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,
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kaisersose
04-16 02:29 PM
Hi Gurus,
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.
I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.
Here is my case.
PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.
I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.
After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.
Please let me know what options I have.
Thanks
GCWarrior
If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.
snathan
02-09 11:09 PM
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
do you think they will?
do you think they will?
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GCWarrior
04-16 02:57 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
Thanks
more...
amitpan007
06-29 03:21 PM
Paying little extra for few months is better than remaining uninsured. Check with your employer and health insurance if there is a pre-existing condition clause for maternity. Usually, there is none and in that case you can take a cheaper individual plan for now to cover for office visits (and pay discounted rates for those as most of them will count against deductible in any decently priced plan you choose) and later shift to employer plan as delivery time gets closer. But one thing to keep in mind is that usually depending on employer size and health insurance company you choose, declaring current status as pregnant may add more premium later.
dtekkedil
07-02 11:34 PM
I can do it...
We need to spread the word!
I would love to send this as the message - Suggested by one of our own - "prashant"
Message: ALLTHE BEST FOR FUTURE EB VISA ESTIMATES
Truly,
A victim of revised visa bulletin
But we need something that sounds a little more genuine. A bit more mature?
Any suggestions?
We need to spread the word!
I would love to send this as the message - Suggested by one of our own - "prashant"
Message: ALLTHE BEST FOR FUTURE EB VISA ESTIMATES
Truly,
A victim of revised visa bulletin
But we need something that sounds a little more genuine. A bit more mature?
Any suggestions?
more...
Gravitation
11-19 10:30 AM
For July 2nd filers, the freedom is attained on Dec 29th (180 days after filing).
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senthil
08-23 05:21 PM
on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
more...
jai_immigration
12-21 08:41 PM
NRI Investing in Stocks India:
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.
I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.
Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.
I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.
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lazycis
02-13 01:20 PM
"But the stranger who dwells with you shall be to you as one born among you, and you shall love him as yourself; for you were once strangers..." Leviticus 19:34
more...
karthkc
03-27 05:47 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
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pappu
03-06 03:03 PM
Sanju,
Please do not use bad language on the forum.
We try hard to keep it civil.
I am closing this thread and deleting your posts to stop any further use of profanity and personal remarks.
Please do not use bad language on the forum.
We try hard to keep it civil.
I am closing this thread and deleting your posts to stop any further use of profanity and personal remarks.
more...
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hydboy77
06-22 07:19 PM
good one. Here is the schedule for USCIS
2009 Pre-Adjudicate 485
2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485
and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.
Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
2009 Pre-Adjudicate 485
2010 Pre-Pre-Adjudicate Pre-Adjudicated 485
2011 Pre-Pre-Pre-Adjudicate Pre-Pre-Adjudicated 485
2012 Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Adjudicated 485
2013 Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Adjudicated 485
2014 Pre-Pre-Pre-Pre-Pre-Pre-Adjudicate Pre-Pre-Pre-Pre-Pre-Adjudicated 485
and what is Pre-Pre-Pre-Pre-Pre-Pre-Adjudication? that would be knock the living daylights out of the EB2\Eb3 India\China applicants with Employment verification letter, same semilar job restrictions etc. If a few people some how survive the Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudication USCIS will issue an RFE on how you survived so many RFE's.
Hope some aide of a congressman or senator or somebody working in USCIS reads this and realizes how inhumanely we are being treated. The above is no joke, all of us on EAD are going to be Pre-Pre-Pre-Pre--Pre-Pre-Pre-Pre-Pre-Pre-Pre-Adjudicated out of USA with RFE's and denials.
I was thinking on how USCIS may be working.. heres my thought.
Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"
Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.
Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.
To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.
:D:D:D:D:D:D:D:D:D
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for_gc
05-09 12:49 PM
I will like to attend. I will be travelling from Orlando, FL. One person.
more...
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s416504
11-16 01:30 PM
After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee ??????????
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
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freedom_fighter
01-15 09:22 AM
anyidea how long does it take for the actual card to come, after getting the CPO email. I checked my status says, welcome notice sent something.
How long does it take to get the actual card after approval notice is sent.
How long does it take to get the actual card after approval notice is sent.
more...
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transpass
07-16 11:42 AM
Can any one tell what is written on Eb3 I 140. I am assuming it will be
Sec 203 (b) (3)
but is there any text associated?
This is my understanding, when I look the 140 form...
You can either look into 'Part2 (Petition Type)' what is applied for when you file, OR you can look 'Classification' under "FOR CIS USE ONLY', where the CIS officer will approve what you checked in 'Petition Type'...
EB1--
203(b) (1) (A) Alien of Extraordinary ability
203 (b) (1) (B) Outstanding professor or researcher
EB2---
203(b) (2) Member of professions w/adv degree or exceptional ability
EB3--
203 (b) (3) (A) (i) Skilled worker
203 (b) (3) (A) (ii) Professional
Just My 2 Cents...
Sec 203 (b) (3)
but is there any text associated?
This is my understanding, when I look the 140 form...
You can either look into 'Part2 (Petition Type)' what is applied for when you file, OR you can look 'Classification' under "FOR CIS USE ONLY', where the CIS officer will approve what you checked in 'Petition Type'...
EB1--
203(b) (1) (A) Alien of Extraordinary ability
203 (b) (1) (B) Outstanding professor or researcher
EB2---
203(b) (2) Member of professions w/adv degree or exceptional ability
EB3--
203 (b) (3) (A) (i) Skilled worker
203 (b) (3) (A) (ii) Professional
Just My 2 Cents...
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smccrea
03-14 05:31 PM
What if a person creates a company (a c-corp) say to run a restaurant and works in it. I know a foreign national can own a corporation in the U.S.; but are there any estrictions on working in your own business?
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king37
01-18 11:00 AM
i applied in 2003 and got in 2005.. its very simple actually .. u can write to me i can help you out
texcan
02-21 12:03 AM
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
USCIS rules are such a mess.....god help us all.
on lighter note...
One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....
both get GC...
relax and live hapily....
Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
a good friend said donot worry ...something will take care of it...
needless to say he was right...(economy did take care of issue for me...).
-a
Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
USCIS rules are such a mess.....god help us all.
on lighter note...
One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....
both get GC...
relax and live hapily....
Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
a good friend said donot worry ...something will take care of it...
needless to say he was right...(economy did take care of issue for me...).
GC4US
07-18 04:47 PM
Could somebody explain to me, please, how is it working with the receipt date?
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
I will be going to my home country on July 21st and coming back on August 15th, 11:00 PM.......
.....my question is: if my lawyer will send the I-485 package on August 15, at 4 PM.....( and I arrive in U.S on August 15 but at 11:00 PM)...the package hits the Uscis on August 16......is it ok? when Uscis sees that I'm physically in U.S?......is it the date when the package hits Uscis or the date when the package was sent by the lawyer......what is the postal mark that Uscis takes into consideration?: the date when Fedex is sending the package( exact date of delivery) OR the date the package arrives at Uscis mailroom?
OR ...Uscis will look at the I-94( when I'm coming back the officer at the port of entry will give me a new I-94) and Uscis will see that I arrived on August 15, at 11:00 PM?
Could someone please clarify this as depending on this I have to change the schedule of my plane flight.
I would really appreciate this.
Thank you in advance!
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