Gigantic697
10-12 09:33 PM
She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.
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cortel
09-20 10:40 AM
To be honest, I am not happy with the NPR feature. Here is why: in the minds of most people, skilled immigrants just come here in masses, and within a blink of an eye, they get their green cards. They don't know how long and bothersome the way to an employment-based green card is. The feature focuses on letting more skilled immigrants come to the US, and having more green cards available without a mention of the problems with the current process. That means: they missed that we all are already here, and have been waiting for years to finally have our green card approved. I think it'll be misunderstood by all who don't know anything about the process. So in a way: this is an opportunity missed for disseminating more information about our situation. (Also, I bet that the picture posted was not taken at our rally.)
Phat7
10-20 08:34 AM
Thanx dessoya ;) you were good, it was tough :)
2011 Nicki Minaj - Roman#39;s Revenge
sunderbans
04-07 06:37 PM
Hi
I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.
Please let me know thanks
I would like to know what you had filled in DS 160 application. Have you ever been refused visa or admission withdrawn application. Is it Yes or No. My spouse h4 (I 539)was denied as I 94 was expired hence leaving country for H 4 stamping.
Please let me know thanks
more...
Jimi_Hendrix
11-28 10:21 AM
Just because you get more visa numbers does not guarantee gc. USCIS efficiency is going down the drain.
mzdial
March 28th, 2004, 11:28 PM
Here was my shot from this evening's game..
Staring off into space, Steve wonders about life, the future, and the outcome of the game.
Staring off into space, Steve wonders about life, the future, and the outcome of the game.
more...
ChainReaction
06-18 12:41 PM
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
2010 nickiminaj.png · 500x491px
indiablues
12-26 10:08 AM
Pappu - thanks for the quick reply.
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank you for joining IV.
IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.
You can get all the information from our website and know about the problems people face during the greencard process from
http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
and how we are working to solve those problems
http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank you for joining IV.
IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.
You can get all the information from our website and know about the problems people face during the greencard process from
http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
and how we are working to solve those problems
http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54
more...
ajju
02-28 01:33 PM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...
Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...
Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...
But you must check with lawyer...
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...
Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...
Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...
But you must check with lawyer...
hair of “Roman#39;s Revenge” I#39;m
desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
vsoni
03-31 10:05 AM
This is strange � I was in the same situation you are now few months ago. I had expired visa from company A and I change to company B �six month ago I got visa stamped by Halifax Canada office. I had company visa expired less then one year. I don�t have any AP at that time, may be I am lucky.
I don�t know if any rules changed since then.
I don�t know if any rules changed since then.
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pappu
09-22 02:07 PM
I'd like to think it was our media campaign letters that did it :)
Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.
Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.
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house Nicki Minaj and Pooch Hall at
desi3933
06-22 09:50 AM
[QUOTE=desi3933][COLOR="Blue"]1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
I have answered this question in my last post (#1 in post). Here we go again --
By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
I have answered this question in my last post (#1 in post). Here we go again --
By working on EAD she will be on AOS Pending status. In order to change to H4 back again, she needs to go out of country and re-enter US on H1 visa on or after Oct 1st.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
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MetteBB
05-11 01:48 PM
Here's the new pear...
only little adjustments
only little adjustments
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cygent
01-06 01:25 PM
Thank you for your kind words Everybody!!
gc28262: I don't think $485 on AOS is out of the question! It feels like I have been infused with energy and so am able to better focus on career/future.
seahawks: True
pappu: You are welcome
gc28262: I don't think $485 on AOS is out of the question! It feels like I have been infused with energy and so am able to better focus on career/future.
seahawks: True
pappu: You are welcome
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LostInGCProcess
10-24 01:18 PM
Are you sure it is 90 days, i think it is 180 days and above. Since visitor visa is 6 months max, most are not eligible to apply. After 9/11 my parents had to postpone their return by a month, we had a valid extension etc. My CPA told me that since i had filled out a sponsorship letter to support their visa application, it would create a hassle for my parents during reentry. I did not want to complicate things so i did not claim them.
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.
My friend is a GC holder and he claims his parents as dependents when they stay for more than 180 days. He has had no issues so far. As far as i know, I have yet to see a case where people have run into issues for claiming parents as dependents.
It has to be 180 days. But you can give it a try...the worst case scenario is, IRS would reject the 'dependent' claim and you may have to pay whatever difference in tax..
I got it and my parents stayed for 5 months and 2 weeks. It was <180 days and IRS accepted it.
more...
makeup Nicki Minaj aka Roman Zolanski
rajenk
02-11 03:57 PM
I-485 RFE details.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
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gc_kaavaali
06-18 05:25 PM
You are fine!!! just be prepared for the Visa. Collect all the documents needed for VISA. Don't forget Tax returns.
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
Hi,
I came to US in 2004, my H1 visa was sponsored by cognizant technology solutions. H1 was valid from Nov 04 to Dec 06. later on my I 94 was extended from Dec 06 to July 09 .
I changed company and joined wipro in Aug 08 and now my I 94 is now valid till July 2010.
I have never gone back to India for a visit ever since I landed in US (2004)..I now want to go to India for few months and have read that i'll have to get my visa stamped before reentering US...
My question is if i'll have any problems with visa stamping because I was originally working with cognizant and am now working with wipro?..Am I out of status since my original visa expired in 2006 ?...pls help
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same_old_guy
06-26 02:20 PM
Could you please point out the section where it says dual intent for H1 will be removed ?
dilipb
02-09 09:56 PM
PD should be current at the date of approval too.
Are you sure about this statement?
Can some more experienced members can back the above line.
Because as per current slow trend PD is never ever going to be current!
Are you sure about this statement?
Can some more experienced members can back the above line.
Because as per current slow trend PD is never ever going to be current!
desibechara
08-02 11:21 AM
Well few comments:
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
So I guess I will have to really hunt someone who worked there. But I do remember that one of my friends who had worked abroad and showed experience abraod for LC was asked about the letter as RFE but in his reply he said he could not..and some time in march he got the approval..I guess he was lucky! That was the reason I thought I could..
Anyway for not to waste time in RFEs I might as well get the letter!
DB
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
So I guess I will have to really hunt someone who worked there. But I do remember that one of my friends who had worked abroad and showed experience abraod for LC was asked about the letter as RFE but in his reply he said he could not..and some time in march he got the approval..I guess he was lucky! That was the reason I thought I could..
Anyway for not to waste time in RFEs I might as well get the letter!
DB
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