MeraNoAayega
05-18 06:54 PM
Does any one happen to know how long will the court take to decide if it want's to hear the case & then to actually issue a decision?
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aamchimumbai
12-05 02:13 PM
Was your wife successful in getting an H1B visa stamped in her passport? If yes, could you please share your experience for the visa stamping interview/documents, etc. Your post will be helpful for some who plan to return on H1B/H4 (including me).
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
blogger
06-24 10:01 AM
Hi, I'm a citizen of India got married to an Indian citizen in U.S in 2004 and got the marriage license from a county (It is important to note that a marriage license is valid only in the County in which it is issued). We did not marry under foreign act. Will this be considered as a valid marriage as per Indian marriage act? Please advice.
We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.
Will this cause any problem during background check?
We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.
Will this cause any problem during background check?
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meet_rayhan
08-10 06:43 PM
Hi,
I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.
My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.
Thanks,
Rayhan Khan
I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.
My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.
Thanks,
Rayhan Khan
more...
acecupid
06-15 12:46 PM
Birth certificate from Indian consulate is NOT acceptable as primary evidence. You can however submit it as secondary evidence. Primary evidence has to be the actual birth certificate. If that is not available or there are any differences, you should make 2 affidavits from parents or close relatives which basically confirms your actual name as in passport.
life99f
05-25 09:23 AM
Sorry, I read the one in Washington post and I DONT think it is against us. It points out some US people don't like legal immigrate but it also shows why US companies need foreign high-skilled workers.
more...
for_gc
08-13 01:03 PM
Hi Funny,
When were your respective I140s approved ? Were they with the same or different employer ?
When were your respective I140s approved ? Were they with the same or different employer ?
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msekhargc
06-21 11:41 AM
Thanks for your response
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
more...
uppaji
06-15 01:27 PM
Received their automated response. Let's see if I get a real response.
Does anyone has similar contact for Washington post too??
Does anyone has similar contact for Washington post too??
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martinvisalaw
08-03 05:20 PM
Do I need to do any thing, is it required to renew AP to stay in status.
NO. AP does not give you any status, it is just a travel document. It seems as though you are in valid H-1B status and your son has H-4, though I cannot say for certain without seeing your paperwork.
NO. AP does not give you any status, it is just a travel document. It seems as though you are in valid H-1B status and your son has H-4, though I cannot say for certain without seeing your paperwork.
more...
lj_rr
11-11 06:11 PM
BUMP...Anyone?
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
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siravi
08-20 06:15 AM
Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
Glad you did not turn back!
Thank you for plugging on and setting a great example! Great job, Sanjeev, Raj, Murali and Kumar, Thank You !!
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
Glad you did not turn back!
Thank you for plugging on and setting a great example! Great job, Sanjeev, Raj, Murali and Kumar, Thank You !!
more...
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StarSun
02-07 09:44 AM
Members with questions, take this opportunity to clarify your doubts from these reputed lawyers.
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chanduv23
04-28 05:12 PM
A good employer and a good law firm will not have the dirty deals of trying to screw an employee.
It is true that Law firm is not obligated to answer employee on 140 because it is an employer petition and they may not act against wishes of employer, BUT if they are good people and have some ethics they will send a photocopy to the employee for his/her records.
FOIA takes time, but one will eventually get it through that channel also.
It is true that Law firm is not obligated to answer employee on 140 because it is an employer petition and they may not act against wishes of employer, BUT if they are good people and have some ethics they will send a photocopy to the employee for his/her records.
FOIA takes time, but one will eventually get it through that channel also.
more...
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prem_goel
07-29 07:36 PM
Ann as always you are so upto the point and quote a valid source in your reply. Thank you so much.
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veni001
11-05 09:27 AM
That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
more...
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jotv
10-08 06:48 PM
hi gcpadmavyuh ,
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
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Pagal
12-09 07:55 PM
Hello,
:) Just a clarification around job requirements:
GC is always for a future position, so there is no need for the employer to keep the position (nor to keep it vacant). The employer needs to confirm that the position will be made available to the individual as soon as GC is issued.
If you get the GC and the position is not available, your GC is not in any jeopardy. Once the employer confirms that the position is no longer available, you are free to choose any other job. If you have already waited 4-5 years for GC, the same/similar job requirement also reduces in significance for post GC issued job.
PS: I know a few friends who waited to get their US citizenship and immediately relocated to India! Human mind is strange!! :)
:) Just a clarification around job requirements:
GC is always for a future position, so there is no need for the employer to keep the position (nor to keep it vacant). The employer needs to confirm that the position will be made available to the individual as soon as GC is issued.
If you get the GC and the position is not available, your GC is not in any jeopardy. Once the employer confirms that the position is no longer available, you are free to choose any other job. If you have already waited 4-5 years for GC, the same/similar job requirement also reduces in significance for post GC issued job.
PS: I know a few friends who waited to get their US citizenship and immediately relocated to India! Human mind is strange!! :)
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reddy77
08-09 11:29 AM
You can leave it as blank, you will getting the A# with the 485 receipt ...
kaarmaa
08-14 11:06 PM
Further, this proposed rule would remove an alien’s reliance on the Visa Bulletin to determine visa availability and therefore eligibility to file for I-485. Instead, the rule will propose that USCIS utilize a registration process for intending adjustment of status applicants by requiring an applicant to file a registration packet after the granting of an immigrant petition and prior to visa availability, based on the use of “qualifying dates” established by DOS
Interesting. The way I understand this is - EB applicants need not wait for PD to be current to file I-485 application. However, the news article does not give any clear details on the actual processing or its source.
I would definitely prefer an EAD over waiting. Lets see..
Interesting. The way I understand this is - EB applicants need not wait for PD to be current to file I-485 application. However, the news article does not give any clear details on the actual processing or its source.
I would definitely prefer an EAD over waiting. Lets see..
dreamworld
11-09 02:58 PM
If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.
