sathish_gopalan
07-19 12:27 AM
I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
perm2gc
07-13 12:08 PM
I had to generate paystubs for my wife from Jan 07 to May 07 due to recent USCIS goof up. She started working from May 07. However all the paystubs generated ( 5) , have a pay period from 05/01 - 05/31 and pay date is 07/11
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
what do you mean by USCIS goof up...if your wife had job..her employer might have generated pay stubs.The pay stubs your employer generated are illegal as per IRS..Don't try to over smart and send them to USCIS as they are cross checking with IRS.
Does anyone know if it is ok to have the 5 paystubs with the same pay period. The Lca talks about salary per year. The employers claims that it is ok. What should I do in this case. Any suggestions are highly appreciated.
what do you mean by USCIS goof up...if your wife had job..her employer might have generated pay stubs.The pay stubs your employer generated are illegal as per IRS..Don't try to over smart and send them to USCIS as they are cross checking with IRS.
FinalGC
03-30 10:40 AM
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....
indianabacklog
10-12 11:15 AM
Live in Carmel. Have been locked in this process for almost nine years.
Is there an active state group?
If so please send me a PM.
Is there an active state group?
If so please send me a PM.
more...
ramaonline
12-28 07:23 PM
Note that u can only have passive investments (something like investing in stocks) while u are on H1B - Actively working for your business is not allowed.
sprash
03-02 04:55 PM
I was interviewed by American Public Media's "Marketplace (http://marketplace.publicradio.org/)" regarding my experience with this issue. She introduced this research by Wadhwa asked me I was considering going back, but I am not considering that option. I did highlight the woes of legal immigrants, but while she empathized with our situation, she was more interested in stories of people who are planning to go back.
I think she said this story will be appearing on NPR Monday (today or next, I'm not sure). I don't think my story will be featured though (because of aforementioned reasons).
I think she said this story will be appearing on NPR Monday (today or next, I'm not sure). I don't think my story will be featured though (because of aforementioned reasons).
more...
bbct
04-16 11:21 AM
That really sucks.
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.
I pray sincerely things work out for you. Good luck!
bbct & vin13,
Thank you both for your replies! We are trying to figure out what to do.
She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.
Thanks,
GCisaDawg
sanprabhu
07-17 05:51 PM
Guys -
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.
NumbersUSA is reporting this in their website. Please we need to mobilize soon.
more...
Sakthisagar
06-07 08:44 AM
Hi,
If you are entering Unites States now on H1B then, you should get 3 Years, I think as per law you do not have to extend your visa after 2.5 months. Please discuss this with your company Attorney (Lawyer) regarding this. because if one takes vacation days on H1B that is not counted on 3 years of H1B so I think you can demand 3 years in stead of extending. because of the administrative mess USCIS does why one suffer?
All the very best to you.
Welcome to the USA
may GOD Bless
If you are entering Unites States now on H1B then, you should get 3 Years, I think as per law you do not have to extend your visa after 2.5 months. Please discuss this with your company Attorney (Lawyer) regarding this. because if one takes vacation days on H1B that is not counted on 3 years of H1B so I think you can demand 3 years in stead of extending. because of the administrative mess USCIS does why one suffer?
All the very best to you.
Welcome to the USA
may GOD Bless
Suva
11-12 04:17 PM
Don't give any suggestion on which you don't have any clear knowledge.
"LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
"LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
more...
shreekhand
08-28 04:42 PM
Actually it completely depends on the attorney. I know a couple of people in my company who changed employers and used the old attorney to file AC21 papers for them! and it is a big employer and a big attorney firm !
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
sobers
06-05 04:38 PM
good job IV!
more...
a_yaja
09-13 10:37 AM
I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
mwin
12-05 04:03 PM
One of my friends with his April, 2004, EB3 PD got his 485 approved.
No wonder they usedup 30% of Visas.
No wonder they usedup 30% of Visas.
more...
rheoretro
11-07 01:20 PM
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?
teachamerica07
08-01 06:04 PM
Will it work if the parole stamp on I 94 has expired ?
Should the stamp be kept valid by travelling out of the country and reentering on AP every year ?
Thanks for your input .
Should the stamp be kept valid by travelling out of the country and reentering on AP every year ?
Thanks for your input .
more...
reddymjm
06-13 05:43 AM
for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.
insbaby
05-04 06:00 PM
Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
There are few steps you have to follow:
1. As the previous post says, report to the nearest police station and get the number.
2. Find which consulate gives service to your state from this URL http://www.indianembassy.org/newsite/consultates.asp
3. Go to their website, and there is an emergency number/lost passport number, call and inform them.
4. You have to fill up the application forms (they will guide you), includes the scanned copies of the old passport and proper fees, overnight to them.
They will process it and issue either a new passport or temporary passport to your father in a quick period of time. It may not be in a week, but surely won't take more than a month.
5. Inform USCIS the same and get guidance from them.
The only issue you have during this process is, he may not be able to travel within US without proper photo ID. You should be ok within your city as he is senior.
Always keep the copy of the scanned passport at hand when going out.
Good luck.
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
There are few steps you have to follow:
1. As the previous post says, report to the nearest police station and get the number.
2. Find which consulate gives service to your state from this URL http://www.indianembassy.org/newsite/consultates.asp
3. Go to their website, and there is an emergency number/lost passport number, call and inform them.
4. You have to fill up the application forms (they will guide you), includes the scanned copies of the old passport and proper fees, overnight to them.
They will process it and issue either a new passport or temporary passport to your father in a quick period of time. It may not be in a week, but surely won't take more than a month.
5. Inform USCIS the same and get guidance from them.
The only issue you have during this process is, he may not be able to travel within US without proper photo ID. You should be ok within your city as he is senior.
Always keep the copy of the scanned passport at hand when going out.
Good luck.
perm2gc
06-23 05:49 PM
If a person tests positive for TB and the chest X-Ray also shows signs of TB the USCIS doctor will send us to the county doctor's office. If they also determine positive result we wil have to start the medication.
1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?
2) Also how long does the medication take?
Thanks
1. You cannot apply without medical record.
2. 9 months is the course time for TB medication.
1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?
2) Also how long does the medication take?
Thanks
1. You cannot apply without medical record.
2. 9 months is the course time for TB medication.
validIV
03-25 01:09 PM
Iam actually not out of status...i will be instatus for 2 more months ....
If my dream of concurrent in 2009...i will be glad to apply 485.
Thanks
You are H-1 and unemployed for 4 weeks? How are you in status?
If my dream of concurrent in 2009...i will be glad to apply 485.
Thanks
You are H-1 and unemployed for 4 weeks? How are you in status?
CaliHoneB
05-04 07:37 PM
Hi Guys,
In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..
From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..
I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
I request IV to incorporate this in their agenda.
Cheers
In my humble opinion simple and easyway to distinguish ourselves from illegal immigrants is to have a premium processing for GC. What ever may be the solutions there will always be backlogs either in Labor or I140 or I485 because we are on the same track as millions of others..
From DOL perspective there is no benefit for them to process our applicatins faster than other applications..or they may simply be lacking resources to treat us as we want them to..
I don't think any high skilled professional would mind paying lilttle extra ( or significantly extra) if the process is certain and fast because once we have the GC we will not be at mercy of employers at the time of raises or need not be stuck in less paying jobs etc..
I request IV to incorporate this in their agenda.
Cheers