EB3_SEP04
01-03 12:09 AM
Please consult a lawyer - She is now AOS and should not go back to H4 as that can mean she is abandoning her AOS which I am sure you dont want. I would not even recommend getting H4 stamped in her passport. ( same reason). I am in the same boat and my wife is using EAD - My lawyer did not process her H4 extension and only processed my H1 extension.
Again - please consult a lawyer
Just like one can have both H1 as well as AOS, the dependant can also have H4 and AOS at the same time. There is no law/rule that even remotely suggests that getting an H visa means abandoning the AOS. My 485 was denied and had to get H1/H4 for me/my wife. Now we again have AOS, but i still have H1 and plan to enter on H1 if have to re-enter US after a trip abroad. There are hundreds of folks on this forum who extend/stamped their H1/H4 even when they had AOS.
commenting/guessing on a situation without the knowledge of the related law/rule could mis-lead the poster. This is not meant to be a criticism, just a suggestion.
Again - please consult a lawyer
Just like one can have both H1 as well as AOS, the dependant can also have H4 and AOS at the same time. There is no law/rule that even remotely suggests that getting an H visa means abandoning the AOS. My 485 was denied and had to get H1/H4 for me/my wife. Now we again have AOS, but i still have H1 and plan to enter on H1 if have to re-enter US after a trip abroad. There are hundreds of folks on this forum who extend/stamped their H1/H4 even when they had AOS.
commenting/guessing on a situation without the knowledge of the related law/rule could mis-lead the poster. This is not meant to be a criticism, just a suggestion.
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veereddy
07-14 12:25 PM
We traveled thru Frankfurt last September, no need of transit visa, no issues, everything was smooth.
whoever
12-13 12:33 PM
Try next time asking a question with all details so you are not misunderstood. It does not seem to me anyone is trying to scare you. What would they get anyway by scaring.
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waitin_toolong
12-07 02:39 PM
Request transfer to Counsular processing, withdraw I-485, I-131 and EAD
remeber cannot come back to USA using F1, B1 or any such non-immigrant visa.
H1/L1 can be used is there is time left on these/ spent 1 year abroad if not
remeber cannot come back to USA using F1, B1 or any such non-immigrant visa.
H1/L1 can be used is there is time left on these/ spent 1 year abroad if not
more...
Raj Iyer
09-23 04:00 PM
Omi:
In that scenario, you must the start the process all over again if you leave the company. You can retain the priority date of the approved I-140 petition.
In that scenario, you must the start the process all over again if you leave the company. You can retain the priority date of the approved I-140 petition.
kaisersose
07-08 07:51 PM
Satyam used to have the policy of not sponsoring green cards for foreign employees in the US - except under very rare circumstances.
If you have GC plans, then Satyam may not be the place.
If you have GC plans, then Satyam may not be the place.
more...
eb3retro
04-30 09:23 PM
One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
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kiwi
06-22 09:32 AM
This is from my attorney:
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.
more...
mmk123
02-19 06:40 AM
No insurance here covers pre-existing conditions. sorry... Others can correct me, but only india network plan covers emergency conditions that arise from pre-existing conditions.. at least better than nothing. Hence, plan accordingly. You can still get expensive plans with a better coverage but still they don't cover any pre-existing conditions. Regarding normal situations, one of my friends had good experience with them for one of the claims.. pls note, i have nothing to do with them and not a PR for them.
if you shop more, you should get a comprehensive plan that covers everything but will be interesting to see how affordable it will be..
hope this helps, good luck.
if you shop more, you should get a comprehensive plan that covers everything but will be interesting to see how affordable it will be..
hope this helps, good luck.
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eb3India
11-30 11:44 AM
Hi,
I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV
I am new to Indiana, letz join here to discuss and promote IV in Indiana area, I am currently in Indianapolis, please post if you are in Indiana state and interested in IV
more...
kirupa
04-11 08:05 PM
I really like the new ones you did! I'll add up many of the new stamps from you and others in a few hours :)
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sledge_hammer
06-09 05:37 PM
Write a letter to the employer explaining that you need to get paid. Attach a copy of the timesheets and all other documets for proof. Send this via registered mail. Give him some time to respond, if he doesn't, then file a complaint with DOL.
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
more...
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puskeygadha
01-13 03:31 PM
even with MTR same company can file LC for a different position
it is completely legal
it is completely legal
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pitha
03-28 11:23 PM
I read dailykos.com, a liberal blog site, often. Recently, there has been a spate of postings there that are anti H-1B and anti high tech immigration. One example, from today, is: http://www.dailykos.com/story/2007/3/28/82450/4208. I have been posting comments as cacophonix.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
I read your response, it was good and I signed up as well. I will post my response refuting anti h1 rhetoric.
On a separate note Logiclife response was spot on and I hope IV will follow in the footsteps of dailykos in dealing with the nonsense mongers.
I will take this opportunity to bring some anti-h1 rhetoric and h1 bashing that happens in our very own IV site!!!!!!!. I don’t want to name the individual who specializes in h1 bashing, so as not to make it a personal attack on that individual. A few days ago I posted a message on one of the threads in IV saying day by day reading some responses on h1 bashing makes me feel like I am on an anti-immigrant website rather than a website fighting for legal eb immigrants.
It feels sad and disheartening to see some members attacking h1 when they themselves are on h1. By attacking h1 they are attacking the very movement and people that IV is trying to help. Sure there are some abuses on h1 but lets not attack h1 like anti immigrants. Let’s fight the people outside who attack h1 and this community but let’s also clean our own house as well and not parrot the same anti h1 rhetoric in IV forum.
dailykos.com is the most powerful and most popular liberal blog. Opinion that gets set there is influential with Democratic legislators. There is significant support there for high-tech immigration, but I think the tide could easily turn.
I need help from fellow IVers in refuting such ridiculous diaries as the one above. Please register and follow developments there, and please post responses when these issues come up.
I can't stress this enough: dailykos has a strict trolling/abuse policy. If you lose your cool and start abusing, you will get banned in a flash. So please be courteous.
I read your response, it was good and I signed up as well. I will post my response refuting anti h1 rhetoric.
On a separate note Logiclife response was spot on and I hope IV will follow in the footsteps of dailykos in dealing with the nonsense mongers.
I will take this opportunity to bring some anti-h1 rhetoric and h1 bashing that happens in our very own IV site!!!!!!!. I don’t want to name the individual who specializes in h1 bashing, so as not to make it a personal attack on that individual. A few days ago I posted a message on one of the threads in IV saying day by day reading some responses on h1 bashing makes me feel like I am on an anti-immigrant website rather than a website fighting for legal eb immigrants.
It feels sad and disheartening to see some members attacking h1 when they themselves are on h1. By attacking h1 they are attacking the very movement and people that IV is trying to help. Sure there are some abuses on h1 but lets not attack h1 like anti immigrants. Let’s fight the people outside who attack h1 and this community but let’s also clean our own house as well and not parrot the same anti h1 rhetoric in IV forum.
more...
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anilsal
01-11 03:03 PM
toward IV activities. It will not only bring you hope, peace and sense of something noble but also will benefit your cause.
Thanks for coming forward with your frustration.
Thanks for coming forward with your frustration.
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masterji
11-26 11:44 PM
How can you get original I-129? The petitoner submits that to BCIS. All you can have is a copy. Am I right?
more...
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kondur_007
02-17 04:20 PM
If you have a viable option: go for it.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
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CareerHit
10-15 12:01 AM
Wow .. I did not know that this was a grey area :)
Amazing .. no one doing this?
I have a friend who does this, but he hasn't consulted a lawyer :).
Anyone who has spoken to a lawyer?
Amazing .. no one doing this?
I have a friend who does this, but he hasn't consulted a lawyer :).
Anyone who has spoken to a lawyer?
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suren
10-07 02:35 PM
Thanks for you reply.
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
starscream
01-13 12:40 PM
Hi oaktree,
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
mrane1
05-16 03:05 AM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
I got my GC in 2007... Both me and my wifes PD was aug 03... After 2 infopass appointments and a 1000 letters to president, senators and their chaprasis we gave up. She was current for most of this period. Then last month the GC was in the mail... just like that. So based on my experience, just sit back and relax... If its your wifes desitny to get it then she will.. :D
And here is a big joke... During my second infopass the officer said my wifes application had no connecting primary and a derivative cannot be approved on its own. I told him that the primary (mine) was approved over a year back. He said they must have moved your application... I immediately pictured a govt office in India with milions of files stored in the shelves... Long story short he took a copy of my GC and my 485 notice and said it was very strange and that my wife would receive her GC in the next 2 weeks... Nothing obviously happened after that!
I got my GC in 2007... Both me and my wifes PD was aug 03... After 2 infopass appointments and a 1000 letters to president, senators and their chaprasis we gave up. She was current for most of this period. Then last month the GC was in the mail... just like that. So based on my experience, just sit back and relax... If its your wifes desitny to get it then she will.. :D
And here is a big joke... During my second infopass the officer said my wifes application had no connecting primary and a derivative cannot be approved on its own. I told him that the primary (mine) was approved over a year back. He said they must have moved your application... I immediately pictured a govt office in India with milions of files stored in the shelves... Long story short he took a copy of my GC and my 485 notice and said it was very strange and that my wife would receive her GC in the next 2 weeks... Nothing obviously happened after that!
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