IWannaBeHowdy
08-04 08:10 PM
Hello All,
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
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WAIT_FOR_EVER_GC
11-11 01:11 PM
Hello,
how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
ASK LAWYER FOR FREE in the FREE ATTORNEY CONFERENCE CALL
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how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
ASK LAWYER FOR FREE in the FREE ATTORNEY CONFERENCE CALL
EVERY WEEK IT IS FREEEEEEEE
ravageguy1
05-13 07:43 PM
Hi ,
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
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ckpas
08-12 06:12 PM
Hi,
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters or Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my emplyer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
my question: 1) Can this be considered as an error from the procesing center rather than my empr fault.
2) How severe this would be and what ud be the turn-over-time.
3) Do I need to reapply my PERM LC again.
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters or Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my emplyer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
my question: 1) Can this be considered as an error from the procesing center rather than my empr fault.
2) How severe this would be and what ud be the turn-over-time.
3) Do I need to reapply my PERM LC again.
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
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Karen
November 13th, 2006, 10:21 AM
Can someone tell me how to get to the button battery that runs the date/clock on a D70? I've had three cameras with the problem of having to reset the date because the clock battery was low and the screen flashes 0 on the frame counter, the camera is virtually disabled. We have had these cameras since the fall of 2004 and they all crashed within a week of each other. I read in the book that the clock battery feeds off of the battery pack, or can be charged up (three days) with the optional ac adapter.
Also we had a problem with dust on the circuitry, dark spots showing up on images, and I had to send it to Nikon. If I need to clean that again in the future, I don't want to fry the circuitry, so any advice about that is greatly welcomed. Thank you
Also we had a problem with dust on the circuitry, dark spots showing up on images, and I had to send it to Nikon. If I need to clean that again in the future, I don't want to fry the circuitry, so any advice about that is greatly welcomed. Thank you
still_waiting
05-30 09:00 AM
Good work Patel
Immigration Voice has been featured today's Baltimore Sun Headlines. Given that many of the Lawmakers and their Staff reside in the Baltimore area, we're sure that this will be a great positive impact for our cause. Thanks to our member Raj Patel for volunteering for this effort.
http://www.baltimoresun.com/news/nationworld/bal-te.md.skilled30may30,0,682133.story?page=1&coll=bal-local-headlines
Immigration Voice has been featured today's Baltimore Sun Headlines. Given that many of the Lawmakers and their Staff reside in the Baltimore area, we're sure that this will be a great positive impact for our cause. Thanks to our member Raj Patel for volunteering for this effort.
http://www.baltimoresun.com/news/nationworld/bal-te.md.skilled30may30,0,682133.story?page=1&coll=bal-local-headlines
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brij523
03-01 07:43 AM
I have some good chance to get appointment with political figure in Savannah, GA. Anyone in Savannah, who will like to meet the political figure? I need answer within this week.
Please reply me or some IV core member, ASAP.
Thank
Please reply me or some IV core member, ASAP.
Thank
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sumukhangle
10-15 03:22 AM
hi everyone
I m an MBA(major:general mba)student in a university in texas. I have an bachelors of engineeing (electrical & electronics)from india. I have found an desi employer who is ready to train me in SAP (FICO)functional and than place me on projects to diffeent companies. Since i m graduating in august 2008 ,At first i have to work for him on OPT and than in apil 2009 my employer will sponcer my h1 visa.
Now my question is....
1) can i work in SAP FICO functional , when i m on my opt?(opt means i have to work in a job directly related to my major field of study and i guess SAP is not related to my field major field of study)
2)will i have problems getting a h1b visa? (since General MBA and SAP are completely different fields )
Any comments or suggestions will be appreciated.
thanks
I m an MBA(major:general mba)student in a university in texas. I have an bachelors of engineeing (electrical & electronics)from india. I have found an desi employer who is ready to train me in SAP (FICO)functional and than place me on projects to diffeent companies. Since i m graduating in august 2008 ,At first i have to work for him on OPT and than in apil 2009 my employer will sponcer my h1 visa.
Now my question is....
1) can i work in SAP FICO functional , when i m on my opt?(opt means i have to work in a job directly related to my major field of study and i guess SAP is not related to my field major field of study)
2)will i have problems getting a h1b visa? (since General MBA and SAP are completely different fields )
Any comments or suggestions will be appreciated.
thanks
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Pasquale
04-01 12:19 AM
THo funnnyy
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vivekm1309
05-24 08:38 AM
U r absolutely right........ i have heard ppl saying they are willing to transfer H-1B's but they say they wont process GC............. This is just un believable.......... I guess the whole idea is to recycle ppl after every 6 years..........
Then where is the rush for GCs coming from?
Wipro/ Infy /CTS/ TCS process max chunk of H1bs ( I believe atleast 90% employed with them are Indians...) If these companies are not processing GCs then where is the rush for GCs coming from?
Then where is the rush for GCs coming from?
Wipro/ Infy /CTS/ TCS process max chunk of H1bs ( I believe atleast 90% employed with them are Indians...) If these companies are not processing GCs then where is the rush for GCs coming from?
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kaisersose
08-22 06:09 PM
Your current employer can revoke your 140 which will send your 485 straight to the trash can.
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jonty_11
12-04 02:06 PM
INteresting news on Times
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
Should we contact her for GC backlogs also....IV core can comment!!
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
Should we contact her for GC backlogs also....IV core can comment!!
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rajiv404
12-09 06:06 PM
I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?
Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?
Any response will be appreciated. Thanks!
1. WIthdraw application - not sure repurcussion of this.
2. Respond to RFE with mentioned reason which can have following outcomes
a) Appoved - (good i will be more than happy)
b) Approved with consular processing - (I dont want to travel at this point of time outside US)
c) denied - (not sure)
3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?
Here are my questions
1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
2. Senario 2.c. If I get "Denied" what will be my current status?
3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
4. Scenario 3, Can this happen?
Any response will be appreciated. Thanks!
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Ann Ruben
04-17 01:25 PM
As a July 2007 filer, you do have to pay the $305 filing fee. The $80 biometrics fee applies only to applicants for Reentry Permits and Refugee Travel Documents. It is not required for Advance Parole.
Individuals who file for AOS after July 2007 have to pay a $1010 filing fee for the I-485, but are not required to pay filing fees for subsequent AP's and EAD's. The following is an excerpt from the USCIS website:
"Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file."
Individuals who file for AOS after July 2007 have to pay a $1010 filing fee for the I-485, but are not required to pay filing fees for subsequent AP's and EAD's. The following is an excerpt from the USCIS website:
"Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms concurrently. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485. If you filed your Form I-485 prior to July 30, 2007, you must pay the fees associated with Forms I-765 and/or I-131 when you file."
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laksmi
01-30 10:51 AM
yes, Better you sponsor
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h1b_forever
02-04 03:23 PM
You can get the visa the same day, no appointment required. You will need to be there early in the morning
Make sure all the documents are the latest
Make sure all the documents are the latest
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lvgc
01-29 06:00 PM
Here is my situation:
I-485 is pending
H1 Visa will expire on Feb 26, 2009 (extension has been filed but have not received the receipt notice). Company will not file for premium processing due to budget cuts.
I have an EAD (valid until 2010) but did not renew my AP (expired this week).
I am going out of the country and will return on Feb 22, 2009.
Will there be any problems at the port of entry? Has anybody come back into the country with little time left on the H1B?
Thanks
I-485 is pending
H1 Visa will expire on Feb 26, 2009 (extension has been filed but have not received the receipt notice). Company will not file for premium processing due to budget cuts.
I have an EAD (valid until 2010) but did not renew my AP (expired this week).
I am going out of the country and will return on Feb 22, 2009.
Will there be any problems at the port of entry? Has anybody come back into the country with little time left on the H1B?
Thanks
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kumar_459
11-04 08:46 PM
Hi
My wife recently went for a H1B renewal stamping in india. They visa officer provided a 221(g) administrative processing (pink) requesting additional documents (job description, reasearch projects, previous visas list etc..,). She is preparing the necessary docs to submit the same. Since she went to india for a short trip (travelling back next week).
1. She has Advanced parole. Can we use Advance parole??
2. If we use Advance parole, then once the Adminstrative processing is complete, how do we handle the stamping?? Do we need to go back again to the consulate to get the stamping done? or is there a way to withdraw the visa application from the consulate??
I would greatly appreciate if someone is similar situation share their experiences
My wife recently went for a H1B renewal stamping in india. They visa officer provided a 221(g) administrative processing (pink) requesting additional documents (job description, reasearch projects, previous visas list etc..,). She is preparing the necessary docs to submit the same. Since she went to india for a short trip (travelling back next week).
1. She has Advanced parole. Can we use Advance parole??
2. If we use Advance parole, then once the Adminstrative processing is complete, how do we handle the stamping?? Do we need to go back again to the consulate to get the stamping done? or is there a way to withdraw the visa application from the consulate??
I would greatly appreciate if someone is similar situation share their experiences
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bigboy007
06-21 08:12 PM
This item deals with "Wage per week " in this field after i checked out my application lawyer gave the whole years income instead of weeks income. as i enquired he said even though "/year" is ideal to mention immigration officers know that this amount is same as that of Labor and thats not an issue . any comments please?
TimeSaver
07-11 11:48 AM
Thanks guys.
EAD
03-01 08:18 AM
Thanks for the reply. What I understand even there is no position for EB2 currently, EB2 can be filed for future employment.
Do you know anybody who was in the same situation and converted from EB3 to EB2.
Thanks,
Do you know anybody who was in the same situation and converted from EB3 to EB2.
Thanks,
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