kabeer_g
01-12 12:17 PM
This is absolutely illegal. Never never do this.
So can you please suggest what do I do in this case. Only other option I can think of is telling the New Delhi consulate that I will be back in country in April and can submit my passport then.
I am hoping leaving India and entering US on Advance Parole was fine. It is not like my H1B had been denied. They needed additional documentation (medical report), which I submitted. After that they told me it would take them 2-3 weeks to process additional information. Since I did not have that much time, I left the country.
So can you please suggest what do I do in this case. Only other option I can think of is telling the New Delhi consulate that I will be back in country in April and can submit my passport then.
I am hoping leaving India and entering US on Advance Parole was fine. It is not like my H1B had been denied. They needed additional documentation (medical report), which I submitted. After that they told me it would take them 2-3 weeks to process additional information. Since I did not have that much time, I left the country.
unseenguy
06-16 01:12 AM
I agree with above posters.
Ask for shorter duration visa.
leave siblings out
Show strong financial position to supprt their stay in US
Show strong ties to home country. (leaving siblings out & adding grandparents care is a good thing), but also show strong monetory ties such as property in home country.
Ask for shorter duration visa.
leave siblings out
Show strong financial position to supprt their stay in US
Show strong ties to home country. (leaving siblings out & adding grandparents care is a good thing), but also show strong monetory ties such as property in home country.
txh1b
08-18 05:11 PM
If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.
Totally wrong. If the H1b was a COS, there has been a status violation by all means!
Totally wrong. If the H1b was a COS, there has been a status violation by all means!
lazycis
05-01 11:54 AM
If old I-140 has not been revoked, you are entitled to the old PD.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
8 CFR 204.5
(e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
more...
priderock
05-15 01:33 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.
I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.
I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.
kola
05-04 01:48 PM
Hi Madhuri,
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
Do you have any more information regarding this.
I am in the same boat .
My LC got approved through perm in my 6th year
and I140 applied and pending .
6th year expires in Sept06.
Any help is greatly appreciated.
more...
maddipati1
08-04 11:56 PM
i was in same situation. couldn't get new AP in time. went for stamping in India.
my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.
if u read 131 instructions, it talks about abandoning app.
basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
and if u leave US before approval of AP, ur 485 considered abandoned.
Ref:
http://www.uscis.gov/files/form/i-131instr.pdf
Page 4, Section E.
my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.
if u read 131 instructions, it talks about abandoning app.
basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
and if u leave US before approval of AP, ur 485 considered abandoned.
Ref:
http://www.uscis.gov/files/form/i-131instr.pdf
Page 4, Section E.
kaisersose
06-02 04:05 PM
can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
For you or for her? Getting a H is not easy (you will have to wait till Oct 2009) and maintaining a H without paystubs is not legal either. Should be far more easier & quicker for her to get a F visa.
In general, avoid getting into risk situations that you cannot get out of. In the long run, being safe with immigration matters and resisting the temptation to make a few extra bucks will be more beneficial.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
For you or for her? Getting a H is not easy (you will have to wait till Oct 2009) and maintaining a H without paystubs is not legal either. Should be far more easier & quicker for her to get a F visa.
In general, avoid getting into risk situations that you cannot get out of. In the long run, being safe with immigration matters and resisting the temptation to make a few extra bucks will be more beneficial.
more...
Sandeep
02-16 05:32 PM
Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota
kaisersose
08-06 09:19 AM
capturing visa numbers would put an end to our misery. and increasing the employment based visa will pave way for future immigrants. handling a few thousand more cases is not a big deal for USCIS(there may be performance issues but not like difficulty of hiring more people to do the stuff!). don't get panicky about the number. it should be lot less than you would think.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
more...
imm_pro
06-13 05:09 PM
Going through a bill, usually in subcommittee, section by section, revising language, amending sections etc and reach a consensus
jonty_11
02-09 10:13 AM
I fully believe in court systems in USA, and feel that we should file the lawsuit. The bills like CIR or SKIL wont see the daylight in political fights
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
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serg
10-30 08:47 PM
You can start working on EAD now and wait for the H1 approval to come through.
WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.
WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.
kumar1
12-08 12:16 PM
Do not come to software if you do not have a interest in it. This field has its own set of stress and problems. I know people who moved from manufacturing to software because of (a.) good money and (b) chance to see USA/Europe. They are the most frustrated guys around. After 2-3 rounds of lay off, they want to go back to their old job but after 5-6 years, they are not fit for their old job either.
Last but not the least, I can not imagine someone making 200k and coming to forum with these set of questions.
Last but not the least, I can not imagine someone making 200k and coming to forum with these set of questions.
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eastindia
09-23 10:59 AM
This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?
You are an anti-immigrant.
You are an anti-immigrant.
coolmanasip
07-19 09:39 AM
If we submit tax returns then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
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pointlesswait
11-26 02:50 PM
there was nothing to be so touchy in those two lines of mine!
Pineapple
10-10 09:44 PM
Yes, I did. That is how I came to know that I had to send the card back, with a fresh I765 (but no fees), and a letter explaining the error (as it it wasn't obvious).. my worry was (still is) that my application would join the pile of applications, and would sit there in the bottom.. another potential wait of six months..
So, I did all I could. I called up USCIS a couple of times, took an Info Pass appointment, and talked to an official at ASC when I went for my finger printing appointment.. They were all sorry about it, but could not do much to help. Returning and re-applying are the only options. However, I was told (not sure how much to believe), that since it is obviously their error, it would not take long to fix and they'll send me a corrected card earlier than it would have taken if it were a regular fresh application.
Anyway, my lawyer did her own checking and calling - we gave her the EAD and two fresh photos, and a copy of proof of identity (drivers license)
, and she promised to take care of it.
Will post if it works out well.. :)
So, I did all I could. I called up USCIS a couple of times, took an Info Pass appointment, and talked to an official at ASC when I went for my finger printing appointment.. They were all sorry about it, but could not do much to help. Returning and re-applying are the only options. However, I was told (not sure how much to believe), that since it is obviously their error, it would not take long to fix and they'll send me a corrected card earlier than it would have taken if it were a regular fresh application.
Anyway, my lawyer did her own checking and calling - we gave her the EAD and two fresh photos, and a copy of proof of identity (drivers license)
, and she promised to take care of it.
Will post if it works out well.. :)
nrk
10-06 06:07 PM
Done
kaizersoze
03-21 12:32 PM
just noticed up the thread that there was a conf call held already. pankaj,
could you pls share the details.
could you pls share the details.
Green.Tech
08-05 05:41 PM
Thanks for the response, folks.
It will be interesting to hear from people who have or are required to sing certain contracts with their employers.
I am assuming the employers logic can be that - "well we were the ones who really paid for your labor cert" and that may be true as far as DOL is concerned. But my logic is if I reimburse you that money a year or two down the line, doesn't that mean that eventually I had to pay for my labor cert :)
I am also interested to know what kind of contracts the employers are having people sign - reimburse us if you leave within a certain time frame (2 or 3 years from when your GC process was initiated by the company) or are the contracts more like - reimburse us full amount no matter when you leave during pending GC process.
It will be interesting to hear from people who have or are required to sing certain contracts with their employers.
I am assuming the employers logic can be that - "well we were the ones who really paid for your labor cert" and that may be true as far as DOL is concerned. But my logic is if I reimburse you that money a year or two down the line, doesn't that mean that eventually I had to pay for my labor cert :)
I am also interested to know what kind of contracts the employers are having people sign - reimburse us if you leave within a certain time frame (2 or 3 years from when your GC process was initiated by the company) or are the contracts more like - reimburse us full amount no matter when you leave during pending GC process.
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