Ramba
10-24 06:53 PM
my marriage is done and she entered on H4 now I need to add her to GC.
my marriage date is 2 days prior to my GC approval and now she is in us and how to add her to my GC?
Thanks,
Well. It is tricky. You have to ask lawyer. One possibility is she has to wait till PD become current again. What happen if it takes another 6 years? Till that time she has to be on H4. If so, how she will renew H4 next time, as you already lost H1?
Other possibility is, even if USCIS accepts 485 for her, how DOS issue visa number when no visas available to your PD?
my marriage date is 2 days prior to my GC approval and now she is in us and how to add her to my GC?
Thanks,
Well. It is tricky. You have to ask lawyer. One possibility is she has to wait till PD become current again. What happen if it takes another 6 years? Till that time she has to be on H4. If so, how she will renew H4 next time, as you already lost H1?
Other possibility is, even if USCIS accepts 485 for her, how DOS issue visa number when no visas available to your PD?
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fittan
04-23 01:14 PM
If unsure, go with the lease date. No harm informing USCIS earlier. I've changed my address before and trust me...it is a freaking mess. Here's my advice:
1) If you file online, make sure you save yr receipt. If paper file, make sure it is certified/registered mail.
2) 1 to 2 months after filing, schedule an Infopass and ask the officer to verify the updated address.
Fittan
1) If you file online, make sure you save yr receipt. If paper file, make sure it is certified/registered mail.
2) 1 to 2 months after filing, schedule an Infopass and ask the officer to verify the updated address.
Fittan
kirupa
11-11 01:18 AM
Yep - there 2 more hours from this post to be counted :P
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txh1b
09-14 03:43 PM
Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.
Good Luck!
Good Luck!
more...
Blog Feeds
10-04 11:10 PM
VIA The New York Times
"Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.
�We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."
Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)
More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)
"Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency�s director said Thursday.
�We are under way to prepare for that,� Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency�s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."
Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)
More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)
bluekayal
11-01 05:35 PM
I am hoping to file I-140 next week or so based on an approved labor with PD of 2004. Any idea if it is possible to tie my Sch A 2006 PD with this older one? Thanks for your input!
more...
linuxra
09-24 07:52 AM
Hi All,
Thanks in Advance...
I got an email from USCIS that my and my wife's I-485 got RFE''s
I files my 485 through lawyer,I recently moved to new location...
Will the rfe notice come to me or my lawyer...
I updated the old address on the day i got RFE notice?
Please advise...
Thanks in Advance...
I got an email from USCIS that my and my wife's I-485 got RFE''s
I files my 485 through lawyer,I recently moved to new location...
Will the rfe notice come to me or my lawyer...
I updated the old address on the day i got RFE notice?
Please advise...
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JunRN
05-16 02:49 PM
For my spouse,
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.
We have applied for I 485 after our visit to India.
1. First I 94 was taken at the airport and got the new one while we came back and one of the requirement is the copy of I 94
How and where can I get a copy (I never made a copy of that).
Note: Spouse passport has stamping but the requirement is copy of I 94
any help or suggestoins where can we get a copy. We have applied for states Id's in two different states where they made copies of I 94 but at that time I never though of making copies of it.
You should have a I-94 when she came back here in the US. Did she misplace it? The I-94 when she came back should be enough for the RFE. The old ones don't matter for I-485.
more...
Lasantha
09-20 09:27 AM
This is BBC. They even have a link to IV.
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
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Tantra
07-26 01:52 PM
http://www..com/usa-immigration-trackers/i485-tracker1/
If we sort by 'USCIS Notice Date' (click it to sort descending), then we see this case right on top (guess second)...
This also gives a quick idea about the latest Notice Date trend. Sadly, not much activity from July 20th onwards (total 7 notices reported).
If we sort by 'USCIS Notice Date' (click it to sort descending), then we see this case right on top (guess second)...
This also gives a quick idea about the latest Notice Date trend. Sadly, not much activity from July 20th onwards (total 7 notices reported).
more...
amsgc
01-15 11:13 PM
Unless the country cap is removed from EB immigration - things will not change for folks from India.
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
waiting in the new congress
Check the Bill H.R.264
http://thomas.loc.gov/home/c111query.html
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
waiting in the new congress
Check the Bill H.R.264
http://thomas.loc.gov/home/c111query.html
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waitingforgc
06-06 08:20 AM
First of all after applying H1 extension you have a 240 day window when you wont be out of status even if your H1 expired ( as long as the extension is applied when the current was Valid). My H expired on Jan 29th and i applied on Jan 9th and the last 5 months i worked as usual without Visa or I-94 ( but in Status) ...
Don't worry at all - if by chance anyone reaches near 8 month/240 day finish line which is highly unlikely, pump in extra 1000 bucks and upgrade that to a Premium H and you must hear a decision within 15 days....
There are tons of options - even if Premium doesn't work still there are 2 more options ( of course within legal boundary )...
Thanks for the answer.
Don't worry at all - if by chance anyone reaches near 8 month/240 day finish line which is highly unlikely, pump in extra 1000 bucks and upgrade that to a Premium H and you must hear a decision within 15 days....
There are tons of options - even if Premium doesn't work still there are 2 more options ( of course within legal boundary )...
Thanks for the answer.
more...
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krishna_brc
02-11 04:11 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?
As far as i know medicals are valid for 2 1/2 years.
Answer to your next question is, there could be many possibilities.
1. USCIS might have lost your original 693
2. There could be something which is not clear in the original 693 etc
Don't worry much. Just give them what they asked.
Its good that they opened your file.
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?
As far as i know medicals are valid for 2 1/2 years.
Answer to your next question is, there could be many possibilities.
1. USCIS might have lost your original 693
2. There could be something which is not clear in the original 693 etc
Don't worry much. Just give them what they asked.
Its good that they opened your file.
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Tantra
07-12 02:02 PM
There are over 1300 guests and our strength is (sadly) in our numbers. How beautiful would it be to see reduction in this number of people in different types of limbo in their life, but that would require a concerted voice of legal immigrants to cause any ripple anywhere.
Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.
Come, join in this novel and noble struggle for self-respect and fair treatment. There is no financial commitment needed, though members could contribute as they deem right and through their participation in various IV activities.
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ultimo
10-02 10:03 AM
u can apply 4 student loan . Even if ur credit is bad u will get SL
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vkotval
05-30 08:31 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I donot understand what revoking 140 has to do with your new h1-b with company B ? Your new h1-b wit company B will still remain valid.
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I donot understand what revoking 140 has to do with your new h1-b with company B ? Your new h1-b wit company B will still remain valid.
more...
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webm
05-17 09:00 PM
Congrats!! dude.. good to hear something moving..
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Ramba
08-07 08:31 PM
Thanks. Yes, I am an Indian citizen.
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
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ramaonline
06-22 02:27 AM
according to the current regulations
h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
pl confirm with ur company attny
h1b is a dual intent visa - u can continue to hold h1 status even if 485 has been filed and pending
u can also file for ead and keep both h1b and EAD statuses at the same time. working on ead will not make h1 invalid.
pl confirm with ur company attny
krishmunn
05-11 08:24 AM
Ask your attorney to draft the experience letter. It may not be copied toto but support letter should cover the main points in the draft.
ssterian01
07-07 04:38 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
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