gkdgopi
06-22 10:06 AM
I only sent an scanned affidavit to my attorney and she was ok with that.
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nashorn
12-15 12:50 PM
You need to make it more clear to get help.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
rajuseattle
03-02 12:55 PM
rajpatelemail,
U said it right, I dont know why IV admin/moderators keep allowing such abusive language in the IV forum.
IV forum is suppose to help legal immigrants dealing with different immigration related situations, instead now its turning into the forum where people started hatred.
IV admin please intervene and stop these kind of posting, which hurts IV's cause.
U said it right, I dont know why IV admin/moderators keep allowing such abusive language in the IV forum.
IV forum is suppose to help legal immigrants dealing with different immigration related situations, instead now its turning into the forum where people started hatred.
IV admin please intervene and stop these kind of posting, which hurts IV's cause.
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venky321
08-16 01:17 PM
The court is saying that since this is a non-binding memo; the court does not need to judge whether or not the USCIS definition of an employer employee relationship is valid or not.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
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ajm
04-13 09:29 PM
What if the house democrats become so pissed off and block the vote in the house?
The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.
The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.
VenuK
06-16 05:55 PM
H1 with company (X) was denied on May 2008, but made appeal to it and its in the process.
during the same time
i have applied for H1 transfer to company (Y) through consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
during the same time
i have applied for H1 transfer to company (Y) through consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
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like_watching_paint_dry
01-06 07:03 PM
Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?
I had to get the fingerprints and retinal scan the last time I went out of the country and had to get the visa stamping done. But I don't think it was termed as non-immigrant "registration".
Are you stuck in FBI name check? You can call CIS and check the status.
I had to get the fingerprints and retinal scan the last time I went out of the country and had to get the visa stamping done. But I don't think it was termed as non-immigrant "registration".
Are you stuck in FBI name check? You can call CIS and check the status.
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krishna.ahd
03-13 03:38 PM
here are the visa numbers used in 2006 for EB2 and EB3.
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
If everything goes well as planned atleast GC is assured for our children ( for some like me - grand children) .
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
If everything goes well as planned atleast GC is assured for our children ( for some like me - grand children) .
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mrsr
08-10 10:06 PM
I buy your words, I think they are working half day on saturdays
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Krilnon
02-28 09:35 PM
Welcome! It's going to be good to have a member who knows how to wield the weapon in your portrait. :P
Great entry!
Great entry!
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sanju
02-07 03:18 PM
I have valid H1B visa in my passport.
Can I travel to India via London.
Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.
-------------------------
For transit flight through London (i.e. UK)
-------------------------
If a valid US visa is stamped in your passport and the passport and visa have not expired on the day of your travel, you are exempt from the transit visa requirement at London. If the visa is not stamped in you passport, say you are carrying advance parole travel document, in that case you need a Transit visa.
-------------------------
For transit flight through Paris (i.e. France)
-------------------------
If a valid US visa is stamped in your passport and the passport and visa have not expired on the day of your travel, you are exempt from the transit visa requirement at Paris. If you are carrying advance parole travel document, in that case too you do not need a Transit visa at Paris.
Hope this is useful.
Can I travel to India via London.
Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.
-------------------------
For transit flight through London (i.e. UK)
-------------------------
If a valid US visa is stamped in your passport and the passport and visa have not expired on the day of your travel, you are exempt from the transit visa requirement at London. If the visa is not stamped in you passport, say you are carrying advance parole travel document, in that case you need a Transit visa.
-------------------------
For transit flight through Paris (i.e. France)
-------------------------
If a valid US visa is stamped in your passport and the passport and visa have not expired on the day of your travel, you are exempt from the transit visa requirement at Paris. If you are carrying advance parole travel document, in that case too you do not need a Transit visa at Paris.
Hope this is useful.
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HalfDog
06-24 03:31 PM
Oh my god that is a thousand times better, great job.
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westh1b
04-11 10:23 PM
My friend came to US on January through one bodyshopper on H1B visa and he was on project for 4 months.When his project is over and he is on bench then his employer forcing him to send him a email stating that he will be on leave without pay and immediately his employer stopped paying him salary from the day he was on bench.
Can any one please guide me that how to file complaint to DOL against his body shopper.
Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
Thanks
H1B
Can any one please guide me that how to file complaint to DOL against his body shopper.
Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
Thanks
H1B
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javadeveloper
03-28 06:34 PM
If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
My project is getting over, and it seems hard to find a h1b job.
pls advice
I think your employer should cooperate with you by not withdrawing your I-140.
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_shoonya
07-13 12:58 AM
Yes, as per current law you can get SS benefits after retirement age even if you do not have a GC and even if you are not residing in US. The only requirement is for you to have 40 SS credits.
However, given the current state of SS, it is quite likely that rules might change over next 5, 10, 20, 30 years.
However, given the current state of SS, it is quite likely that rules might change over next 5, 10, 20, 30 years.
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snathan
01-24 11:22 AM
Hi,
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.
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ice_mountain
07-17 08:16 PM
1. The title noted on the labor form was "Associate". On the job description letter, is it ok if the title is noted as "Financial Associate Analyst". Plus my labor was approved as IS Manager. Would the "financial" title cause a problem?
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
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gcslave
07-08 05:32 PM
Apparently, FP and approvals go in parallel. Checked my case status online, and all 3 of our cases got approved today. The status was set to Decision. I guess it won't go to card production until my wife's FP is done, or maybe my daughter and I will get the card before my wife. Waiting for the snail mail to confirm, seems like an anticlimax after waiting for so many years.
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kshitijnt
12-12 06:55 AM
Hello everyone,
My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.
Guru's pls guide
Thanks
Kapil
Every state has different rules. You are from which state?
My driver's license has come up for renewal in Feb 2009. I have 2 yrs EAD.I have send my H1 for renewal but it has not got yet approved..
My employer suggessted that I use my EAD card to get my license renewed. In Ideal case I would like to use my approved H1 to renew my license. However since its taking time for my H1 renewal can I use my EAD card to get my license renewed.
Guru's pls guide
Thanks
Kapil
Every state has different rules. You are from which state?
imconfused
05-27 08:46 AM
any help?
meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
