gc@waiting
09-30 07:01 PM
Thanks very much dingudi.
BUT does anyone know as to what are the options if the 140 is still pending and the applicant is laid off after 6 months of 140/485 pending?
BUT does anyone know as to what are the options if the 140 is still pending and the applicant is laid off after 6 months of 140/485 pending?
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sekharan
10-14 11:51 AM
She already has the GC in hand.
She has been maintaining "permanent residence" for 2+ years since she got the GC in hand.
We are a little bit confused about the F4 category bit being about "unmarried and below 21 years of age".
In mosts texts we do not see "unmarried" the restriction - is it that the person for who GC has been filed needed to be bewlo 21 AND unmarried BEFORE she was issued the GC, but these restrictions do NOT matter ONCE she got the GC?
She has been maintaining "permanent residence" for 2+ years since she got the GC in hand.
We are a little bit confused about the F4 category bit being about "unmarried and below 21 years of age".
In mosts texts we do not see "unmarried" the restriction - is it that the person for who GC has been filed needed to be bewlo 21 AND unmarried BEFORE she was issued the GC, but these restrictions do NOT matter ONCE she got the GC?
Lisap
08-16 05:54 PM
I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.
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pappu
10-05 01:13 PM
IV makes a public announcement of its advisory board today. These advisors have been associated with Immigrationvoice for quite some time and we have decided to make the names public after they gave us permission to make their information public. Some more names will be announced in the near future if others associated with IV agree. These are top leaders in administration, industry, research and advocacy. We have been happy and fortunate to have them with Immigration Voice. We thank all IV members for supporting IV due to which we could make IV a nationally respected organization and a voice of legal high-skilled community. Its time for us now to work together and achieve our goals.
Please watch the homepage for information about these leaders.
The bios of the board members are here http://immigrationvoice.org/index.php?option=com_content&task=view&id=94
Please watch the homepage for information about these leaders.
The bios of the board members are here http://immigrationvoice.org/index.php?option=com_content&task=view&id=94
more...
yagw
07-27 01:55 PM
yagw,
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
By law, you need to notify change of address within 10 days of your move.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
Regarding your comment
>>BTW, if your address changed (since you mentioned the job is in different city), then you HAVE to file the AR-11 within 10 days. Don't take chance on that...
Since i do not want to rock the boat can i wait till Sep 1st before i submit the address change else they would probably notice why i changed to a different city?
By law, you need to notify change of address within 10 days of your move.
DISCLAIMER: I am not an Attorney and this is not a legal advice.
logiclife
07-11 11:40 AM
There are legitimate ways to deal with such business situations. Its called "Fair buiness practices", something that many employers, especially the "Desi" ones may not have heard.
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".
No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.
But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way. Just like you count vacation pay and other benefits like health insurance, etc as "Cost of hiring/retaining".
No one stays on bench forever, but every once in a while, there are 2 weeks here and 3 weeks there when you are between projects or simply, moving from location A to location B. You cannot work while you are moving in your U-Haul truck. But then, if the employer were to pay for every single bench(non productive time), then its not hard to figure out how to fund that bench salary. They can fund it by cutting the wages across the board by 5-10%. Just like they fund vacation period. Vacation is also non-productive, unbillable time like bench period. But 2-weeks paid vacation is pretty standard in most jobs. Such non-productive times are accounted as "Cost" of hiring/retaining employees besides the salaries and other benefits like health insurance.
But like I said, honor-system and fair business practise is something many employers of this class of "Synergy employers" havent heard of. Employees, if participating in an unholy alliance, really shouldnt be responsible, coz they dont call the shots of how the businesses are run. The employer has to have more grey-matter in his head to work out a legal way of running business where non-productive times and benches are inevitable.
more...
aviv
09-25 11:34 AM
before the new quota begins..
Any ideas how many visas are left? I still see a few approvals in ...
Could we see more approvals coming starting Oct 1 st?
I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...
my last resort will be AC-21 Jan 2008
Mr LouDobbs!!
What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything
EB2/India/PD - July 2003
I140 approved - Dec 2006 at TSC
I485 mailed on 29th June to TSC
RD for 485, 131 and 765 is 8/15
recd EAD with Country of birth USA!! - 8/23
FP done on 9/14 - Got LUD after FP
Recd I 765 on 9/19
Any ideas how many visas are left? I still see a few approvals in ...
Could we see more approvals coming starting Oct 1 st?
I am getting desperate. MY PD is Aug 03 EB2 and it is current. Every day is a torture working for my current employer...
my last resort will be AC-21 Jan 2008
Mr LouDobbs!!
What does only 3 days left mean and how does it impact you? Would a new quota kicking mean anything
EB2/India/PD - July 2003
I140 approved - Dec 2006 at TSC
I485 mailed on 29th June to TSC
RD for 485, 131 and 765 is 8/15
recd EAD with Country of birth USA!! - 8/23
FP done on 9/14 - Got LUD after FP
Recd I 765 on 9/19
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bbenhill
03-11 12:32 PM
Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)
her pregnancy is sometime around 6 months now and they will need insurance..
Thx for your help :)
* Coming as H4 --> So, assuming to join a H1 or equivalent.
* Spouse must be covered by his employer.
* As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
* Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.
Relax.
her pregnancy is sometime around 6 months now and they will need insurance..
Thx for your help :)
* Coming as H4 --> So, assuming to join a H1 or equivalent.
* Spouse must be covered by his employer.
* As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
* Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.
Relax.
more...
sam_austin77
12-18 11:34 PM
Team,
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
I need advise. Some should respond to my query. It is still unanswered after 190 views. I need to make some quick decisions. Naukri ka sawaal hai!!
Thanks
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puvathoor
03-14 03:27 PM
I read at Ron Gotcher's website that Admin fix cannot recapture unused visa #s (for that one needs a congressional mandate).. Is this correct? Can someone from IV team who has had contact with legal community comment on this?
At the same time, I think IV campaign to bring the visa recapture and other LEGAL immigration issues to the forefront is laudable. At the minimum, we have ~ 20k letters out there detailing our problems..
At the same time, I think IV campaign to bring the visa recapture and other LEGAL immigration issues to the forefront is laudable. At the minimum, we have ~ 20k letters out there detailing our problems..
more...
WaitingForMyGC
01-30 03:18 PM
How reliable is this Tracker(or any) data? I don't think all the registered people who gets their GC would come back and change the status of their application to 'Approved' in the Tracker. Though its better than nothing but still data is too vague to derive any real conclusion.
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shreekhand
08-17 02:52 PM
So, the bottom portion of you H1 approval notice (I-797) does not have an I-94 ?
If not, then doing it in Canada for the first H1 can be a big gamble.
If not, then doing it in Canada for the first H1 can be a big gamble.
more...
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a_paradkar
08-08 07:45 AM
Pamposh:
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
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vin13
03-13 12:51 PM
FBI Arrests DC Official (http://blogs.abcnews.com/politicalpunch/2009/03/fbi-arrests-dc.html)
Comments of people in this blog; perhaps they think of non-immigrant the same way people think of Mutant in X-men.
Some Contracting IT companies are giving a bad name to the whole H1-B process. Again, I am saying "SOME" not all.
Comments of people in this blog; perhaps they think of non-immigrant the same way people think of Mutant in X-men.
Some Contracting IT companies are giving a bad name to the whole H1-B process. Again, I am saying "SOME" not all.
more...
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maru
09-12 04:51 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
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India76
09-17 01:20 PM
Myself and wife are going to India in end of October and coming back in mid on November (We have already purchased the tickets).
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
I would like to know our options to reenter the US.
Our status:
1. We both have valid H1-B Visa(Mine is valid till Nov. 2011 and Wife's visa is valid till 2013) but both of our visa stamp is expired.
2. We both have Valid AP and is expiring in feb 2011.
3. Both have valid EAD but both of them are expiring in Nov. 2010 and we have not applied for renewal as of today and are planning to apply by next week.
4. We both work in same company on H1-B (not using EAD) and we both applied for GC/485 seperately and are working for sponsering company.
My questions (I know this has been discussed many times in different threads but its all spread across with different information):
1. I was thinking of not getting a visa stamp this time but use AP to reenter but continue to work on H1-B visa. But my EAD will expire by the time I come back in mid november. Is it required while reentering on AP? Will Immigration officer ask for EAD? (assuming that I don't get a new EAD by the time I leave USA)
2. Lets say I can reenter using AP (with expired EAD), I read that I-94 will be valid for the time until AP expires (lets say one year) and I-94 will say parolee. Can I continue to work on H1-B and not worry about naything after that I-94 valid date expires as long I renew my H1-B and renew AP and EAD?
Please advice as soon as you can.
Thanks
more...
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dpp
12-02 03:44 PM
Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).
I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.
Would appreciate any advice i can get. Thank you!
Same thing happened to me as well yesterday. Mine is also EB2 April 2006 PD.
I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.
Would appreciate any advice i can get. Thank you!
Same thing happened to me as well yesterday. Mine is also EB2 April 2006 PD.
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Can2004
03-02 11:35 PM
Thanks guys. Luckily I still have the U-haul rental receipts and all credit card statements for that period. Will send all that. I hope that will help.
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ujjvalkoul
02-28 12:37 PM
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
skp71
07-13 10:32 AM
Her 485 has been filed FOUR years ago sir.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
She is NOT in H4 status anymore the day your I-485 is approved.
She has 180 days (from your approval date) to file I-485 application, otherwise she has to do follow-to-join CP at consulate abroad.
Consult a good attorney asap.
____________________
Not a legal advice.
natrajs
08-02 12:05 AM
Best Wishes from Tri State
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