Pria
01-02 09:59 AM
My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...
I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.
Pria
I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.
Pria
poems for loved ones. my loved one passed poems
raj2007
02-20 08:43 PM
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Your status is fine once you files I-485, but travelling can be risky.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Your status is fine once you files I-485, but travelling can be risky.
poems for loved ones. poems of dead loved ones
antihero
11-27 12:36 AM
If we have an AP, then do we still require a transit visa?
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.
poems for loved ones. loved ones via facebook,
arpu31
11-17 12:59 PM
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
more...
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yestogc
06-11 04:04 PM
Correction it 2 years out of 5 for maintaining PR
http://www.cic.gc.ca/english/newcomers/about-pr.asp
http://www.cic.gc.ca/english/newcomers/about-pr.asp
poems for loved ones. Poems for loved ones
gc_dedo
06-14 05:47 PM
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
I am also not sure why the need for Consular Processing.
Why cant CIS update existing EB3 485 to new approved EB2 140.
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
I am also not sure why the need for Consular Processing.
Why cant CIS update existing EB3 485 to new approved EB2 140.
more...
poems for loved ones. Poems of Deceased Loved Ones
bluez25
08-26 02:09 PM
Yes.. I did my medicals done as soon I landed there. Got all the appoinments for the medicals before I started from here and the first thing I did was medicals.
Regarding the marriage certificate, I gave the marriage registration copy given by registrar. If the marriage certificate is in native langauage, they will not accept and they probably will need a translation affidavit. Please check the local Consulate for the exact format.
Yes.. I got in luckily 2.5 years. My priority date was feb 2006 and Eb2 category. I applied for CP when I applied for my i140 itself.
Regarding the marriage certificate, I gave the marriage registration copy given by registrar. If the marriage certificate is in native langauage, they will not accept and they probably will need a translation affidavit. Please check the local Consulate for the exact format.
Yes.. I got in luckily 2.5 years. My priority date was feb 2006 and Eb2 category. I applied for CP when I applied for my i140 itself.
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tnite
09-27 09:36 AM
Even i got the Section: UNKNOWN thing from NSC. My 140 approved on MAY 2007, But online case status is still showing case pending, Is it because of this?
Just to add to the pile, Mine says "UNKNOWN".
So what? Move on guys and if you're still worried take it with you to FP and ask the IO
Just to add to the pile, Mine says "UNKNOWN".
So what? Move on guys and if you're still worried take it with you to FP and ask the IO
more...
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hary536
05-20 03:51 PM
Hi, Thanks for the reply.
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
poems for loved ones. Memorial-Poems-Loved-Ones
jayz
07-02 11:59 PM
This is the only mode of silent protest. We need to act on it and everyone needs to send the same message...
"ALLTHE BEST FOR FUTURE EB VISA ESTIMATES"
Truly,
A victim of revised July 07 visa bulletin
"ALLTHE BEST FOR FUTURE EB VISA ESTIMATES"
Truly,
A victim of revised July 07 visa bulletin
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poems for loved ones. Poems About Loss Of Loved Ones
black_logs
04-17 08:24 AM
I have a friend whose PERM is pending since Dec'2005. But it's not as bad as yours, 10 month is....
poems for loved ones. poems of dead loved ones
psaxena
02-04 06:53 PM
Does anyone know any event management website like evite.com, where I can create and send the invite link so that everyone who wants to attend can come and enter the information.
Thanks
Thanks
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poems for loved ones. Love quotes inspirational
Michigan123
07-24 10:28 AM
usabal has put LNU .
Given Name in passport - ABC XYZ
surname -
All GC related document's name
ABC XYZ ,LNU
so bottom line is that Given name becomes first name and LNU relplaces surname (last name)
I do not know if it is correct but this is the way they have filed for me.
It is very interesting SSN has ABC XYZ
485 has ABC XYZ,LNU (LNU,ABC XYZ)
H1 has FNU ,ABC XYZ
EAD has LNU,ABC XYZ
-What a mess
-Ali
Given Name in passport - ABC XYZ
surname -
All GC related document's name
ABC XYZ ,LNU
so bottom line is that Given name becomes first name and LNU relplaces surname (last name)
I do not know if it is correct but this is the way they have filed for me.
It is very interesting SSN has ABC XYZ
485 has ABC XYZ,LNU (LNU,ABC XYZ)
H1 has FNU ,ABC XYZ
EAD has LNU,ABC XYZ
-What a mess
-Ali
poems for loved ones. love poems loved ones
kk_kk
02-03 06:51 PM
I can say for sure, Canada PR is not going to work because I went through the same situation and I was not allowed to board British Airways flight in Hyderabad with Canada PR and US AP.
I am still fighting with BA for getting an refund.
I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended
I am still fighting with BA for getting an refund.
I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended
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poems for loved ones. love poems short ones
desi3933
03-27 04:07 PM
.....
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
....
Incorrect!
Read this
www.uscis.gov/files/article/C1eng.pdf
Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"
_________________
Not a legal advice.
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
Your employer is right. You will new H-1B visa stamp and re-entry into USA to get back H-1B status.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010 so am planning to go to India to attend the embassy as soon as possible.
....
Incorrect!
Read this
www.uscis.gov/files/article/C1eng.pdf
Look for "What if I file on time but USCIS doesn�t make a decision before my I-94 expires?"
_________________
Not a legal advice.
poems for loved ones. winner of loved ones with
shantanup
03-10 01:35 PM
E-mailed
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poems for loved ones. calm mourning loved ones
dsohere
01-23 08:55 PM
Hi,
Have you been fully admitted to the new school? If so, the DSO at that school should contact the SEVIS Helpdesk for instruction on getting your SEVIS record transferred. And as long as that is in the works, you're fine. You should be able to go to the new school no matter what the status of of your SEVIS record. If you have been admitted to another school and requested to transfer, then you have done everything correctly. It will likely take them some time to deal with all the SEVIS records of all the student, but this issue was beyond your control, and in my experience students are not penalized for these type of situations.
This must be quite a stressful situation for all TriValley students. I wish that SEVP would contact all the students or post some message making clear to all students about exactly what they should do, especially if they are currently working, and to other schools about how they should handle the transfers.
Please post again about how it all works out and I wish you the best in getting settled into a new school.
all the best,
LK
"Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya[/QUOTE]
Have you been fully admitted to the new school? If so, the DSO at that school should contact the SEVIS Helpdesk for instruction on getting your SEVIS record transferred. And as long as that is in the works, you're fine. You should be able to go to the new school no matter what the status of of your SEVIS record. If you have been admitted to another school and requested to transfer, then you have done everything correctly. It will likely take them some time to deal with all the SEVIS records of all the student, but this issue was beyond your control, and in my experience students are not penalized for these type of situations.
This must be quite a stressful situation for all TriValley students. I wish that SEVP would contact all the students or post some message making clear to all students about exactly what they should do, especially if they are currently working, and to other schools about how they should handle the transfers.
Please post again about how it all works out and I wish you the best in getting settled into a new school.
all the best,
LK
"Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya[/QUOTE]
poems for loved ones. honoring the loved ones
paulinasmith
08-10 09:05 PM
I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....
poems for loved ones. Your friends or loved ones
GCStatus
09-15 12:17 PM
Good to see this
We all join together in our mission. We will include this in part of confronting first. Check out the other thread as well
We all join together in our mission. We will include this in part of confronting first. Check out the other thread as well
rakesh_one
03-19 11:44 AM
Just wondering, a 2005 check is a very valid check. A check with future date is not valid for cashing immediatly. This may be invalid if the lawyer didnt had the account in 2005.
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
My LCA was approved in July 2007.
My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.
The USCIS returned the application asking us to re-send the application with a new check.
My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.
I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.
Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.
All suggestions are highly appreciated.
DSLStart
03-30 10:00 PM
Congrats :)
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
