fcres
07-12 04:43 PM
I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.
This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.
This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.
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AB1275
12-12 01:03 PM
I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.
reddymjm
05-21 04:46 PM
Hi,
I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.
USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.
If you are working on EAD and if you do not get your new ead 10 days prior to the expiry of the old one please take an infopass and they will email the IO working on it to approve. Couple of my friends did that and got their approvals in a day or two.
I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.
USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.
If you are working on EAD and if you do not get your new ead 10 days prior to the expiry of the old one please take an infopass and they will email the IO working on it to approve. Couple of my friends did that and got their approvals in a day or two.
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gk_2000
01-27 02:43 PM
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
Never late or early in life. Learn as much as I can about the concepts I care about, and when I move on, use my learnings at later time, opportunity or place
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
Never late or early in life. Learn as much as I can about the concepts I care about, and when I move on, use my learnings at later time, opportunity or place
more...
satishku_2000
06-03 04:32 AM
Keith Ellison, Congressman from MN was in Milwaukee, WI today.
I had a chance to meet with him on a small gathering for his fund raiser.
He is a member of Judiciary commitee.
We asked him questions on how to become more active in Politics, how Congress works etc etc.
He gave a good example:
He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
And if one kid is shy and does not say anything then he is not going to get anything.
Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
So when they vote they know that what are issues for legal immigrants.
If you don't then you won't get anything. It is that simple.
thanks,
engineer
Hey
buddy nice post , did u get a chance to discuss any of our issues with the congressman?
I had a chance to meet with him on a small gathering for his fund raiser.
He is a member of Judiciary commitee.
We asked him questions on how to become more active in Politics, how Congress works etc etc.
He gave a good example:
He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
And if one kid is shy and does not say anything then he is not going to get anything.
Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
So when they vote they know that what are issues for legal immigrants.
If you don't then you won't get anything. It is that simple.
thanks,
engineer
Hey
buddy nice post , did u get a chance to discuss any of our issues with the congressman?
styrum
03-14 02:09 PM
hello,
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
No, she doesn't need a EU/German visa if she doesn't leave the "transit area". She can get so called "airport visa" from a German consulate if she has more time between flights and wants to go see the city or spend a night in a hotel.
My relatives had to spend a night on the way from Russia on benches there, because they didn't have a visa and couldn't get out of the "transit zone". But they were OK with that. The "zone" is pretty large. You can buy food, but as for rest, all there is there are benches.
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
No, she doesn't need a EU/German visa if she doesn't leave the "transit area". She can get so called "airport visa" from a German consulate if she has more time between flights and wants to go see the city or spend a night in a hotel.
My relatives had to spend a night on the way from Russia on benches there, because they didn't have a visa and couldn't get out of the "transit zone". But they were OK with that. The "zone" is pretty large. You can buy food, but as for rest, all there is there are benches.
more...
sac-r-ten
03-22 11:03 AM
Thanks Sac-e-ten,
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
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RiaonH4
01-18 11:13 AM
Cool. Thanks for your replies. One more question. Are you guys currently in US and have applied 485. How do i use Canadian citizenship and 485 pending to maximize my opportunities in us and also have Canadian citizenship as a backup?
Ria
:D
King37 sent you a PM
Ria
:D
King37 sent you a PM
more...
royus77
06-20 04:54 PM
Yes. You can go for H1b stamping even though you applied for 485 . Not sure above your 2 ns Question
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sixburgh
08-13 11:01 AM
Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.
Exactly.
I should be fine!
I renewed it for the reason that for any reason her 485 gets cancelled, since she will always have an approved H4, she can atleast go to India, get an new H4 stamp and re-enter
Than going out of status completely.
Isnt that a good plan?
But no, someone is scaring me, is all.
I do hope that more experts read this thread and concur with me OR atleast tell me any corrective action.
My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.
Exactly.
I should be fine!
I renewed it for the reason that for any reason her 485 gets cancelled, since she will always have an approved H4, she can atleast go to India, get an new H4 stamp and re-enter
Than going out of status completely.
Isnt that a good plan?
But no, someone is scaring me, is all.
I do hope that more experts read this thread and concur with me OR atleast tell me any corrective action.
more...
pappusheth
05-01 11:40 PM
I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.
Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
Thanks.
pappusheth
Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
Thanks.
pappusheth
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immi_enthu
12-28 10:07 AM
I have three friends waiting for I - 140 approval whose date are between Feb 16 - 22, 2007 and all are still waiting for approvals. online status show case pending. And dates in NSC shows April 6, 2007.
This is not the first time. It's so frustrating . Well, that's USCIS for you.
This is not the first time. It's so frustrating . Well, that's USCIS for you.
more...
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amsgc
04-22 07:47 PM
Is there a document, from the DOL or USCIS, that explains what is a Metropolitan statistical area within which a labor is valid?
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
I asked one of the attorney's on IV forum in a chat session and she said it is generally the county. Anybody here who can throw more light on this and provide some DOL/USCIS links to references?
Thanks.
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psaxena
06-22 04:04 PM
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
more...
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bluekayal
03-18 02:50 PM
I wonder if my child who only has ITIN will get the $300..probably not ...Waste of money to apply for EAD for a 10 yr old!
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GCEB2
09-21 10:33 AM
thanks mnhatim....The information is helpful. How about bay area side do you know any affordable places. Also any other websites i can browse threw.
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hebbar77
06-23 02:37 PM
White House Says Immigration Reform Unlikely in �09 - Roll Call (http://www.rollcall.com/news/36115-1.html)
I thought this was obvious!
I thought this was obvious!
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answers_seeker
09-07 09:49 AM
What do u think big companies who cannot sponsor L1 ( have to be with the firm for atleast an year ) do in situations like this.
They sponsor H1 and send them to work here on shorter / longer durations.
So in your case, though you are technically working for ABC, Canada you are still working for ABC per se. This means your visits to the US on your valid H1b will have to be on your company's business.
The catch here is that..at the end of your gc process road, you should be employed by ABC in US. So plan on coming back by that time..
They sponsor H1 and send them to work here on shorter / longer durations.
So in your case, though you are technically working for ABC, Canada you are still working for ABC per se. This means your visits to the US on your valid H1b will have to be on your company's business.
The catch here is that..at the end of your gc process road, you should be employed by ABC in US. So plan on coming back by that time..
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meridiani.planum
06-02 12:13 PM
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).
nat23
03-14 02:19 PM
hello,
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.
To answer your question: You DONT need a transit visa if you have a valid US visa.
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.
To answer your question: You DONT need a transit visa if you have a valid US visa.
amsgc
06-15 11:46 PM
WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.
If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.
I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.
Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!
If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.
I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.
Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!