immiguy
07-20 04:35 PM
Same question. My friend is pregnant and wants to deliver the baby in India. They have filed for AoS now. Howevr they are not sure how to bring ther baby in if they deliver in India.
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jthomas
04-22 01:30 PM
1. Its illegal for you to pay money for H1B. (you can contact DOL for that, your employer won't be able to hire H1B's).
2. Please don't ask illegal suggestions here. this is a forumn for Highly skilled legal immigrants. you can find your answers from your lawyers.
3. Its not worth applying for H1B if you are in India, this year the quota did not get filled within a day. India is going much better than US during this recession.
Thanks
Jthomas
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it at that time if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
2. Please don't ask illegal suggestions here. this is a forumn for Highly skilled legal immigrants. you can find your answers from your lawyers.
3. Its not worth applying for H1B if you are in India, this year the quota did not get filled within a day. India is going much better than US during this recession.
Thanks
Jthomas
Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.
--One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and
--Is it advisable to get my H01 filed at this time?
--What if the USCIS asks client letters? They said, the company will take care of it at that time if that happens -- is that even legal to say that?
--What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.
Please suggest. Thanks
kaisersose
06-02 01:32 PM
Isnt all that in picture only when you are travelling outside ?
Nope...she is out of status if you lose your H-1b. At any point of time, inside the US, she has to have a valid status. It can be H-4, H-4 extension pending or AOS. If she is not in any of the three, then she is accrueing unlawful presence.
Nope...she is out of status if you lose your H-1b. At any point of time, inside the US, she has to have a valid status. It can be H-4, H-4 extension pending or AOS. If she is not in any of the three, then she is accrueing unlawful presence.
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ragz4u
04-13 10:07 PM
My point exactly.
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though
Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.
I really wish that you are right about the first point and I am right about the second ;-)
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though
Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.
I really wish that you are right about the first point and I am right about the second ;-)
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mmrao2007
07-30 03:14 PM
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
With the way things are going we never know :)
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
With the way things are going we never know :)
gcsomeday
07-17 05:24 PM
newxyz100, since 485 was already filed, he/she can come back on h1/h4. I believe its just like using your h1/h4 instead of your EAD and AP in future. Experts please correct me if I am wrong.
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new_phd
05-14 01:30 PM
Or atleast make it a stickie under the appropriate forum sub category.
Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p
Maybe IV should Link to each new VB and put it on the home page ;) This will avoid 4 threads being created each time a VB is out!:p
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sam_hoosier
09-16 04:18 PM
Done.
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arihant
06-22 01:17 PM
Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?
I like your Logic. :D
I like your Logic. :D
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ashkam
03-19 02:05 PM
low hanging fruit (http://www.google.com/search?hl=en&q=I-485+low-hanging+fruit&btnG=Google+Search)
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perm2gc
12-01 06:23 PM
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
hmm..its a news for me.thks for correcting me.
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
hmm..its a news for me.thks for correcting me.
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a_yaja
04-27 11:47 AM
Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.
Hope this helps.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
Hope this helps.
Might be an issue as the EB2 I-140 is already approved. Talk to a good lawyer and see what is the best course of action.
Although it is late now, you should have withdrawn the original LC and refiled in PERM with same PD. That way you would have maintained the original priority date for EB2. Your lawyer must have told you that when you refiled your LC.
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brb2
08-09 11:14 PM
It is too early to tell if it definitely refers to us, but it is more likely that this IS referring to EB and naturalization background checks. Reasoning is like this - Background checks are required by Department of State (DOS) for issuing Visas. Department of homeland security (DHS) under which USCIS comes is responsible for those within the US. Now background checks are not conducted for issuing H1B visa etc. They are only for EB/N-400. So it is more likely they are referring us. Secondly, just two months back USCIS announced that it is going through Ombudsman's report and would be preparing a response. Last month FBI's miller came out and suggested they are happy with main file checks (which take less than 2 days to come back automatically) and USCIS is insisting of doing reference file checks and they would be keen to work with USCIS to find ways of reducing backlog processing times. Some options included they way background checks are done, and also borrowing workers from USCIS for FBI's NNC unit. Finally, when the fee increase was announced USCIS mentioned some of the money would go to reduce processing times and FBI asked for increasing the name check fee from $2 to $9 which means now that the fees increase has been implemented more resources to reduce time may be implemented.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
With scores of cases against USCIS and thousands of letters to congressmen and president and articles in NYT and WS Times, finally they may have realized that it is time they attended to the background check delays issue.
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gcgalore
08-05 10:22 PM
I got my approval email today, but my wife's online status remain unchanged received and pending. Does USCIS process dependent's application separately? Both mine and wife's application was sent the same day, FP notices were received at the same time..I mean everything was done at the same time except approval.
Any thoughts?
Any thoughts?
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hpandey
06-02 03:16 PM
you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?
As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.
This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).
As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.
This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).
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sam0407
07-18 12:55 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002:
Do not take it in negative sense, This is just my thoughts..
1. Flower campaign served it purpose, over doing anything will give produce negative results
2. As other IV members suggested we should come-up with someother innovative ideas. You can ask IV members for ideas, I sure our fellow members will share their thoughts.
Again, I am strongly believe any more flower campaign at this moment will produce negative result (i.e it will annoy the recipient).
I had the same thoughts when our IV members planned to send thank you flowers
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002:
Do not take it in negative sense, This is just my thoughts..
1. Flower campaign served it purpose, over doing anything will give produce negative results
2. As other IV members suggested we should come-up with someother innovative ideas. You can ask IV members for ideas, I sure our fellow members will share their thoughts.
Again, I am strongly believe any more flower campaign at this moment will produce negative result (i.e it will annoy the recipient).
I had the same thoughts when our IV members planned to send thank you flowers
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smuggymba
04-21 12:46 PM
Friends,
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
PM me.
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
PM me.
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nshalady
06-15 12:11 AM
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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Ramba
07-27 03:31 PM
In very rare ocassions people get to know that their 485 is preadjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.
Check out this case
http://immigrationvoice.org/forum/344724-post54.html
Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)
The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.
myvinbox@gmail.com
08-24 04:30 PM
any updates on status of background processing for your 485 ?
rani77
08-30 10:53 AM
Isnt recording conversations without the consent illegal? :confused:
This may be correct but , if you sent the tape of employer abusing /cursing its own employees to DOL along with other allegations , they might well pay special attention and scrutinize him or his company thoroghly.
This may be correct but , if you sent the tape of employer abusing /cursing its own employees to DOL along with other allegations , they might well pay special attention and scrutinize him or his company thoroghly.
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