dpp
02-21 01:25 PM
Dec 21, 2006
For those that can see the Feb updates can you please post what date they are showing for:
I-129 ( H1-B Speciality Occupation Extension of stay)
Thanks
For those that can see the Feb updates can you please post what date they are showing for:
I-129 ( H1-B Speciality Occupation Extension of stay)
Thanks
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nlssubbu
12-08 12:17 PM
Her H4 is not valid. She did travel to India without an approved AP.
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
Can we cancel her GC application and bring her back on H4?
Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?
Thanks
srsrsr
07-20 06:09 PM
My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
Any ideas when can be the date current again(for my PD atleast)?
Any ideas when can be the date current again(for my PD atleast)?
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Blog Feeds
04-22 06:20 PM
Rasmussen Reports indicates in their latest poll that only 5% of Americans list immigration reform as a top priority, a number that is consistent with historical numbers but is much reduced from the last few years when anti-immigration activists whipped up a wave of nativism not seen in many years in the US. One of the reasons immigration measures big and small have not succeeded in recent years is because the entire issue of immigration has been perceived as radioactive and no one wanted to take on the crazies. As it becomes clear that dealing with immigration issues isn't something...
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
more...
augustus
10-08 07:42 PM
Interesting question! Logically, as soon as a H4 holder starts using EAD the H4 becomes invalid. As long as the primary is in valid H1B status, the dependent should be able get back to H4 status even if the 485 is denied.
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
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gsc999
04-13 11:32 AM
Lets not despair about lack of support from other organizations. We have 10K+ members now. We are gaining momentum. It won't be long before these organization come to us for support. Given the presidential election looming on the horizon, maybe some of the candidates will need endorsement from us, maybe not, who knows. Lets use this time to meet the lawmakers and educate them about our issues.
I recently called a Senate office and told them about my support for the STRIVE bill in the House and to seek their support for a similar bill in Senate. The staff members had no idea about STRIVE bill. I send them more info. they were willing to understand provided we spend the time. Now we are meeting them in person to highlight our issues in more detail. This is the best way to help ourselves. In the end, if your have to get some thing done you have to get involved. Please top lamenting lack of support. Lets not get linear about this, that unless we get support from others we won't do this. Lets focus on our own efforts.
I recently called a Senate office and told them about my support for the STRIVE bill in the House and to seek their support for a similar bill in Senate. The staff members had no idea about STRIVE bill. I send them more info. they were willing to understand provided we spend the time. Now we are meeting them in person to highlight our issues in more detail. This is the best way to help ourselves. In the end, if your have to get some thing done you have to get involved. Please top lamenting lack of support. Lets not get linear about this, that unless we get support from others we won't do this. Lets focus on our own efforts.
more...
India_USA
10-05 10:46 AM
my wife doesnt have EAD or H4. she has AP only which expires in mar 2011 and so does AP stamp on her i94.
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
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jonty_11
01-15 10:29 AM
Hi,
Out of the 3 - CELPIP, IELTS,
which do u think is teh preferred test for us?
Just got Letter from Buffalo Canada Consulate to provide results of this test.
Plus Looks like IELTS does not have a test location in the state I reside in.
Out of the 3 - CELPIP, IELTS,
which do u think is teh preferred test for us?
Just got Letter from Buffalo Canada Consulate to provide results of this test.
Plus Looks like IELTS does not have a test location in the state I reside in.
more...
admin
04-13 10:00 PM
Section 406(Pg 287) and Sec 619(Pg 503) of S 2612 discusses the effective date of the new rules. But these dates pertain only to provisions for the unskilled temporary worker program and the agricultural worker program. I think Session's amendments was for only these 2 categories. Other stuff like Border Security they would want to get it going at the earliest.
I have not read all 614 :eek: pages of the bill, but from whatever I have read it doesn't look like the bill is specifying any particular effective date for our provisions. So by default it should become effective immediately. :)
But please do note that because of various changes like the STEM exemptions, USCIS will take some time for rule making. So that might take some time.
I have not read all 614 :eek: pages of the bill, but from whatever I have read it doesn't look like the bill is specifying any particular effective date for our provisions. So by default it should become effective immediately. :)
But please do note that because of various changes like the STEM exemptions, USCIS will take some time for rule making. So that might take some time.
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voldemar
03-20 11:15 AM
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.
more...
yabadaba
06-21 07:35 AM
Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.
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docwa
04-11 03:08 PM
Sure moonlighting should definitely be ok.
Will being a fellow be ok too? Its open only to internists, but is a training program in oncology. Its only 2 years, and looking at to current rate of processing, I should be done by the time my PD (sept 2006) is current.
Will being a fellow be ok too? Its open only to internists, but is a training program in oncology. Its only 2 years, and looking at to current rate of processing, I should be done by the time my PD (sept 2006) is current.
more...
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cptbaseball
05-14 11:22 AM
Hi attorneys,
I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?
Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???
Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?
Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?
Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?
Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?
I came to US on L-1B visa with expiry date of Nov-28-2009. My same company this year filed H-1B with COS using Premium processing. My H-1B and COS has been approved now.
Q#1: My question is that can I travel to & back from India from Aug-2-2009 to Aug-19-2009 and enter Port of entry on my L-1B visa?
Q#2: When I come back I will enter on L-1B visa, will this abandon my approved COS and H-1B?
Q#3: If I travel based on Q#1 and Q#2 will I still be automatically converted to H-1B on Oct-1-2009? Actually I prefer to switch on to H-1B from Oct-1-2009???
Q#4: Since I will get a new I-94 when I enter USA on Aug-19-2009 what happens to my COS I-94. The number may be conflicting. Is that a problem?
Q#5: Next year that is Dec-2010 I have travel plan to India again, which I-94 will I submit when I leave USA?
Q#6: Next year (Dec 2010) when I leave for India, I would need visa stamping? Will this travel in Aug-2009 affect it? Can the Visa Officer just make it an issue?
Q#7: Will I have any out of status issue in the future that may jeopardize, any future visa stamping or my GC process by traveling in August 2009?
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sj2273
06-11 02:30 PM
I missed the last rally and I regret it. There was a moment in time when we were all really energized. The flower campaign was brilliant. But now we seem to have lost that fire - me included! I dont even remember my dates anymore. I know we have a serious problem of getting people together for anything. But starting small in our own cities and connecting to a national IV would probably work. I am here in Sterling Heights, MI (Detroit Metro Area) and I am willing to host people in my area It will be great if others in other cities can do that too. I am dre. ming, but think about it if this works. We can march to washigton again such large numbers that everyone will notice. I really think its time to get together and do something. Bouncing ideas on IV boards is great but lets meet and get to know each other and see if can talk about this problem face to face across the country. Thats what grassroot effort it!. If nothing, we will find new friends in each other. I hope to find that fire in us again and I thank you for reading my post!
more...
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mpadapa
10-09 01:32 PM
IMHO.. Its better to resolve the out-of-status issues before U file for 485. Please consult a good attorney.
If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.
If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.
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seahawks
06-29 08:59 PM
nixstorI don't have any input on that, my attorney told me he is busy, he has other applications that flood his office, even if he writes a letter, the wont do anything in USCIS, go for FP and explain to them the situation. He also said I should have looked at it! bummer
more...
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vik352
12-03 01:21 PM
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?
Thanks!
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Beta_mle
02-20 06:52 PM
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
Thanks for your response, Roseball. I really appreciate this community where we can share information and ideas and people like you who share. I gave you green by the way.
Upon further review, I have realized that his 485 was filed when he was in status, ie after his H4 had been extended again. I got mixed up because we had a previous set of 485 applications which were withdrawn on a technicality and when answering previously I looked at the wrong one. The current pending applications happened after we had re-applied and were approved with no trouble at all. I surmise therefore based on your previous post that we should be in good standing and have no trouble when it comes to adjudication? What do you think? I might still consider going to get a stamp, just in case, or is this overkill?
Thanks!
Thanks for your response, Roseball. I really appreciate this community where we can share information and ideas and people like you who share. I gave you green by the way.
Upon further review, I have realized that his 485 was filed when he was in status, ie after his H4 had been extended again. I got mixed up because we had a previous set of 485 applications which were withdrawn on a technicality and when answering previously I looked at the wrong one. The current pending applications happened after we had re-applied and were approved with no trouble at all. I surmise therefore based on your previous post that we should be in good standing and have no trouble when it comes to adjudication? What do you think? I might still consider going to get a stamp, just in case, or is this overkill?
Thanks!
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waitnwatch
04-03 05:43 PM
I guess Amartya Sen the Nobel Prize (technically not actually called a Nobel) winner in Economics is still a green card holder.
By the way you guys could also check out Prof. C. R. Rao at Penn State. His website is http://www.stat.psu.edu/people/faculty/crrao.html
http://www.amstat.org/about/statisticians/index.cfm?fuseaction=biosinfo&BioID=13
Dr. Rao was awarded the National Medal of Science, the nation's highest award for lifetime achievement in fields of scientific research, in June 2002.
By the way you guys could also check out Prof. C. R. Rao at Penn State. His website is http://www.stat.psu.edu/people/faculty/crrao.html
http://www.amstat.org/about/statisticians/index.cfm?fuseaction=biosinfo&BioID=13
Dr. Rao was awarded the National Medal of Science, the nation's highest award for lifetime achievement in fields of scientific research, in June 2002.
simple1
02-15 11:37 AM
I have the same query:
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
jungalee43
03-01 08:19 PM
Is our fax campaign continuing or on hold for the time being?
We have learnt some lessons at the time of S1932. Our campaign was dead after HR4241 was passed and we were waiting for conference committe to be announced. This was the period when the campaign of NumbersUSA and FAIR actually peaked. They in fact advised members to stop faxes two days before the conference committee was announced. Their organizers knew how the conferences work and they finished work before the committee was formally announced.
Of course with QGA guiding us this time we are not going to repeat that mistake. Our campaigns should focus on senate and house separately & exactly when it is needed and must reach peak just at right time. With limited options available to us as 'aliens', actually meeting representitives or their staff should be the approach. One meeting is equal to ten faxes.
We have learnt some lessons at the time of S1932. Our campaign was dead after HR4241 was passed and we were waiting for conference committe to be announced. This was the period when the campaign of NumbersUSA and FAIR actually peaked. They in fact advised members to stop faxes two days before the conference committee was announced. Their organizers knew how the conferences work and they finished work before the committee was formally announced.
Of course with QGA guiding us this time we are not going to repeat that mistake. Our campaigns should focus on senate and house separately & exactly when it is needed and must reach peak just at right time. With limited options available to us as 'aliens', actually meeting representitives or their staff should be the approach. One meeting is equal to ten faxes.
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