insbaby
02-25 04:23 PM
** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B
** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1
** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140
** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485
Add many more, there are 101 ways to torture a non-immigrant.
** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1
** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140
** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485
Add many more, there are 101 ways to torture a non-immigrant.
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greenguru
03-04 06:57 PM
Hi saratswain,
Please can you send me the format of the letter. I am in the same boat as ur are in.
Thanks, g
Please can you send me the format of the letter. I am in the same boat as ur are in.
Thanks, g
vparam
03-11 11:17 AM
Thanks vparam ! We will give this a try. Hope they give us an SSN.
My wife CA bar exam for which she needed SSN. without bar affiliation she could not get a job. So it was the same situation. that is when we came to know about SSN without work authorization. Initially SSN person told no, it is not feasible but after showing the process requirement and providing the required documetns , the 2nd time we went we got it. It is also depends on the knowledge of the SSN person at the window. But law has it in provision to issue non-work SSN
My wife CA bar exam for which she needed SSN. without bar affiliation she could not get a job. So it was the same situation. that is when we came to know about SSN without work authorization. Initially SSN person told no, it is not feasible but after showing the process requirement and providing the required documetns , the 2nd time we went we got it. It is also depends on the knowledge of the SSN person at the window. But law has it in provision to issue non-work SSN
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neerajkandhari
10-24 09:20 PM
No Ap As Yet
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s_r_e_e
07-07 05:39 PM
in thw worst case, if you owe lot of taxes to IRS at the end of the year and no money was paid, you can still pay it along with the next year tax filing . Your payment will include some % penalty.
sreeanne
12-13 12:29 PM
my 485 also did not show up till my FP was done, but after my FP completed, the next day it showed up in online system.
more...
anuh1
03-25 01:53 PM
Yes you can recapture. Most of the people do the same way if they dont have enough time.
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tinuverma
11-09 09:44 AM
Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs? Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing? Why is it not safe to travel while on EAD and yet to have the GC in hand?
Last and most imp, is there any on when I can hope to get the actual green card?(dont shout..i know most are still waiting for their receipt notice..but please understand..i am done with that and now want to know what's next).
Peace.
Thanks in advance.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs? Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing? Why is it not safe to travel while on EAD and yet to have the GC in hand?
Last and most imp, is there any on when I can hope to get the actual green card?(dont shout..i know most are still waiting for their receipt notice..but please understand..i am done with that and now want to know what's next).
Peace.
Thanks in advance.
more...
arc
05-18 03:16 PM
http://chugh.com/
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kaisersose
07-28 09:52 AM
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
more...
nozerd
07-02 10:05 AM
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
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snathan
08-05 12:06 AM
My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?
I noticed that the bottom part of the 797 has the same number as my old I-94.
I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.
The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
I noticed that the bottom part of the 797 has the same number as my old I-94.
I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.
The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.
http://cbp.gov/linkhandler/cgov/travel/id_visa/revalidation.ctt/revalidation.pdf
more...
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ram_ram
01-05 10:51 AM
I contributed my 10 cents..Just now.
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prioritydate
08-13 12:31 AM
When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?
more...
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mps
06-24 11:28 PM
Article says all pending application ...
"The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."
"The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."
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immi_twinges
09-19 12:22 PM
Where did Gandhiri go...
It seems like every one is yelling and trying to make others feel low if they didn't attend rally or didn't contribute...
The website is free and its up to individuals to do what ever they want ...
May be they will feel the heat or retrogression after 2 years or so and start doing something about it (like contributing..
All i am saying is do not chase visitors away with your anger...
Peace...
------
I am just a visitor....who likes iV
I used to visit the forum now and then as it was a good forum where people encourage and support each other..It gave me a sense of belonging to something...
It seems like every one is yelling and trying to make others feel low if they didn't attend rally or didn't contribute...
The website is free and its up to individuals to do what ever they want ...
May be they will feel the heat or retrogression after 2 years or so and start doing something about it (like contributing..
All i am saying is do not chase visitors away with your anger...
Peace...
------
I am just a visitor....who likes iV
I used to visit the forum now and then as it was a good forum where people encourage and support each other..It gave me a sense of belonging to something...
more...
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jambalakadi
06-18 10:38 AM
Gurus,
Myy EAD is expiring and Renewal is taking more than 1 year as per new processing times.
Can I switch back to H1-B. I am in EAD and I dont have any H1-B status now. I have used 5 1/2 years of h1B previously. Six years is not utilized
What are pros and cons..
Please help..
Myy EAD is expiring and Renewal is taking more than 1 year as per new processing times.
Can I switch back to H1-B. I am in EAD and I dont have any H1-B status now. I have used 5 1/2 years of h1B previously. Six years is not utilized
What are pros and cons..
Please help..
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meridiani.planum
07-18 11:41 PM
Hi Folks
My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
<> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
<> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
My online profile won't show current address - just an application online to change the same.
Any insights will help
Ram
call up the 1-800 number and ask the service center to update your record once more, that should be good enough. Tell the customer rep that you did not get a confirmation of the address change, so are concerned. If that does not work you can always take an INFOPASS appointment and there they'll ensure that your records are correct.
My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
<> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
<> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
My online profile won't show current address - just an application online to change the same.
Any insights will help
Ram
call up the 1-800 number and ask the service center to update your record once more, that should be good enough. Tell the customer rep that you did not get a confirmation of the address change, so are concerned. If that does not work you can always take an INFOPASS appointment and there they'll ensure that your records are correct.
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ihabosman
08-13 11:52 AM
Thanks for the update - Lets give them 1 more week for clearing July 2nd.
They are human beings too like us.
By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?
Thanks!
Not so........According to my lawyer, they just received my I-765 receipt. Ironically my I-765 was filed in conjunction with my I-485 and I-131 applications on July 2nd!!!.....To deepen the mystery, they also received my wife's I-131, which was also part of her I-485 application!!!...... USCIS data entry practices are definitely intriguing to say the least...:confused:
They are human beings too like us.
By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?
Thanks!
Not so........According to my lawyer, they just received my I-765 receipt. Ironically my I-765 was filed in conjunction with my I-485 and I-131 applications on July 2nd!!!.....To deepen the mystery, they also received my wife's I-131, which was also part of her I-485 application!!!...... USCIS data entry practices are definitely intriguing to say the least...:confused:
manderson
10-30 09:58 AM
stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
finimits
05-03 09:55 AM
Hi Saji007,
Really? That is very encouraging indeed.
Even I have currently 5.5 years done on my H1B and looking to change soon.
BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?
Really? That is very encouraging indeed.
Even I have currently 5.5 years done on my H1B and looking to change soon.
BTW, I have my I-140, but I am not sure is there was ever a document they sent me with the PERM. Are these both the same thing?
I guess I don't have the PERM approval notice with me. Is this a hard requirement and if so do employers generally give the PERM approval notice to employees on request?
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