sundarpn
07-19 10:54 PM
jack_suv, nice post and a good start.
I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):
1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.
2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).
3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)
I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):
1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.
2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).
3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)
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njboy
06-09 11:35 AM
bottom line is guys..they've figured out a cash cow, and will milk it..can a person on H1B afford 5 months of waiting for renewal/job change extension? What if there is an emergency at home? there's always a solution, beg the company to pay $1000.00 and convert it into premium process. What if the company does not want to? You are sc***ed! The waste products are going to hit the overhead air circulation device once they start processing the 13 mil. illegal immigrants.
Dhundhun
11-21 04:57 PM
While going out staple all of them together and give it it Airlines.
Airline has no problem in taking any of one (valid dates or expired dates), but the moment they see more than one, they will take all and staple it together. It is sent back for records (I am not sure where/how that is maintained and what is impact of giving in bits and pieces or loosing it, while having multiples).
But my lawyer as well as airline told me clearly to give all of the I94 together.
If you lost one (even to airlines), it may be worth informing USCIS, to avoid any inconveniences later. (Note: I am not legal expert and this is not a legal advise)
Airline has no problem in taking any of one (valid dates or expired dates), but the moment they see more than one, they will take all and staple it together. It is sent back for records (I am not sure where/how that is maintained and what is impact of giving in bits and pieces or loosing it, while having multiples).
But my lawyer as well as airline told me clearly to give all of the I94 together.
If you lost one (even to airlines), it may be worth informing USCIS, to avoid any inconveniences later. (Note: I am not legal expert and this is not a legal advise)
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zCool
04-02 10:58 PM
I think you should get to the bottom of it.
#1 Get the actual RFE from the lawyer see what is reply by date mentioned there.
#2 Make sure your employer isn't playing games. No one can be expected to divulge financial details to every employee but at least get the extent of changes required. Normally if everything is okay, all that is needed for A2P is Tax documents, Earning statements, W3s, Wage reports.. pretty standard stuff that employer is supposed to have anyways..
If actual return needs to be amended, That may not happen in couple of days, in that case you should work with attorny to see your options abt delayed response etc.
#3 Find out why it was delayed.. who dropped the ball and when!
This is insane, if they don't want to support your application they should just say so..
#1 Get the actual RFE from the lawyer see what is reply by date mentioned there.
#2 Make sure your employer isn't playing games. No one can be expected to divulge financial details to every employee but at least get the extent of changes required. Normally if everything is okay, all that is needed for A2P is Tax documents, Earning statements, W3s, Wage reports.. pretty standard stuff that employer is supposed to have anyways..
If actual return needs to be amended, That may not happen in couple of days, in that case you should work with attorny to see your options abt delayed response etc.
#3 Find out why it was delayed.. who dropped the ball and when!
This is insane, if they don't want to support your application they should just say so..
more...
RDB
09-02 11:09 PM
That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.
koppula09
01-04 12:51 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
more...
s416504
12-04 02:23 PM
I think EAD doesn't give us any STATUS. EAD gives us authorization to work.
We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
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th5000th
07-10 05:51 PM
On June 9th, CIS provided the required data to VO. ????
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
a1b2c3....hang in there.....Sept might bring more good news.......
Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)
more...
lazycis
12-17 07:25 PM
So you haven't received a denial letter yet.
The most common reasons for EB I-485 denials:
1. Incorrect fee enclosed/Incomplete form
2. Underlying I-140 is denied/revoked/withdrawn
3. An applicant is inadmissible for permanent residency (status violations, unlawful presence, etc.) according to the USCIS
For reason 2 you can file appeal/MTR(MOTIC) with the USCIS
For reason 3 the only option is to file a lawsuit in a federal district court.
The most common reasons for EB I-485 denials:
1. Incorrect fee enclosed/Incomplete form
2. Underlying I-140 is denied/revoked/withdrawn
3. An applicant is inadmissible for permanent residency (status violations, unlawful presence, etc.) according to the USCIS
For reason 2 you can file appeal/MTR(MOTIC) with the USCIS
For reason 3 the only option is to file a lawsuit in a federal district court.
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PD_Dec2002
07-07 09:58 PM
Thanks for your reply. We just published the ad a week ago. Is that a big deal to revise now ? It went into computer world and stuff. I am not sure how difficult it would be.
Hence for this matter, I have another employer willing to file my LC this month. But I am thinking since I was not with them when they sent out the ad and requesting wage details, IS this something considered equivalent to LC subsitution if I join them and file my LC with already sent out ad ??
Your answer is highly important.
Thanks
I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
Hence for this matter, I have another employer willing to file my LC this month. But I am thinking since I was not with them when they sent out the ad and requesting wage details, IS this something considered equivalent to LC subsitution if I join them and file my LC with already sent out ad ??
Your answer is highly important.
Thanks
I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
more...
mhssatya
04-07 07:40 PM
GGC,
Did both you and your lawyer receive the letter or it was just you who received it? I have applied for I-485 in 07 and received the following status update in Aug 2010:
we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our ATLANTA, GA location for processing because they now have jurisdiction over the case.
But I didn't receive the letter as I was moving. I heard that this usually means I will be called for an interview. Is that right? Neither me nor my lawyer have received any interview letter since then. Would I be called for an interview when my date gets current?
Appreciate your help.
Recently received interview letter, scheduled for Sep,3rd.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
Did both you and your lawyer receive the letter or it was just you who received it? I have applied for I-485 in 07 and received the following status update in Aug 2010:
we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our ATLANTA, GA location for processing because they now have jurisdiction over the case.
But I didn't receive the letter as I was moving. I heard that this usually means I will be called for an interview. Is that right? Neither me nor my lawyer have received any interview letter since then. Would I be called for an interview when my date gets current?
Appreciate your help.
Recently received interview letter, scheduled for Sep,3rd.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
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seahawks
09-09 12:51 PM
Calling all WA State (OR also) IV members to join yahoo group. We need to coordinate stuff and contact all of you as a group, so please join the yahoo group created for channelizing IV message, organizing and sharing the vision and bringing awareness to Northwest region on Legal Immigration issues.
http://groups.yahoo.com/group/WA_Immigration_Voice/
Thanks and appreciate your help
http://groups.yahoo.com/group/WA_Immigration_Voice/
Thanks and appreciate your help
more...
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ck_b2001
07-19 10:54 AM
guess what i have a question. this is what happened. we are married in india quite sometime back, however, we had no marriage certificate and could not get one from india after trying for a long time. so we got married again here itself some weeks back. we had been filing tax as a couple until now. how to amend that?
you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.
you are in a country where marriage is not required to live together. I bet many couple file tax jointly even though they are not married officially so you should be okay.
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xtronics
07-07 01:57 PM
gultie,
what sector are you in? IT/ Engg.?
is it for a consulting company? If so, Desi?
I heard they are scrutinizing desi consulting companies meticulously
I will be filing for my extension within the next few weeks
what sector are you in? IT/ Engg.?
is it for a consulting company? If so, Desi?
I heard they are scrutinizing desi consulting companies meticulously
I will be filing for my extension within the next few weeks
more...
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jediknight
03-26 01:57 AM
I voted up the Immigration questions.
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
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maharshijb
05-04 12:06 PM
I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
more...
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amulchandra
05-10 01:22 PM
Hi all,
I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.
When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).
Did anyone get an appointment successfully ?
The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.
Can anyone please help me out and guide me through the process.
Thanks in advance
Amul
I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.
When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).
Did anyone get an appointment successfully ?
The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.
Can anyone please help me out and guide me through the process.
Thanks in advance
Amul
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macml
01-26 10:45 PM
Okay thanks for you advice.. Well, before I got married my wife was on an exchange school visa and after school she had an extra year to find work. Not exactly sure the types of visa. But we got married while she was still on one of her visas. Her visa just recently expired, but is there a need to file an I-130 along with the other green card applications? I understand k1's and k2's don't need to.
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smads
03-07 10:42 AM
sorry guyz have still been trying to find out what needs to be done....
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
sendmailtojk,
i was on a vacation and boarded from australia....it was a unique situation....when i left my PP was valid for 7 months when i came back it was valid for 5 months....
watzgc,
I renewed my PP on time but never did anything about my I-94.
I did a lot of research and have some updates for everyone.
1) My lawyer says we file for a petition that typically asks for forgiveness so that i dont get a 3 yr bar. dont know what that petition is called but it translates as "now for then". [can only be prepared by a lawyer and would cost me $1000]
2)I spoke to an immigration officer and he said it is a very common mistake and most of the times they just question the person and let them go. he said not to worry abt the 3 yr bar. he also said that the 3 yr and 10yr bar is more for the tourist visas where people actually think they have a 10yr visa so they can stay here for 10 yrs.
And yes like watzgc he also said file for extention I-539 i think.[costs only $300, anyone can fill it out and send it to USCIS]
now lets see if my lawyer will go with what she thinks is right or will she go with what the immigration officer thinks needs to be done.
I also think that these lawyers try to scare us and get all fancy things done so that they can charge as much as they feel like.
thanks for being so prompt and sorry for not replying sooner,
smads
kalinga_sena
09-01 05:43 PM
Here you go:
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/)
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/)
sharadara
09-01 12:05 AM
Hi,
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
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