Desi_Hydrabadi
02-20 03:56 PM
GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.
Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??
Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??
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anantc
01-29 09:27 AM
Hi,
my wife has received EAD and she also has H4 status. If she travels on H4 and get it stamped in India , can she work on EAD when she comes back?
Kindly request your help,
Anant
my wife has received EAD and she also has H4 status. If she travels on H4 and get it stamped in India , can she work on EAD when she comes back?
Kindly request your help,
Anant
coopheal
09-07 03:17 PM
Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:
Yes where is my green card?
Yes where is my green card?
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aps
01-07 12:13 AM
is it possible to get answer to this question by infopass?
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aravindhome
04-29 01:02 PM
Hey.. Congratulations on the engagement.... the way I see it, there are a couple of options for you.. not entirely from a legal perspective.. just practical solutions.....
a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....
b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......
c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...
Hopefully, these suggestions come in handy for you....... All the very best....
a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....
b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......
c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...
Hopefully, these suggestions come in handy for you....... All the very best....
amsgc
06-20 09:43 PM
Your interpretation of the original poster's statement and your bottom line assertion are both incorrect.
The original poster has said that s/he has a valid visa till 2010. Even if s/he has the I-94 that came with the H-1B approval notice (assuming they did a change/extension of status), that I-94 doesn't define the status of the benficiary once s/he leaves and re-enteres the country.
What matters is the Class of admission and duration of status on the most recent I-94, not just any I-94.
S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.
The original poster has said that s/he has a valid visa till 2010. Even if s/he has the I-94 that came with the H-1B approval notice (assuming they did a change/extension of status), that I-94 doesn't define the status of the benficiary once s/he leaves and re-enteres the country.
What matters is the Class of admission and duration of status on the most recent I-94, not just any I-94.
S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.
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desi_voice
05-02 07:39 PM
Guys,
My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.
@bbct
I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.
@mckottayam
IO did the correct thing for you by giving I-94 validity date based on your extended I797.
Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.
My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.
@bbct
I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.
@mckottayam
IO did the correct thing for you by giving I-94 validity date based on your extended I797.
Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.
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laborfd
07-27 09:47 AM
Guys,
I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.
Leave a comment at the blog and let me know what else could be improved.
http://immisearch.blogspot.com/
-Vikram
Cool, good job, very useful :)
I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.
Leave a comment at the blog and let me know what else could be improved.
http://immisearch.blogspot.com/
-Vikram
Cool, good job, very useful :)
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acecupid
08-21 05:51 PM
Did you file directly to NSC or TSC?
DAte, time etc.
Thanks in advance!
Applied at NSC and was received on 16th July at 9:30am
DAte, time etc.
Thanks in advance!
Applied at NSC and was received on 16th July at 9:30am
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JunRN
12-28 09:32 AM
Delete your cookies. Hit the "back" button showed on the USCIS page (not the "back" button of your internet browser) and then, try it again.
That should work.
That should work.
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dpp
01-07 08:25 PM
B. Provisions in Cases of Revocation of the Approved Form I-140
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
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snaidu
05-29 04:11 PM
AVS channel has an indian program every saturday starting 10am -12.00pm
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
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paulinasmith
08-10 09:05 PM
I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....
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minimalist
04-12 10:40 PM
Do we really need to attach a copy of the front page of the passport for AP renewal, wouldn't a copy of the DL be sufficient enough?
No need for passport front page.
No need for passport front page.
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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
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immi_2006
01-16 01:21 PM
I may be wrong but i read on murthy that in the 6 years of H1 if you are out of the country for few days/months/years you can file H1B as a new H1 claiming missed days/months/years. (note: your H1 will be valid for only those missed period and not another 6 years) If it is for few days/weeks it is not worth to file for recapturing.
This option was given in murthy.com for people who are on EAD and then their 485 application gets rejected. In order to extend their status for few more months they can apply for recapturing of missed period.
This option was given in murthy.com for people who are on EAD and then their 485 application gets rejected. In order to extend their status for few more months they can apply for recapturing of missed period.
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jasmin45
08-08 04:36 PM
Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
It sounds a cake walk from your response, What if there is an RFE after 180 days on your sponsor/employer? You missed the point that GC is for future employment with the sponsor. There are certain situations where employee can invoke AC21 and get the protection against employer initiated termination etc. If you do not work for extended period.. no matter whether it is with in 180 or not.. USCIS may anytime during adjudication, question your intention for GC.
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dingox100
04-20 08:44 PM
my EAD is about to expire on may 6th. I applied for EAD renewal in january , i had around 90 days. My application package along with the cheque came back to me after 1month because I forgot to sign the application form.. Dumb right....
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
Then i signed my form and send it back to TSC . So i was in a bad situation becuase my employer said if i do not get my EAD card before it expires, they will have to lay me off. So here is what i did , i contacted my local Congressman's office through their website and raised a request to expedite my case and stated if i do not get my EAD i will loose my job.
Surprisingly i got a mail from the congressman office that they are looking into my case and they will take it forward... and after a week i got a mail from USCIS saying my case is approved . So if someone is in my kind of situation its better to go through congressman or senator rather than info pass all that route.. Politics and politicians speak in a different language and so it always wins!!!
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abhijitp
03-06 08:15 PM
Will scan and send on Monday.
Thanks for taking the initiative! Go IV!
Thanks for taking the initiative! Go IV!
Be_Pragmatic
07-23 05:35 PM
It varies from state to state based upon which money pool is used to pay the beneficiaries, but it is wise to not to go for it. You will show up as social burden at the time of adjudication and may affect the IOs descision while granting you the AOS approval or not.
Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.
OK, thanks much for your suggestion. I'll consult my attorney before plunging in.
Its my 2 cents. You may wanna talk to your attorney before even thinking about filing for such benefits.
OK, thanks much for your suggestion. I'll consult my attorney before plunging in.
javadeveloper
07-21 12:44 AM
thanks tinamatthew for your time and answers,
yeah it's fair law for those who re enters into usa , but not for those who lived in US for many years and have few gaps in employment.Anyhow it's a real scenario and it's my case.I gave all W2s to my company and I am not sure whether they submitted all the W2s or not , I need to check with them.I am much worried about how to proceed if my company sends all w2s to CIS and if CIS sends me RFE/NOID.I am also in dilemma to whether to consult any lawyer or not (My company uses corporate lawyers and I can't contact them directly) , even if contact any good lawyer , I am not sure if i have any options left.There are many unanswerd questions :mad: .Thanks again.
yeah it's fair law for those who re enters into usa , but not for those who lived in US for many years and have few gaps in employment.Anyhow it's a real scenario and it's my case.I gave all W2s to my company and I am not sure whether they submitted all the W2s or not , I need to check with them.I am much worried about how to proceed if my company sends all w2s to CIS and if CIS sends me RFE/NOID.I am also in dilemma to whether to consult any lawyer or not (My company uses corporate lawyers and I can't contact them directly) , even if contact any good lawyer , I am not sure if i have any options left.There are many unanswerd questions :mad: .Thanks again.
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