thakkarbhav
11-17 12:31 PM
I believe that from I 485 stage both cases (Primary applicant and dependant) are different. Primay applicant can be on H1-B or EAD for work purpose but the immigration status will be AOS.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.
sheshadripv
12-13 12:02 PM
Hey mind your language. I just wanted a prompt answer. If you don't know about L1 visa, you don't need to reply.
Thanks,
Sheshadri
Thanks,
Sheshadri
fatjoe
10-24 02:20 PM
I was told that, if we do not see any activity for 90 days, then we can contact USCIS to raise a Service Request.
bluekayal
10-22 12:25 PM
^^^bump ^^^^bump
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istrategist
03-15 12:25 PM
Still hoping to hear back with some suggestions / pitfalls / things to be careful about.
Any help greatly appreciated - thanks!
Any help greatly appreciated - thanks!
srikondoji
06-18 08:46 AM
Impatience?????
What are you trying to convey? Are you saying we should not write up stories?
If so think again.
This is a right time to do it.
I did not say that nor even remotely meant that.
We should try and do all things that can improve our chances of success.
--sri
What are you trying to convey? Are you saying we should not write up stories?
If so think again.
This is a right time to do it.
I did not say that nor even remotely meant that.
We should try and do all things that can improve our chances of success.
--sri
more...
imv116
03-02 02:13 PM
Yes, just as InTheMoment has said H1 option does exist, but chances are more with EAD.
It�s not like we switching jobs. Good univ, good program and good place go a long way in there career. To spend 3-5 years in a residency and another 2 years in a fellowship program, I think one has to be serious about what they choose.
Note like we got a rank and have to take-up what ever is offered.
EAD for H4 would have been the best things to happen, at least in light providing the same for L1.
It�s not like we switching jobs. Good univ, good program and good place go a long way in there career. To spend 3-5 years in a residency and another 2 years in a fellowship program, I think one has to be serious about what they choose.
Note like we got a rank and have to take-up what ever is offered.
EAD for H4 would have been the best things to happen, at least in light providing the same for L1.
StuckInTheMuck
05-04 04:49 PM
ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?
Just imagining what the details of the RFE could be?
Interesting thought :) I will share with you (maybe in the "Lighten up" thread) if something witty pops in my head.
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thank you, Rangan, for your input. I guess you are thinking of transit visa. Yes, many European airports require such a visa if H1 folks have an expired stamp on their passports. My travel agent assured me I do not need this visa at FRA (I have GC).
Just imagining what the details of the RFE could be?
Interesting thought :) I will share with you (maybe in the "Lighten up" thread) if something witty pops in my head.
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thank you, Rangan, for your input. I guess you are thinking of transit visa. Yes, many European airports require such a visa if H1 folks have an expired stamp on their passports. My travel agent assured me I do not need this visa at FRA (I have GC).
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dpp
08-18 04:40 PM
Speculation is always part of one's life. We want to know our future options, that's why we speculate. Some speculations are deduction from facts and some are just inference. We cannot avoid speculating. What we can do is trying to know which speculation is nearer to the truth and which ones are not.
Ok. keep speculating... enjoy with that.
Ok. keep speculating... enjoy with that.
Shivani
02-23 10:54 AM
Hello Sir,
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
more...
kris04
08-07 08:56 PM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
how big is your employer, any decent HR software should have compliance system that can handle this legal status issue
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
how big is your employer, any decent HR software should have compliance system that can handle this legal status issue
raysaikat
07-11 01:06 PM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
more...
viva
12-17 10:53 PM
test
ItIsNotFunny
11-12 11:38 AM
This is simply called pure selfishness.
The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).
Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
Redgreen,
Let me clarify couple of things.
1. This is highly widespread issue. It affects you, me and everyone. If you didn't pay enough attention on whats going on, its your problem.
2. Yes, NK2006 has put multiple threads and you are annoyed. But who are you saying this is misuse of IV resources? What is your contribution in action items and IV activities? I am not talking monetory part but activeness. If you are not contributing, you should not care about organization resource right?
I hope you learnt that its OUR organization. Any problem we are discussiing is OURs. Not your and mine.
Please forgive NK2006 for multiple threads and try to pay attention on real problem. If you still didn't understand depth of problem, PM me, I will give my contact numbers and we can talk at leisure.
The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).
Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
Redgreen,
Let me clarify couple of things.
1. This is highly widespread issue. It affects you, me and everyone. If you didn't pay enough attention on whats going on, its your problem.
2. Yes, NK2006 has put multiple threads and you are annoyed. But who are you saying this is misuse of IV resources? What is your contribution in action items and IV activities? I am not talking monetory part but activeness. If you are not contributing, you should not care about organization resource right?
I hope you learnt that its OUR organization. Any problem we are discussiing is OURs. Not your and mine.
Please forgive NK2006 for multiple threads and try to pay attention on real problem. If you still didn't understand depth of problem, PM me, I will give my contact numbers and we can talk at leisure.
more...
chanduv23
02-09 02:40 PM
willgetgc2005
Check this Out:
Q. How do I make a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.
Your name and address,
The attorney�s or representative�s name and address,
An explanation of the circumstances and details of your complaint, and
Your signature.
Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:
Correspondence between you and your attorney or representative,
Documents concerning the underlying immigration case (including the case name and number), and
Copies of filings in connection with the case.
Neither EOIR nor DHS can accept complaints over the telephone.
Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
=======================
Thanks a ton for the link. This will definitely bring shivers to those belligerant lawyers.
Check this Out:
Q. How do I make a complaint against my attorney or representative?
A. If the complaint concerns the conduct of an attorney or representative in a matter before the Immigration Court, BIA, or DHS, you may complete a Form EOIR-44, �Immigration Practitioner Complaint Form� but it is not required. You may write your own complaint statement or letter. This statement or letter must include.
Your name and address,
The attorney�s or representative�s name and address,
An explanation of the circumstances and details of your complaint, and
Your signature.
Along with your Form EOIR-44 or your own complaint statement or letter, you may also submit supporting documents and information, such as:
Correspondence between you and your attorney or representative,
Documents concerning the underlying immigration case (including the case name and number), and
Copies of filings in connection with the case.
Neither EOIR nor DHS can accept complaints over the telephone.
Source: http://www.usdoj.gov/eoir/press/00/profcondfaks.htm
=======================
Thanks a ton for the link. This will definitely bring shivers to those belligerant lawyers.
seahawks
10-29 12:22 PM
Follow the instructions that they provided to you and to the P.O box provided by them. Your attorney should have the information on how to go about this. Also provide a small write up with the refiling stating that refiling due to missing signature and put include receipt reference number and details. I think you should be okay.
Again I am not an attorney but please make photocopies of all correspondence before you send it again.
Again I am not an attorney but please make photocopies of all correspondence before you send it again.
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Sreenuuk
08-07 09:24 AM
August Visa Bulletin is out.
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
EB2 - Jun 1 2006 (Unchanged) for India/China
EB3 - Unavailable.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4310.html
ossidon
06-25 02:08 PM
^^^^^^
Good Initiative psaxena. Count me in !
Good Initiative psaxena. Count me in !
sunnymit
08-10 01:45 PM
Hello,
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
Indian marriage certificate is fine. I am curious though.. How did you intend to register the marriage in US? The only way I know is that you will need to get married here in US to get a marriage certificate here. No?
My fiancee and I got married in India in May 2010 and have a marriage certificate. I came back in June 2010 to US and she stayed back in India. On August 8th 2010 my I-485 got approved. However we have not yet registered our marriage in US (however it is registered in India). Will this be a problem? Did we need to register our marriage in US prior to August 02 2010 for us to be able to file for her green card using derived status? Or is marriage registered in India fine.
I really really appreciate a response.
Indian marriage certificate is fine. I am curious though.. How did you intend to register the marriage in US? The only way I know is that you will need to get married here in US to get a marriage certificate here. No?
YesWeWillGet
09-09 06:42 AM
One of my friend was successful porting his May 2004 priority dated EB3 to EB2. The entire porting process took three months for him to obtain Perm based LC and I-140 approvals.
Pagal
12-09 10:54 AM
Hello,
The campaigns are never wasted ... agreed that we are small in numbers, but it is all the more reason to strengthen the campaigns.
The campaigns are never wasted ... agreed that we are small in numbers, but it is all the more reason to strengthen the campaigns.
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