 03:01 PM
There is no clear indication from USCIS regarding how long you have to stay to prove your intent. Some say even the very next day you can move on to a different company, some would like to be cautious and would like to wait for 6+ months before moving to another company.
If the company is not willing to pay you when you are on 'bench' then get the information in writing for future and move on. If you do not want to raise a red flag during citizenship application, this will help you at that time.
Thanks
If the company is not willing to pay you when you are on 'bench' then get the information in writing for future and move on. If you do not want to raise a red flag during citizenship application, this will help you at that time.
Thanks
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