vin13
03-09 08:59 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.
Right now she is on H1 as well as AOS.
How will a person fill I-9 form when she is not working. she lost her H1-B status when she stopped working. Now she will be on AOS. I do not think anything needs to be done
Right now she is on H1 as well as AOS.
How will a person fill I-9 form when she is not working. she lost her H1-B status when she stopped working. Now she will be on AOS. I do not think anything needs to be done
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snram4
01-09 07:49 PM
First of all CIR means it will take care of potential immigrants at the same time gives protection to US workers. Everyone thinks that CIR is just giving benefit for illegal and legal immigrants. But american people wanted both ways. For legailizing illegal immigrants people want future illegal immigration should be stopped that is enforcement. Pro immigrants does not like enforcement even after legailizing 12 million illegal immigrants and trying to dilute and also by putting the condition that we need more guest workers also.
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
Similarly our legal immigrants group want unlimited H1b and green card. They do not care about past american workers. Lawyers want more business and Corporations want easy access to low paid and highly intelligent and young workers and will be interested in getting rid of high paid persons. So they are making a big noise even because of H1B restriction though there are so many benefits in EB reform in Guitierez Bill. Because of H1b restriction only low paid H1bs and also bodyshoppers will be impacted. Really high skilled people will not have any impact as all of the restrictions can be easily met by them.
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
panky72
06-20 03:01 PM
Now I have a question?
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
I am also planning to do that. I think we can do that but I will clarify with my attorney next week.
My H1 is valid till May 2010 but not stamped. I have AP with me. If I go to India and come back on AP, I will still be on H1 and can even extend beyond 2010. If this is valid, then I think I do not have to get my visa stamped. That will be cool.
I am also planning to do that. I think we can do that but I will clarify with my attorney next week.
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redelite
08-26 04:01 PM
fixed.... http://www.kirupa.com/forum/attachment.php?attachmentid=47721&stc=1&d=1219780843
//Edit: woops.. sorry for double post
//Edit: woops.. sorry for double post
more...
transpass
08-02 06:00 PM
Hi there, First of all thanks for all active participants you are doing a great service.
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn’t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
Without reentry permit, they cannot enter USA.
If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn’t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
Without reentry permit, they cannot enter USA.
If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...
gcnirvana
04-23 01:00 PM
johnifanx98,
Please update the link. It doesn't work.
Thanks!
http://www.immigrateusa.us/index.php?option=com_content&task=view&id=866&Itemid=63
Please update the link. It doesn't work.
Thanks!
http://www.immigrateusa.us/index.php?option=com_content&task=view&id=866&Itemid=63
more...
desigirl
12-02 09:38 AM
What are chances of Dream Act?
What are the chances of including our provisions in the bill?
What happens if the bill passes without our provisions?
What happens if the bill fails?
WHAT ARE OUR CHANCES IN 2011?
What are the chances of including our provisions in the bill?
What happens if the bill passes without our provisions?
What happens if the bill fails?
WHAT ARE OUR CHANCES IN 2011?
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logiclife
03-22 08:02 PM
Sorry, but the agenda is already set for legislative and administrative goals of IV. Greencards for spouses of greencard holders is a painful problem and we understand that but this site and this org is specifically created and funded for relief to employment based immigration.
Thanks,
--Jay.
Thanks,
--Jay.
more...
piyu7444
09-01 06:52 PM
Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
I respectfully disagree with the statement that people who get interviewed are unlucky.
If you get an interview atleast your case is processed (FBI check and all are done prior to interview MOSTLY but not for all cases). Instead of that your file is s'h'itting at a bigger USCIS location it just sits in a local office. The concern that there is no way to find out where the file is when dates are current is true if your file is at a national ctr or at any other office. You cant do much.
In the case when file is at a local office you atleast know where it is and can try various things with the help of infopass and attorney. (Ask your lawyer and he/she should be able to tell you how to get GC when case is just waiting for a damn visa # and is at a local USCIS office)
Instead of not knowing where the file is, what has been processed or not its better to know that all you need is a VISA # and you can always prepare to get the real thing when you see the VISA BULLETIN and know that you are current for the coming month.........
If it does not make sense I probably wont have stamina to re-write....just too busy at work.........so I am hoping this helps.
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
I respectfully disagree with the statement that people who get interviewed are unlucky.
If you get an interview atleast your case is processed (FBI check and all are done prior to interview MOSTLY but not for all cases). Instead of that your file is s'h'itting at a bigger USCIS location it just sits in a local office. The concern that there is no way to find out where the file is when dates are current is true if your file is at a national ctr or at any other office. You cant do much.
In the case when file is at a local office you atleast know where it is and can try various things with the help of infopass and attorney. (Ask your lawyer and he/she should be able to tell you how to get GC when case is just waiting for a damn visa # and is at a local USCIS office)
Instead of not knowing where the file is, what has been processed or not its better to know that all you need is a VISA # and you can always prepare to get the real thing when you see the VISA BULLETIN and know that you are current for the coming month.........
If it does not make sense I probably wont have stamina to re-write....just too busy at work.........so I am hoping this helps.
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sarasuva
01-30 08:44 AM
I had same experience with H1B 8 months back.I had to leave the country due to H1B Xtension denial and MTR denial.As my I140 got approved the day i landed, my employer got 3 years H1B approved and i came in with that again. Now again I140 getting "Intent to revoke". Track record of employer with USCIS is not good. That is why I am worried and looking for other options on worst case. Can you let me know about the 3 questions I asked above in my original question.
Due to repeated issues I am asking the about other options and questions.
Due to repeated issues I am asking the about other options and questions.
more...
logiclife
02-15 12:03 PM
One more thing about stamping in Canada and Mexico.
The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.
So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".
On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.
Then you would have to fly directly from Canada to your home-country for stamping.
The chances of getting a new H1 stamp, even if you have another H1 stamp that's expired, are very low if you have no college Education from USA.
So if you have your college degrees from outside USA, its best to go to home country for stamping. The reason is that the consulate would simply pass the buck and say "Go to your home country for stamping as we do not have qualified people to evaluate your education from India/China/whatever".
On the other hand, if you have MS, or BS from USA, then visa stamping should be a fairly easy process, unless there are other complications in your case.
Then you would have to fly directly from Canada to your home-country for stamping.
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hinvin66
08-06 06:46 PM
Dhundhun
I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.
RD: 08/02/2007, ND: 09/17/2007 @NSC
Have you seen any LUD's recently?
I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.
RD: 08/02/2007, ND: 09/17/2007 @NSC
Have you seen any LUD's recently?
more...
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getta05
03-27 10:40 PM
Oh no
Im on a L2 visa.
Im on a L2 visa.
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girishvar
08-15 12:09 PM
You have to use I-824 if you change the consulate, if it is a consular case. If your I-94 is extended within america, there is no need. However because of PIMS, it is better to initiate a I-824 and get confirmation before proceeding for stamping. It is better to check your lawyer to get the right legal advise.
more...
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Maverick_2008
04-16 09:14 AM
Friends, my EAD/AP will expire later this year along with my 8th year H-1B extension. My 140 isn't approved yet. Now, what happens if my employer wants to cut costs and says let's extend only your H-1B for now and let your EAD/AP expire? If I'm not wrong, filing for H-1B/H4 extension is cheaper than that for EAD/AP.
Specifically, these are my questions:
1. Can I extend EAD/AP on my own?
2. If I let my EAD/AP expire and continue working on H-1B, can I reinstate them (EAD and AP) at a later date in the future once my 140 is approved? In this scenario, there will be a gap between two successive EAD/APs.
Thanks.
Maverick_2008
______________________
EB3, India
PD: Feb 03
140/485 RD: July 26, 07, TSC
140/485 ND: Sept 17, 07, TSC
140/485 Status: Waiting..
Specifically, these are my questions:
1. Can I extend EAD/AP on my own?
2. If I let my EAD/AP expire and continue working on H-1B, can I reinstate them (EAD and AP) at a later date in the future once my 140 is approved? In this scenario, there will be a gap between two successive EAD/APs.
Thanks.
Maverick_2008
______________________
EB3, India
PD: Feb 03
140/485 RD: July 26, 07, TSC
140/485 ND: Sept 17, 07, TSC
140/485 Status: Waiting..
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me_myself
12-19 04:55 PM
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
Thanks a lot.
more...
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gcseeker2002
03-05 05:52 PM
If this happens, there will be some other type of insurance for the bank accounts that will be set up at that time, btw , if your money is in any of the sensitive banks it is better to move it out to more stable banks.
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sanju
06-30 02:25 PM
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
Show us that you too know something about DOS. Please let us know what you know whether it's 50% truth or 98%.
We badly need an update from core team... even if it's conditional update.
Show us that you too know something about DOS. Please let us know what you know whether it's 50% truth or 98%.
We badly need an update from core team... even if it's conditional update.
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Lewwy
10-28 06:34 PM
Wehey - I can do all that (- website layouts) and I havent had classes yet :)
Your car is slightly different.. It has a gradient; where mine was bright purple.
Can I view a few of your sigs? Or a website you have previously made?
Your car is slightly different.. It has a gradient; where mine was bright purple.
Can I view a few of your sigs? Or a website you have previously made?
roseball
03-31 11:01 PM
I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.
punjabi
01-28 09:47 AM
CONGRATULATIONS!!!
Please donate some money to IV at the earliest so IV can continue to fight for others!!
Enjoy your new life!
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
Please donate some money to IV at the earliest so IV can continue to fight for others!!
Enjoy your new life!
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
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