conundrum
02-01 07:05 AM
Keep all your documents ready and apply for ur wife as soon as your PD becomes current.
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chanvizgran
03-05 08:50 PM
My wife got RFE on her pending 485 case. But that document is gone to old address. Some how address didn't get updated on my wife's file. Now problem is we r plannng to goto india on mar 13th and she is returning back in jun. Can i ask USCIS to send it agian that document and how many days they will give for reply back. Please advice.
lazycis
02-18 04:27 PM
"The spouse and children of a person who has previously immigrated to the U.S. may be entitled to obtain an immigrant visa at a later date. If you would like to see if you are eligible for follow-to-join status, please send us (consulate in India) a copy of the principal applicant's permanent resident card or I-551 or a copy of the principal applicant's passport pages indicating admission to the U.S. as an immigrant. Please also submit a copy of your birth certificate and/or marriage certificate. The documents must come with a letter of request clearly indicating the name of the applicant(s) and all relevant contact addresses and telephone numbers. Once the Immigrant Visa Unit has determined you are eligible for follow-to-join status, we will contact you and provide instructions on how to apply for the visas."
In this case baby would qualify for follow-to-join visa.
I do agree with wandmaker that having child in the US is much much more preferable.
In this case baby would qualify for follow-to-join visa.
I do agree with wandmaker that having child in the US is much much more preferable.
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CrazyBoys
01-31 11:50 PM
Normally VISA bulletine gets advertised atleast 15-20 days before date becomes current. You can apply for your wife's I-485 during that time (Mostly from 1st day of the month). I don't know there is any grace period after I-485 is approved. It is better to file for I-485 as soon as date gets current to avoid any risk.
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GCNirvana007
04-08 05:23 PM
This is unreal !!.
I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.
By the way, Gangutoleogleoddl or whatever - No , absolutely no time to reply to your irrelevant talk. Infact its a waste to read your post.
Reddog, GCPool - hats off to you guys staying sane over here.
Good luck everybody.
I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.
By the way, Gangutoleogleoddl or whatever - No , absolutely no time to reply to your irrelevant talk. Infact its a waste to read your post.
Reddog, GCPool - hats off to you guys staying sane over here.
Good luck everybody.
gcdreamer05
11-20 11:13 AM
Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
Affect immigrants in a positive way right :confused:
Meaning they will take some steps to reduce backlog or icnrease visa numbers (HR5882)
or is it going to go in negative direction.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
Affect immigrants in a positive way right :confused:
Meaning they will take some steps to reduce backlog or icnrease visa numbers (HR5882)
or is it going to go in negative direction.
more...
prem_goel
03-07 08:06 PM
Hello Ann,
I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.
Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.
I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.
Please advise,
Thanks
P
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.
Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.
I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.
Please advise,
Thanks
P
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
2010 Call of Duty: Modern Warfare 2
tinku01
09-17 06:46 PM
Hi,
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
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rsdang
08-25 02:06 PM
I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
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gcsim
06-12 10:11 AM
Hi All,
I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.
I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.
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alterego
04-12 08:39 PM
Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.
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Anders �stberg
March 15th, 2004, 04:30 AM
I'm a geek and like tech toys a lot, but when it comes to phones I just want it to be a good phone. I don't want it to include a poor PDA, or a lousy camera. I can see how it could be handy for some people and a fun toy for others, but personally I prefer to carry separate and fully functional phone, Palm Pilot and camera. It's great if they communicate though. I did get a new phone recently because I like the Bluetooth concept, for a wireless headset and for dial-up from my Palm or laptop. Other than that I don't like any of the new features yet. On top of being fiddly to use and low quality the prices here for using any picture or video based services are silly. It also often requires you to sign up for at least a year with a phone that's locked to a specific operator, even after the contract expires, a business model I really don't like.
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nlalchandani
05-29 11:09 AM
Is there any specific time the appointments show available..IST or CST..Maybe they have a batch job that runs and makes appt available ..
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grupak
11-26 04:42 PM
To all IV members (and others), who have decided not to participate in the rally due to various reasons, I request you to give a very serious thought, and consideration, before reaching the final decision.
WD, I will either participate in the rally if my schedule allows it (I teach) or contribute towards it.
WD, I will either participate in the rally if my schedule allows it (I teach) or contribute towards it.
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desi3933
02-26 06:04 PM
Original LCA salary is like 58k and current one is 40k
Odd are that you are out of status and this may prevent you seeking another change of status.
Please consult your attorney.
_________________
Not a legal advice.
Odd are that you are out of status and this may prevent you seeking another change of status.
Please consult your attorney.
_________________
Not a legal advice.
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piyu7444
05-11 01:56 PM
Job Title has to be same. Detail description does not matter. So if you are say "Computer System Analyst", new job should have same title. Duties do not matter. Higher salary is OK. No problems there. I-140 if revoked by previous company does not harm.
Good Luck. I am also using AC21.
Please ask your lawyer once again as what I have read on IV or any other website about AC21 is that job title does not matter but job descriptionduties is what matters..........This is the first time I am reading that Job title has to match.........and if thats true ( I dont think its true) then a lot of people will be screwed coz 99% of time even if its the same job no 2 companies will have the same job title..........
Good Luck. I am also using AC21.
Please ask your lawyer once again as what I have read on IV or any other website about AC21 is that job title does not matter but job descriptionduties is what matters..........This is the first time I am reading that Job title has to match.........and if thats true ( I dont think its true) then a lot of people will be screwed coz 99% of time even if its the same job no 2 companies will have the same job title..........
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amitga
04-27 06:00 PM
Hagel Introduces Legislation to Deal with Illegal Immigrants Living in the U.S.
So, on the Illegal side we have:
Senate Bill: Hagel with The Immigrant Accountability Act of 2007
House Bill: Flake with the STRIVE
On the Legal and High-Tech side we have:
Senate Bill: Cornyn with SKIL Bill
House Bill: Shadegg with SKIL Bill
Senate Discussion: Last two weeks of May 2007.
Let the engines start.
Are they going to discuss all the bills in last week of May or just the Hagel Bill.
So, on the Illegal side we have:
Senate Bill: Hagel with The Immigrant Accountability Act of 2007
House Bill: Flake with the STRIVE
On the Legal and High-Tech side we have:
Senate Bill: Cornyn with SKIL Bill
House Bill: Shadegg with SKIL Bill
Senate Discussion: Last two weeks of May 2007.
Let the engines start.
Are they going to discuss all the bills in last week of May or just the Hagel Bill.
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roxychaney
03-02 11:39 AM
Just out of curiousity, does traditional painting qualify?
o yea, guess i should have asked this before posting!
o yea, guess i should have asked this before posting!
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FinalGC
04-01 11:16 AM
You are technically getting into the EAD track and not H1 track. There will not be any issues during adjudication, however make sure the new W2 work using EAD is similar to your job profile defined in the LC.
The only problem that may come(worst case scenario) is that if ever there is a mess up by USCIS on your case or your records are incorrect or if your case is rejected.....then you could become illegal, since u r on EAD. However, being in H1 and working for the desi consulting company...would be the safest bet, until you cross the GC bridge
The only problem that may come(worst case scenario) is that if ever there is a mess up by USCIS on your case or your records are incorrect or if your case is rejected.....then you could become illegal, since u r on EAD. However, being in H1 and working for the desi consulting company...would be the safest bet, until you cross the GC bridge
arihant
10-26 09:37 AM
I am not referring to the receipt notice. I am talking about the actual approval notice. I need to know this so that I can plan for Visa appointments.
r2i2009
05-18 01:59 PM
Bullcrap....EB3 will become "U" in next one.
Too many Desis....too many competition for visa numbers....EAD is my GC for next 5 yrs.
Too many Desis....too many competition for visa numbers....EAD is my GC for next 5 yrs.
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