s416504
08-29 12:24 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
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DC ASH
09-20 10:14 AM
My corporate attorney told me that one is okay as long as one doesn't sya beyond 180 days from expiry without applying for a renewal, so you have 6 months to apply.
Better check with an attorney, but I am sure you are just fine.
Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
Are you saying that one can apply for extension within 180 days of H1b expiry date !?
Better check with an attorney, but I am sure you are just fine.
Also, we had a 'nunc-pro-tunk' situation, but that kicks in only after 180 days , so I told.
Are you saying that one can apply for extension within 180 days of H1b expiry date !?
jonty_11
06-20 06:15 PM
Thanks.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
as per my Co lawyer..U can add ur spouse at any time before ur appplication is adjudicated upon.
Can I go-ahead and file now and include my Wife later into the I-485, in about 4 months time.
as per my Co lawyer..U can add ur spouse at any time before ur appplication is adjudicated upon.
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alex77
10-11 01:39 PM
If you have not used EAD then your H1B is still valid and so spouse's H4 should be valid too. If you have used EAD then your H1B is not valid and in that case, your stay becomes illegal too.
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
more...
lost_in_migration
09-22 09:35 AM
This was a good one!!
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
hpandey
02-10 08:23 PM
The bigger problem is that your parents visa has already been rejected twice and that would be in their database. And that was when your parents were working. Now they are also retired which also adds another complication since the visa officers look to see if the people who a asking for a visitors visa have anything left in India to come back to ( like real estate , good bank balances , jobs , family etc )
I don't think it matters much if you are sponsering them or they are paying for it themselves.. its the twice visa denial in past that might be the key.
I don't think it matters much if you are sponsering them or they are paying for it themselves.. its the twice visa denial in past that might be the key.
more...
garybanz
03-09 11:35 AM
thanks all for suggestions
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
His company is filing for LCA today and will see where it takes
It's probably going to be too little too late to just file an LCA now.
I am not sure why people like your brother don't get in touch with top attorneys (Murthy/Khanna etc) and get their case back on track, depending on employers to handle such complications is very risky and not necessarily in the best interest of the employee.
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diptam
06-26 02:07 PM
I'm working in a direct Client site of my Employer and i work on H1B.
Won't i be allowed to enter this office from OCT1st 07 or that's OCT 2008 ??
First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
Won't i be allowed to enter this office from OCT1st 07 or that's OCT 2008 ??
First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
more...
Immigstories
01-21 06:56 PM
Gurus
Please share your thoughts on my question above.....
Please share your thoughts on my question above.....
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kondur_007
08-17 02:31 PM
Hi Everyone,
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
Sounds like someone at SSN office who may not know much about immigration.
If your I 797 came with attached I94, then you certainly can apply for SSN card. Just ask for supervisor at the SS office and talk to them.
If your I 797 does not have attached I 94 (meaning that you are still in H4 status), then I do not know for sure what the procedure would be to apply for SS card.
Good Luck.
I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
The Officer asked me to visit USCIS office to apply for EAD.
Please help me with this situation..Does a H1 get an EAD and then a SSN?
Thanks N Regards,
Sushie
Sounds like someone at SSN office who may not know much about immigration.
If your I 797 came with attached I94, then you certainly can apply for SSN card. Just ask for supervisor at the SS office and talk to them.
If your I 797 does not have attached I 94 (meaning that you are still in H4 status), then I do not know for sure what the procedure would be to apply for SS card.
Good Luck.
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MetteBB
05-11 03:46 PM
Here's an orange
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PDOCT05
02-16 11:25 AM
Rajen,
Don't worry...I my self got RFE(For EVL),My wife got for Birth Certificate and for my son(I-693 missing section 3)...we got it for three diff reason.Just submit what ever they requested..and good luck.
Thx
Don't worry...I my self got RFE(For EVL),My wife got for Birth Certificate and for my son(I-693 missing section 3)...we got it for three diff reason.Just submit what ever they requested..and good luck.
Thx
more...
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saimrathi
07-10 08:33 AM
No checks cashed yet...
PD Mar '05
485 + 140 Concurrently sent on 6/30 recd at NSC on 7/2/07.
PD Mar '05
485 + 140 Concurrently sent on 6/30 recd at NSC on 7/2/07.
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InTheMoment
02-22 10:54 AM
The best recourse would be to pay the $100 or so and ask a qualified attorney; but from the J-1 cases of friends that I had seen closely here is what I can say:
2.) This unfortunately, I have understood you cannot do without the 2yr residency requirement
3.) Yes, possible
4.) Yes
5.) It needs a lot of planning to fit in the waiver categories whether Conrad 20 state/federal interested agencies. If by some chance it gets messed up, you HAVE to goback for 2 years, irrespective of the fact that you are a benificiary on your husband's Immigration petition. In fact that was the reason my wife went for a H1 sponsoring hospital.
www.o-1eb-1j-1waiverlawyer.com I find is a well known attorney specializing in Physician immigration issues.
2.) This unfortunately, I have understood you cannot do without the 2yr residency requirement
3.) Yes, possible
4.) Yes
5.) It needs a lot of planning to fit in the waiver categories whether Conrad 20 state/federal interested agencies. If by some chance it gets messed up, you HAVE to goback for 2 years, irrespective of the fact that you are a benificiary on your husband's Immigration petition. In fact that was the reason my wife went for a H1 sponsoring hospital.
www.o-1eb-1j-1waiverlawyer.com I find is a well known attorney specializing in Physician immigration issues.
more...
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gc_chahiye
09-27 02:05 AM
Actually, I don't think there really is a ROW is there? Isn't it just that 193 country columns isn't practical.
actually as and when a country hits the 7% per-country limit or in general becomes a big consumer of visas, it gets its own column.
China for instance has been in and out. In 1999 it was its own column, became part of ROW in 2002 and now again has its own column:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1350.html
Dominican Republic was there in 1995, but is now part of ROW:
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
actually as and when a country hits the 7% per-country limit or in general becomes a big consumer of visas, it gets its own column.
China for instance has been in and out. In 1999 it was its own column, became part of ROW in 2002 and now again has its own column:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1350.html
Dominican Republic was there in 1995, but is now part of ROW:
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
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vinzak
01-04 11:34 PM
This is how they could have replied. They should have started a 10 Rs. Education cess on every McDonald burger sold and every Pepsi/Coke bottle sold and every pizza sold by pizza hut & Dominos. This is barely anything, as it is only what we see on the surface, other big corporation like Walmart and several defense contractors are also operating freely and feeling home. Indian govt. should start taxing them..
America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..
When it comes to shaking down foreign companies, the Indian govt. is way ahead of the US govt. The Indian govt is suing Vodafone for acquiring Orange and Kraft for acquiring Cadbury insisting that these companies should have done a tax deduction at source when buying these companies. Meaning that if Kraft bought Cadbury for $100mill, they should have paid only $70 mill and sent the $30 mill check to the govt.
Look it up, and you'll realize that any government in the world will shake anyone down for some extra money, not because it's right but BECAUSE THEY CAN!!!
America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..
When it comes to shaking down foreign companies, the Indian govt. is way ahead of the US govt. The Indian govt is suing Vodafone for acquiring Orange and Kraft for acquiring Cadbury insisting that these companies should have done a tax deduction at source when buying these companies. Meaning that if Kraft bought Cadbury for $100mill, they should have paid only $70 mill and sent the $30 mill check to the govt.
Look it up, and you'll realize that any government in the world will shake anyone down for some extra money, not because it's right but BECAUSE THEY CAN!!!
more...
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hopelessGC
04-28 11:45 AM
The thing is it is kind of strange that they are working on Sundays to reopen cases.
I hope things work out for good for everyone.
In my wife's case it is just a soft LUD. She is not even using that H1-B anymore.
I hope things work out for good for everyone.
In my wife's case it is just a soft LUD. She is not even using that H1-B anymore.
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Aah_GC
06-01 01:37 AM
As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
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rajeshiv
07-13 12:05 AM
what case are you talking about ... is it H1 or 485?
-RR
-RR
ajju
02-28 01:33 PM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...
Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...
Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...
But you must check with lawyer...
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...
Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...
Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...
But you must check with lawyer...
rajev_kk
06-19 09:14 PM
Hello,
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
Is the Nebraska Service Center fast or is there any other center that is fast. I am filing 140 and 485 together so kindly advice. Also, I would be getting married in 5 months in India and my Wife would come with me after that. Can I include her after she comes here? Is there anything that I would be aware off. Please advice. Thanks!
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