yestogc
03-11 03:56 PM
When you enter first time the IO @ POE will take you to a separate room (not for a interogation, but a routine process which they follow) ................ so keep all answers ready as what you will say if they ask (I am sure in todays date they will ask) are you with same employer, do you have a job, do you have recent paystubs and so on.
All I can suggest is do not fumble with words there rather than just be confident in what you speak and if he asks for documents what will you do then.
All I can suggest is do not fumble with words there rather than just be confident in what you speak and if he asks for documents what will you do then.
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kaisersose
07-16 11:52 AM
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.
AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.
Like I said earlier, using EAD does not change the status.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.
AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.
Like I said earlier, using EAD does not change the status.
felix31
01-17 01:43 PM
Here is what we did..
It was back in 2000. We filed my husbands taxes as single. Then we filed W7 and mailed it. Some 3 months later I received ITIN. With that we filed amended return adding me and that was it. Everything is straightforward since then.
It was back in 2000. We filed my husbands taxes as single. Then we filed W7 and mailed it. Some 3 months later I received ITIN. With that we filed amended return adding me and that was it. Everything is straightforward since then.
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pnara2
01-24 10:04 AM
Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??
Thanks,
Prasad.
Thanks,
Prasad.
more...
gclongwaytogo
10-25 11:08 AM
Mine showed up nearly after a weeks time....got the rns from io.....but checks got cleared after two weeks of getting the rns from io...
Hello guys ,
any idea why I cannot find the receipt numbers and its statis on the uscis web site.I obtained the receipt numbers from the back of the cheques that they cashed..
thanks in advance
Hello guys ,
any idea why I cannot find the receipt numbers and its statis on the uscis web site.I obtained the receipt numbers from the back of the cheques that they cashed..
thanks in advance
eb3_nepa
07-21 09:49 AM
EB3_NEPA
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
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lj_rr
07-23 10:10 PM
This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
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gg_ny
08-30 11:54 AM
qualified_trash is correct: call your lawyer and discuss with him or her.
The point to note is this: When you apply for extension, you send your current i-94 copy. After sending the application in, when you travel, you get new i-94 and a new stamp in your passport. After you come back, you get your extension approved. Say you go to get your visa stamped based on your extension approval: if the consular is an astute observer, the fact that you travelled while your petition is pending will become obvious, which may lead to problems. USCIS assumes that you would not be travelling but doesn't USUALLY pause to check it with you. That is the job for the consulars who give you the stamp or those at the port of entry. Most probably, you might be asked to give copies of all the past i-94. In the case of ASHISMAITY it would be interesting to know whether that person got the stamp updated. Of course, the answer is going to add to your confusion unless you ask your lawyer.
The point to note is this: When you apply for extension, you send your current i-94 copy. After sending the application in, when you travel, you get new i-94 and a new stamp in your passport. After you come back, you get your extension approved. Say you go to get your visa stamped based on your extension approval: if the consular is an astute observer, the fact that you travelled while your petition is pending will become obvious, which may lead to problems. USCIS assumes that you would not be travelling but doesn't USUALLY pause to check it with you. That is the job for the consulars who give you the stamp or those at the port of entry. Most probably, you might be asked to give copies of all the past i-94. In the case of ASHISMAITY it would be interesting to know whether that person got the stamp updated. Of course, the answer is going to add to your confusion unless you ask your lawyer.
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pd_recapturing
06-01 06:39 PM
Yes. Chem2 is right. Your salary should be matching with your H1B LCA. GC LCA salary is supposed to be for future job. I also have the same issue and I confirmed it with my lawyer and Others too. Is your I-140 approved ?
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thomachan72
03-31 03:31 PM
Congrats. Don't lose it. Enjoy your freedom.
What about you? your PD is current right? any chance that you will get it soon?
What about you? your PD is current right? any chance that you will get it soon?
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pushkarw
12-21 01:27 PM
Have you contributed to the MILLION dollar drive? Please visit the funding thread!
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fromnaija
12-08 04:52 PM
I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.
AP could be mailed but the applicant MUST be in the USA at the time of application.
AP could be mailed but the applicant MUST be in the USA at the time of application.
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LayoffBlog
01-27 01:32 PM
Pfizer announced Monday that it has signed a deal to acquire the smaller drugmaker Wyeth for $68 billion, and tens of thousands of job cuts will follow.Pfizer spokesman Ray Kerins said that two waves of job cuts would occur in 2009. In the first, Pfizer said it would cut 10% of its 81,900 staff - [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1233&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/26/pfizer-to-lay-off-tens-of-thousands/)
More... (http://layoffblog.com/2009/01/26/pfizer-to-lay-off-tens-of-thousands/)
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unseenguy
05-16 03:14 PM
Choosing Consular processing vs AOS is a very tricky question. Lot of things come into picture:
A) Job security , stability etc. and current & future job prospects.
B) Personal situations such as whether EAD / AP benefits are required.
C) Country of chargeability.
Marking Consular process on I-140:
1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.
For those from retrogressed countries, this option is beneficial if you are far away from your PD.
For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.
Marking I485 on I-140:
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.
So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.
A) Job security , stability etc. and current & future job prospects.
B) Personal situations such as whether EAD / AP benefits are required.
C) Country of chargeability.
Marking Consular process on I-140:
1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.
For those from retrogressed countries, this option is beneficial if you are far away from your PD.
For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.
Marking I485 on I-140:
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.
So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.
more...
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FinalGC
09-15 11:50 AM
How about sending a letter to the President, using the above suggested structure....asking him to pressurize the congressmen to pass 5822 from the House.......so that he can sign that into law before Nov 4 elections....
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Munna Bhai
07-12 07:51 AM
Hello,
Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.
Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
b)What are the other backup plans we can have.
thanks for your time.
-M
Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.
Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.
a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
b)What are the other backup plans we can have.
thanks for your time.
-M
more...
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eilsoe
10-03 01:59 PM
Absolutely horrific...
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sgorla
06-05 06:36 PM
I remember reading in the I-765 instructions that EAD card application should be sent to the service center where I-485 application is pending. So, in your case it could be TSC. If you file your EAD online, the system automatically generates the service center address where your supporting documents need to be sent.
Can someone please respond to my question. Thanks.
Can someone please respond to my question. Thanks.
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davidk
02-16 08:39 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
prioritydate
03-27 09:58 PM
It will not be a problem at all. I know a person who was without a job for 9 months during that time period and still got his green card, so I would assume that you are safe. You should be worried about this at all. This is just my opinion. The final outcome depends upon the person who is approving the case.
Rb_newsletter
07-15 06:06 PM
When I went to Canada from LA, one of the airlines staff did not even know that he has to take the I-94 out. And when I told him that he must take the I-94 then he called another airlines staff. He seemed to be aware of I-94 stuffs. I wonder if my I-94 card went to correct customs/immigration file.
I wonder why can't US immigration stamp on the passport when we leave the country. How can we trust an airlines staff? How do we know the airlines and it's staff are trained properly on immigration/I-94 process.
I wonder why can't US immigration stamp on the passport when we leave the country. How can we trust an airlines staff? How do we know the airlines and it's staff are trained properly on immigration/I-94 process.
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