hope4gc
04-26 07:05 AM
I think they were trying to do a 4/12/2012, it might have been a typo, Call them and explain your situation, you may get a extention.
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meridiani.planum
05-11 02:36 AM
Hi All,
I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.
After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.
My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
I am asking this because I want to be prepare if any RFE come regarding this issue.
I will really appreciate any kind of response/guidance in this matter.
I really need solution for this problem.
Thanks in advance.
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.
After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.
My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
I am asking this because I want to be prepare if any RFE come regarding this issue.
I will really appreciate any kind of response/guidance in this matter.
I really need solution for this problem.
Thanks in advance.
You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.
Pandi
03-28 02:21 PM
Thanks to Thomachan (for highlighting why legal immigrant's children should be considered in the Dream Act) and Sanju ( for focussing on the key decision makers who can influence this). I am sure we can make atleast an attempt to get this included. :). This will help legal immigrants with children in high school and college to a large extent.
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snathan
05-20 12:28 PM
Was your question
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?
Guys
Lets complete her questions with various possible choices and help her. Happy Friday. :D
May be the husband....
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?
Guys
Lets complete her questions with various possible choices and help her. Happy Friday. :D
May be the husband....
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deafTunes123
07-05 06:16 PM
Great Idea. I will definitely attend. But would recommend to keep before the Day Light Savings Period end. Just to help for the drivers who needs to drive long distance.
perm2gc
06-16 09:29 PM
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
What will be my status till Oct 1st from the day my H1 is approved?
You H1 will aproved from oct 1st only.until that time you will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
You attorney might have applied while applying your H!.Contact your attorney.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
You can apply and don't expect that your EAD will come before H1.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
I20.can you explain in detail
Please help me out.
Thanks
Please talk to your attorney.My views are personal.
What will be my status till Oct 1st from the day my H1 is approved?
You H1 will aproved from oct 1st only.until that time you will be on H4.
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
You attorney might have applied while applying your H!.Contact your attorney.
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
You can apply and don't expect that your EAD will come before H1.
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
I20.can you explain in detail
Please help me out.
Thanks
Please talk to your attorney.My views are personal.
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PD_Dec2002
06-24 12:28 PM
I agree with you.
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
I have no knowledge on this subject so I can't help you out here. As Ramba also said, seek legal help. Also, if getting married is important to you, your partner, and you are sure about your relationship, and if you guys are getting it done in India anyways, why not get a court marriage here ASAP before filing for your I-485.
From a GC perspective, it "might" be better to have one I-485 application with spouse as the beneficiary rather than pursuing two I-485s independently.
Good luck.
Thanks,
Jayant
We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You�re Thoughts please?
I have no knowledge on this subject so I can't help you out here. As Ramba also said, seek legal help. Also, if getting married is important to you, your partner, and you are sure about your relationship, and if you guys are getting it done in India anyways, why not get a court marriage here ASAP before filing for your I-485.
From a GC perspective, it "might" be better to have one I-485 application with spouse as the beneficiary rather than pursuing two I-485s independently.
Good luck.
Thanks,
Jayant
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Ann Ruben
07-22 12:57 PM
You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:
"Question 7. Should service centers or district offices deny a request for an H-1B extension
beyond the 6-year limit where the labor certification or immigrant petition from an
employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be
from the same employer requesting the H-1B extension."
Michael Aytes
December 27, 2005
HQPRD 70/6.2.8-P
USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)
Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.
Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.
Hope this is helpful.
more...
waitin_toolong
07-30 01:36 PM
My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?
Yes
Yes
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uma001
12-19 09:59 AM
Hi,
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
Sagittarian,
Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
Sagittarian,
Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
more...
cooldudesfo
12-16 06:51 PM
Hello Friends,
I am travelling to INDIA on Jan 28, 2009.
I am booking Lufthansa Airlines, travelling via Munich to Delhi.
Visa on passport is expired but I do have approval of H1B till 2010.
Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.
Thanks in advance.
I am travelling to INDIA on Jan 28, 2009.
I am booking Lufthansa Airlines, travelling via Munich to Delhi.
Visa on passport is expired but I do have approval of H1B till 2010.
Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.
Thanks in advance.
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qasleuth
05-06 12:51 AM
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?
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bp333
10-29 03:38 PM
Thanks much for all your suggestions..i will inform lawyer about this.,
Hi PDCOT05,
You should be OK, I am aware of same situation and they accepted the refiling.
Mine was reject due to "missing or incorrect fee" refiled on Oct 12, waiting. Strange part is we dont have any evidence of the original check. That makes it complicated..
Hi PDCOT05,
You should be OK, I am aware of same situation and they accepted the refiling.
Mine was reject due to "missing or incorrect fee" refiled on Oct 12, waiting. Strange part is we dont have any evidence of the original check. That makes it complicated..
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raysaikat
07-19 10:37 AM
Hi All,
I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.
I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.
I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.
Thanks,
Amar.
In my case, it did not. The I-485 application status changed directly to "Approval notice sent". Then next day I got "Card production ordered" and after that "Welcome notice sent".
I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.
I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.
I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.
Thanks,
Amar.
In my case, it did not. The I-485 application status changed directly to "Approval notice sent". Then next day I got "Card production ordered" and after that "Welcome notice sent".
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needhelp!
11-15 11:15 AM
Go IV
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wizard20740
07-01 03:46 PM
My wife's ead was filed in April even though hers was due for expiry only in Oct 2008. Yday her ead was approved (her online status read "card ordered".
I have also read about one other case in , where the poster had filed too early but still received approval. Only problem is the new ead is valid for a year starting from the filing date, not 1 year from the expry of the old ead.
I have also read about one other case in , where the poster had filed too early but still received approval. Only problem is the new ead is valid for a year starting from the filing date, not 1 year from the expry of the old ead.
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makemygc
06-22 11:26 AM
Download trial version of Adobe Acrobat professional and you can very well save it.
Along with the data you entered?? :confused:
Along with the data you entered?? :confused:
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thomascannivady
07-17 06:00 PM
Please post their addresses on the Front page of IV so that all can send Thank you cards.
I certainly would like to send both of them cards.
I certainly would like to send both of them cards.
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gcnotfiledyet
03-16 05:54 PM
My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????
If you show them marriage certificate they should be able to backdate the dates of coverage. That is what happened in my case. Other option is to shop for private insurance for few days. You will pay premium. Get some cheaper insurance then you run risk of lot of loopholes in coverage. Get travel insurance from companies in India. There are plenty and you can find discussion on this forum. Check with pre existing condition clause with your insurance company even if the coverage starts from 1st.
Other option is to have your wife come after 1st of month or pray to God that she doesn't fall sick, just kidding.
If you show them marriage certificate they should be able to backdate the dates of coverage. That is what happened in my case. Other option is to shop for private insurance for few days. You will pay premium. Get some cheaper insurance then you run risk of lot of loopholes in coverage. Get travel insurance from companies in India. There are plenty and you can find discussion on this forum. Check with pre existing condition clause with your insurance company even if the coverage starts from 1st.
Other option is to have your wife come after 1st of month or pray to God that she doesn't fall sick, just kidding.
godbless
03-08 07:17 PM
I travelled to India first time after coming to USA. The airline people did not take my I94 from me. I was not aware if I had to turn it in. I came back and got another I94. Now what do I do with my old I94? My 140/485 is in progress.
Znan
08-15 01:33 PM
Dont know how to express my feeling but it made me laugh, you statement is absolutely true though sad, its like saying are kuch to kar, kam se kam sharam kar :)..... may be that USCIS guy takes a look at the case and feels ashamed that he approved so many with out an order and this one is pending since so long .....cynical me sorry ...
I would say it is still a good sign as it tells that someone is at least looking at your case instead of your case being in a basement in a box.
I would say it is still a good sign as it tells that someone is at least looking at your case instead of your case being in a basement in a box.