raysaikat
05-24 04:01 PM
Hi,
My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now?
You can start your green card any time. The initial part is your employer's responsibility. So you have nothing to lose.
Can I get extension based on number of days I have been out of country in last 6 years.? (119 days)
Yes.
If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota?
You will be subject to quota again, but your H1-B clock will be reset (i.e., you will again get 6 more years).
I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension?
If the primary's GC application is active, then the dependent's EAD is still valid.
Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
Thanks!
If your husband gets his own H1-B, then he can still come back on H1-B. As long as the GC application is active (no decision made, not withdrawn, etc.), then you can still be on EAD while the primary is on H1-B.
My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now?
You can start your green card any time. The initial part is your employer's responsibility. So you have nothing to lose.
Can I get extension based on number of days I have been out of country in last 6 years.? (119 days)
Yes.
If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota?
You will be subject to quota again, but your H1-B clock will be reset (i.e., you will again get 6 more years).
I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension?
If the primary's GC application is active, then the dependent's EAD is still valid.
Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
Thanks!
If your husband gets his own H1-B, then he can still come back on H1-B. As long as the GC application is active (no decision made, not withdrawn, etc.), then you can still be on EAD while the primary is on H1-B.
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bikram_das_in
10-20 06:15 PM
Any violator of US immigration law is prohibited from entering USA for 10 years. Your wife may apply for for green card after 10 years. You will be a citizen by then, so things should be easy. Ask a lawyer if you have a better option.
gc_chahiye
07-26 11:17 AM
I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
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sandy_anand
01-24 09:38 AM
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
more...
pd_recapturing
03-15 11:02 AM
Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?
andhrawala
11-18 01:49 PM
Hi GCInLimbo,
I also did the same thing what you did. I applied for my h1 extension and as it was pending for the last 6 months I joined a different employer by filing a new H1B (Approved after premium processing). So, I was without any approved H1 for 6 months (basically maintained legal status on pending H1).
Now, my old employer reverted the pending H1B as I left the company.
I also applied for my I-485 with my old employer in 2007, but I have not received NOID so far. Looking at your case I may also get a NOID.
Please update me of how are you proceeding with your case.
Thanks,
I also did the same thing what you did. I applied for my h1 extension and as it was pending for the last 6 months I joined a different employer by filing a new H1B (Approved after premium processing). So, I was without any approved H1 for 6 months (basically maintained legal status on pending H1).
Now, my old employer reverted the pending H1B as I left the company.
I also applied for my I-485 with my old employer in 2007, but I have not received NOID so far. Looking at your case I may also get a NOID.
Please update me of how are you proceeding with your case.
Thanks,
more...
americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
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Canadian_Dream
11-30 02:18 PM
Can you put the exact working of the status ?
Is it one of the following ?
Current Status: Notice mailed welcoming the new permanent resident.
or
Current Status: Document mailed to applicant.
or
something else.
Is it one of the following ?
Current Status: Notice mailed welcoming the new permanent resident.
or
Current Status: Document mailed to applicant.
or
something else.
more...
lonedesi
01-09 01:57 PM
Is anyone's I-140 being processed at Vermont Service Center? Any updates from that center, regarding processing, transfer of case from VSC to TSC/NSC? Please post updates.
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aranya
07-03 05:30 PM
Who told you that you can not return when H1 transfer is pending? As long as H1B with company B was filed prior to canceling H1 from company A and H1B from company B is a bonafide job that assures H1b status, you can enter with the receipt notice itself, no need to wait for approval.
If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.
You might have had a different experience and these forums are for sharing our experiences to help each other :)
If you have to know, my company lawyer when my then H1B was currrent but expiring in a few days and extension of H1B was pending. My proposed travel was for a week-long conference in Canada.
You might have had a different experience and these forums are for sharing our experiences to help each other :)
more...
Hassan11
04-08 11:13 AM
is MTR the same thing as Appeal?? so far I haven't heard from the Appeal borad. as I mentioned before the HR Manager sent them a letter at the end of Jan 2008 requesting an update on my appeal but she hasn't heard anything from them. this is really taking forever. all we want them to do is to make a decision, either accept the appeal or deny, so i can move on.
I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.
I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.
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simple1
06-18 04:50 PM
My intent is not to divide IV. I was just highlighting EB non-ROW.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
more...
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she81
05-15 06:34 PM
Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?
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maine_gc
04-21 08:51 AM
I recently renewed our passports at Indian Embassy, Washington D.C . I sent 2"X2" size photographs and there was no problem in passport renewal.
How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.
How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.
more...
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jazzy2
05-25 08:50 AM
Hi
directly spoke with the staff of Sen. larry craig....
directly spoke with the staff of Sen. larry craig....
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lunar
07-21 08:38 AM
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
more...
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guru76
11-27 12:42 AM
I recently used the AP to enter the US. There were no issues in the US. However, the immigration official in India had some confusion trying to understand the AP. I had to show him a letter that my company's lawyer had given me listing the details of the AP and that I could use it for entering the US.
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mbartosik
11-09 07:17 PM
The only reason that I can see for not filing yourself, is if company is offering to pay. EAD & AP filing are simple and do not require to be done my employer.
If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.
If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.
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freddy22
07-20 07:24 AM
my son was charged with criminal mischeif 4th and a petty larceny charge - as a YOUTHFUL OFFENDER and under NY Law and US Law this is NOT a deportable reason for the INS to start proceedings - in othert words crimes charged under YOUTHFUL OFFENDER are not grounds for deportation or INS charges so is my research - am I right?
ags123
07-26 06:23 PM
Per Lawyers response both AOS and CP are possible. When I mentioned 180 days the lawyer mentioned it is 2 yrs not 180 days for follow to join.
As long as marriage is before 485 it can be applied.
My question is where to file and I am going to go with Nebraska for now as I cant conclusively get any official source which says chicago lock box.
A
As long as marriage is before 485 it can be applied.
My question is where to file and I am going to go with Nebraska for now as I cant conclusively get any official source which says chicago lock box.
A
sravani
05-22 04:57 PM
New filings will not effect to move the dates either you file on 1st or 30th. The Visa(GC) numbers will be deducted only after the approval of I-485. Any of these new filings will not be touched(Approved) for 4-5 months. USCIS has to consume the balance visas(GCs) before October 1st 2007.
If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..
Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....
So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...
Sree
What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.
They also banned the labor substitution premium processing over night without any notice. :rolleyes:
Now with this new bill drama we can't predict anything.
If The Number of Visas > The number of Approved + To be approved(Mostly filed at least 4-5 months before) in the coming months.....then you can expect further movement from the State Department..
Ask(Pray) the USCIS(God) not to approve any 485's till June 15th....
So...there will not be any change in the movement of dates even all of them file on the day 1....Keep watching the approvals till June 10th atleast...
Sree
What you said might be correct, but following the USCIS pattern these days we really can't predict anything. I am still surprised how they freezed these dates for so many months and suddenly opened up these flood gates. Not sure what rules they are following.
They also banned the labor substitution premium processing over night without any notice. :rolleyes:
Now with this new bill drama we can't predict anything.
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