narimmigration
08-13 02:45 PM
When my spouse started working using EAD, my employer told us that they cannot renew her H4 since she had already started using her EAD; also my employer renewed only my H1 and H4 for my minor son.
I suggest you to contact a good attorney to know what you should do now.
Good luck.
I suggest you to contact a good attorney to know what you should do now.
Good luck.
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sixburgh
08-13 10:58 AM
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.
Aren't all H status people supposed to have Dual Intent?
If what you are saying is true, what are the steps I need to take?
Someone is suggesting that I should revoke her h4.
What happens of the fact that she worked since the arrival of her h4 renewal.
Its been less than 100 days....
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.
Aren't all H status people supposed to have Dual Intent?
If what you are saying is true, what are the steps I need to take?
Someone is suggesting that I should revoke her h4.
What happens of the fact that she worked since the arrival of her h4 renewal.
Its been less than 100 days....
invincibleasian
03-27 02:03 PM
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
Amend the LC!
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
Amend the LC!
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arpu31
11-15 01:48 PM
Thank you for your reply.
Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.
Or can I go out of USA and get back on the same revious H4 stamping?
Thanks,
Arpu
I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.
#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.
But again, Please check with ur attorney since I am not an attorney.
Sorry if my answers will scare you a bit.
Regards,
Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.
Or can I go out of USA and get back on the same revious H4 stamping?
Thanks,
Arpu
I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.
#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.
But again, Please check with ur attorney since I am not an attorney.
Sorry if my answers will scare you a bit.
Regards,
more...
raysaikat
10-10 11:37 AM
Thank you very much for all your support.
Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ?
This is a domestic problem, not an immigration one. Legally, a dependent is assumed to _depend_ on you. Anyway, just give him a call/send an email/letter informing that his stay would be illegal after you leave.
If I leave without informing him, then what he can do on me ?
Legally, nothing.
Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ?
This is a domestic problem, not an immigration one. Legally, a dependent is assumed to _depend_ on you. Anyway, just give him a call/send an email/letter informing that his stay would be illegal after you leave.
If I leave without informing him, then what he can do on me ?
Legally, nothing.
Munna Bhai
12-14 10:16 AM
Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators� for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.
It is true that you can use evaluators but things may get tough very soon, hence my request to everyone is "be prepared" and do let us know.
It is true that you can use evaluators but things may get tough very soon, hence my request to everyone is "be prepared" and do let us know.
more...
sanjose
07-17 07:11 PM
so this is only for ppl with BOTH white card and green card.
what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?
Please read this: Entering Canada • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)
what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?
Please read this: Entering Canada • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)
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gcdreamer05
07-03 02:01 PM
Please dont take risk travelling while the h1b petition is pending.
I would advice not to travel during this case.
I would advice not to travel during this case.
more...
thomachan72
01-24 03:09 PM
Probably around April 2007. I was hoping it will clear till July 2007 but does not look like
Lets hope for a miracle!!
Lets hope for a miracle!!
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reachinus
12-24 12:44 PM
If you don't get the regular W2, then you fill in all the details that you know are correct and submit it along with your tax filings saying that you asked your employer to issue you the W2/Correct W2 with all the Pay info, but since he didn't give you the correct W2 your are using a non standard W2. IF u google it I am sure u will find it.
Its better to have pay stubs for all the time that you are on H1 to avoid future problems.
Its better to have pay stubs for all the time that you are on H1 to avoid future problems.
more...
nitkad
03-20 04:28 PM
Hi,
I heard that USCIS revoked the I140s for all the applicants who were employee of certain company as the company was fraud. In this case what happens? I have a very genuine case but I think my company may be doing some weird things.
Thanks
I heard that USCIS revoked the I140s for all the applicants who were employee of certain company as the company was fraud. In this case what happens? I have a very genuine case but I think my company may be doing some weird things.
Thanks
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ivgclive
03-21 06:29 AM
Only for the first time it is hard for you. Second time it becomes very easy.
There are many here right from PD 2003, have no parents, no brothers, no sisters, no relatives and no friends back home eventhough they still live there.
Our only relative/friend/brother/sister is USCIS nowadays, it decides what we need to do when we wake up everyday!
Eventually people may think of naming their kids like "USCIS", "DOS", "EAD", "AP" etc.
:D
There are many here right from PD 2003, have no parents, no brothers, no sisters, no relatives and no friends back home eventhough they still live there.
Our only relative/friend/brother/sister is USCIS nowadays, it decides what we need to do when we wake up everyday!
Eventually people may think of naming their kids like "USCIS", "DOS", "EAD", "AP" etc.
:D
more...
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manand24
08-03 12:17 PM
Well atleast we arent alone I guess
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
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DSLStart
07-28 09:53 PM
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On July 23, 2009, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
[
QUOTE=seeking_GC;560723]This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?[/QUOTE]
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On July 23, 2009, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
[
QUOTE=seeking_GC;560723]This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?[/QUOTE]
more...
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whattodo
07-27 02:01 PM
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
How stupid a person has to be to even ask a question like this???
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
How stupid a person has to be to even ask a question like this???
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gc_chahiye
07-26 11:17 AM
I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
more...
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Bezzer
09-06 08:51 PM
im not really new to photoshop...i've been using it for a couple of years...just never done a pixel stretch before.. :)
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lj_rr
07-23 10:10 PM
This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
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desi3933
06-21 10:30 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Unless you have another I-140 (or I-130) that can be used to support I-485, there is good chance that I-485 will be denied.
Not a legal advice.
seeking_GC
07-29 12:39 PM
I would be very surprised if it became current in the next month.
Rockford
09-11 10:59 AM
My 485 application was filed on July 1st, 2007. Yesterday I received an email from my lawyer indicating that they have received the receipts for 485, 765 & 131 for all the applicants in my family.
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
There is no hard and fast rule but this is general trend:
Texas service center is sending EAD and AP almost along with the receipt or even before the receipt in some cases.
The NSC is sending the FP for those the notice date is around 8/10.
NSC is processing EAD for those files AOS in first week of Jun. Again as I said this is general trend. There are a few lucky Jul 2nd filers that got EAD from NSC.
FP notice will be sent to your home address with appointment details. No one knows howlong it takes to get EAD from NSC. Your guess is as good as any body else's. Hope is that some of the Huly 2 nd filers get their EADs in a month's time.
I understand that it takes 3 to 4 weeks after receiving the receipt notices to hear about the fingerprinting appointment.
1. Considering the number of AOS applications filed in July, when can I expect the fingerprinting appointment?
2. Also how will that correspondence occur: mail or telephone ? Will I hear about this directly or will my lawyer hear about it?
3. Can few of you who have received the appointment for fingerprinting after filing AOS application in May 07 - Aug 07 timeframe post some details:
a) When did you receive the AOS receipts?
b) When did you hear about the fingerprinting and how?
c) When are you expecting EAD or if you have received it, how long did it take? I am aware that it takes 90 to 120 days from the date of filing and this was answered in one of my questions posted on this forum but wanted to know these stats in the current conditions.
Thanks,
There is no hard and fast rule but this is general trend:
Texas service center is sending EAD and AP almost along with the receipt or even before the receipt in some cases.
The NSC is sending the FP for those the notice date is around 8/10.
NSC is processing EAD for those files AOS in first week of Jun. Again as I said this is general trend. There are a few lucky Jul 2nd filers that got EAD from NSC.
FP notice will be sent to your home address with appointment details. No one knows howlong it takes to get EAD from NSC. Your guess is as good as any body else's. Hope is that some of the Huly 2 nd filers get their EADs in a month's time.
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